Introduction

Welcome to Sellest! These General Terms of Use govern access to and use of our platform and associated services provided by Sellest ("Sellest", "we", "our", or "us"). By accessing our Services, creating an account, or using our features, you agree to abide by these Terms. Please read them carefully to understand your rights and responsibilities as a user of the Services.

These Terms define the conditions related to account creation, user responsibilities, intellectual property rights, cancellation policy, and the privacy and security rules applicable to our Services. If you have any questions or need further information, please feel free to contact us at support@sellest.io.

If you do not accept all of these Terms, you must not access or use the Services. We thank you for your trust and hope that Sellest offers you a rewarding experience in developing your projects.

This English version of the Terms of Use is a translation of the original French version. While we strive for accuracy, there may be discrepancies or errors in the translation. For the most accurate and legally binding version, please refer to the original French version, which remains the sole authoritative text.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE YOU FULLY UNDERSTAND EACH PROVISION.

General Provisions

Clients and Authorized Users

The term "Client" or "you" refers either to an individual accessing the Services for their own account or an organization that you represent. By creating an account on the Sellest platform for a company, you affirm that you have the necessary rights and authority to bind this entity by accepting these Terms.

Subscriptions

A subscription allows the Client to access the Services for the duration specified in the Services interface and on the invoice, if applicable (the "Subscription Period").

Privacy and Data Protection Policy

By using the Services, you acknowledge that your personal information will be processed in accordance with our Privacy Policy. We implement appropriate security measures, but we cannot guarantee complete security. You agree to provide your personal information at your own risk.

Use of Services and Restrictions

License Granted to the Client

We own and retain all rights related to the Services and Documentation. During the Subscription Period, we grant the Client a non-exclusive, non-transferable license to access and use the Services and Documentation in accordance with the terms of the Agreement.

Rights to Customer Content

Sellest acknowledges and respects the intellectual property rights of its users. The Client remains the exclusive owner of all creations (content generated in whole or in part through our services) and content they generate and submit as part of using the Services (the "Client Creations"), including, but not limited to, images, designs, texts, graphics, and other elements created or imported by the Client on the Sellest platform.

By using the Services, the Client grants Sellest a limited, non-exclusive, and temporary license to the Client's Creations to allow the proper functioning of the Services and the execution of features requested by the Client. Sellest does not acquire any ownership or control rights over the Client's Creations, and these remain the exclusive property of the Client.

The Client retains the right to use, reproduce, modify, share, or exploit their Creations outside of the Sellest Services without any restrictions.

Restrictions on Use

You agree not to use the Services to transmit illegal content or content that infringes the rights of third parties, including but not limited to intellectual property rights and privacy rights. You also agree not to:

• Use automated systems to access the Services (robots, etc.);
• Transmit spam or other unsolicited communications;
• Damage, disable, or disrupt the functioning of the Services;

Storage of User Images

If you have subscribed to a plan, you may store and manage certain content in the Services. However, we do not guarantee the availability or integrity of these files, and you agree to assume full responsibility for managing and backing up your Client Content.

Acceptance of the Rules of Use

By using the Services, you agree not to violate the applicable laws or these Terms, and you acknowledge our right to remove or suspend any content that may violate these rules.

Payment Obligations

Payment Terms

For paid subscriptions, the fees are listed on our website or in the Order Forms, and these fees are non-refundable, unless stated otherwise in these Terms.

Billing Policy

By subscribing to a paid plan, you agree to use a valid payment method and to keep your payment information up to date. Fees are billed on a recurring basis according to the selected billing cycle.

Payment Information

We use third-party providers to handle payments. We do not view or store your credit card information or other payment details.

Cancellation

You can cancel your subscription at any time by notifying us at least 24 hours before the renewal date, or via your subscription management area. This area is managed by a third-party provider, and we are not responsible for any issues arising on their side. Cancellation will take effect at the end of the current subscription period, with no refund for already paid periods.

Trial Period

We offer new users a free trial period of several days to explore the features of Sellest. During this period, you will have full access to all features included in the selected subscription level, allowing you to evaluate the effectiveness of the Services.

Cancellation :You can cancel your free trial at any time before the end of your trial period to avoid any charges. If you do not cancel before the end of the trial period, a payment will be automatically charged via the registered payment method, according to the selected subscription price.

The trial period is limited to a single use per user and/or per company and/or per individual.

Right of Withdrawal and Waiver for Digital Services

Under the provisions of the Consumer Code, specifically Article L221-18 and following, you have a 14-day right of withdrawal from the conclusion of the contract, allowing you to cancel your subscription without charge or justification.

Exception to the Right of Withdrawal :Under Article L221-28 of the Consumer Code, the right of withdrawal does not apply for digital content not provided on physical media, if two cumulative conditions are met:

• You have given prior consent to the immediate performance of the Services;
• You have expressly waived your right of withdrawal;

Application to Sellest's Services :By accessing the features of your subscription immediately after subscribing, you consent to the immediate performance of the service and expressly waive your right of withdrawal. This waiver is explicitly required at the time of subscription, by accepting these Terms and consenting to the immediate execution of the Services.

Therefore, if the Services begin before the end of the 14-day period, no request for withdrawal or refund will be accepted, unless the Services have not been used during that period.

If the Services have not been used and you wish to exercise your right of withdrawal, you must inform Sellest within the legal timeframe by sending an email to support@sellest.io. In this case, Sellest will issue a full refund within 14 days of receiving your withdrawal request.

Duration and Termination

Duration of the Agreement

A paid subscription lasts for the specified Subscription Period and renews automatically, unless terminated.

Automatic Renewal

Unless otherwise stated, subscriptions renew automatically for additional periods equivalent to the initial duration, unless terminated.

Termination for Just Cause

Either party may terminate the Agreement in the event of a material breach by the other party that is not remedied within 24 hours of notice.

Effect of Termination

In the event of termination by the Client, no refund will be issued. In the event of termination by us for non-compliance with these Terms, we may require payment of any remaining fees.

Copyright Policy

We respect the rights of authors and copyright holders and are committed to taking appropriate action in case of alleged intellectual property rights violations. If you believe your copyrighted work has been copied or used in a way that constitutes infringement, please contact us at support@sellest.io.

To process your request, you must include the following in your notification:

• A detailed description of the copyrighted work you believe has been infringed;
• The exact location where the allegedly infringing content is accessible on our platform;
• Your complete contact details, including your name, address, phone number, and email address;
• A statement affirming that you have a good faith belief that the disputed use is not authorized by the copyright holder, their agent, or the law;
• A statement, under penalty of perjury, that the information in your notification is accurate and that you are the copyright holder or authorized to act on behalf of the copyright holder;

We will respond promptly to notifications that meet these requirements. Sellest reserves the right to remove or disable any disputed content from the platform and to terminate access for repeat infringers at our sole discretion and without notice.

Sellest's Intellectual Property

All content, software, images, logos, graphics, trademarks, text, and other materials available on Sellest's Services (collectively, the "Intellectual Property Elements") are protected by copyright, trademark, and other applicable intellectual property laws. These Intellectual Property Elements are the exclusive property of Sellest.

Representations; Disclaimer

The Client represents and warrants that they have full legal capacity to accept this Agreement and are legally authorized to bind themselves and their Authorized Users to comply with these Terms. By using the Services, the Client also acknowledges that they are responsible for ensuring compliance with the Terms by their Authorized Users and assume responsibility for their actions and omissions.

The Services provided by Sellest are offered "as is", without any warranty, express or implied. Sellest specifically disclaims any warranty of merchantability, fitness for a particular purpose, and non-infringement of third-party rights. We do not guarantee that the Services will be uninterrupted, secure, or error-free, nor that the results obtained through the Services will meet the Client's specific expectations or needs.

To the extent permitted by law, no oral or written information or advice provided by Sellest or its representatives constitutes a warranty. The Client expressly acknowledges using the Services at their own risk and agrees that Sellest offers no guarantee of performance or results.

Limitation of Liability

To the fullest extent permitted by law, Sellest's total cumulative liability for all claims, damages, losses, and legal actions arising out of or related to the Agreement shall not exceed the total amount of fees actually paid by the Client to Sellest in the six months preceding the claim.

Sellest shall not be liable for indirect, incidental, special, punitive, or consequential damages, including loss of profits, data loss, business interruption, or other economic losses, even if Sellest has been informed of the possibility of such damages. This limitation of liability applies regardless of the nature of the claim, whether based on contract, tort, or otherwise.

In jurisdictions where such liability limitations are not permitted, Sellest's liability will be limited to the maximum extent permitted by applicable law.

Indemnification

The Client agrees to defend, indemnify, and hold harmless Sellest, its officers, directors, employees, agents, and affiliates from any claim, action, loss, damage, liability, cost, or expense (including reasonable legal fees) arising out of or related to:

• The Client's use of the Services;
• Any breach of these Terms by the Client, including any false or inaccurate representation;
• Any infringement of a third party's rights, including, without limitation, intellectual property rights, privacy rights, and publicity rights;
• Any violation of applicable laws, regulations, or orders;
• Any gross negligence, fraud, or intentional misconduct by the Client.

Sellest reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Client, in which case the Client will cooperate with Sellest in asserting any available defense.

Confidentiality

Sellest is committed to maintaining the confidentiality of sensitive or proprietary information provided by the Client in connection with the use of the Services ("Confidential Information"). This Confidential Information includes, but is not limited to, subscription details, financial data, and any non-public information related to the Client's business.

The Client agrees to not disclose Sellest's Confidential Information to third parties, unless:

• Written authorization from Sellest has been obtained;
• Disclosure is required by law or a regulatory authority, provided the Client notifies Sellest in advance (to the extent permitted by law) to allow Sellest to contest or limit such disclosure;

The Client agrees to protect the Confidential Information with a degree of care at least equal to that which they use for their own confidential information, and to limit access to such information to employees or agents who need to know it in connection with the Agreement.

User Account

Account Creation

To access certain features of Sellest's Services, it is necessary to create an account by providing accurate, complete, and up-to-date information. You agree to maintain the accuracy of this information throughout your use of the Services. Sellest reserves the right to suspend or terminate any account with incorrect, incomplete, or misleading information.

Account Security

The security of your account is your responsibility. You are required to maintain the confidentiality of your username and password and prevent unauthorized access to your account. You agree to immediately notify us of any unauthorized use of your account or any other security breach by contacting our support at support@sellest.io. Sellest will not be liable for losses resulting from unauthorized use of your account if such use is due to a security failure on your part.

Communication by Email

By creating an account on our Services, you agree to receive communications from us, including newsletters, marketing content, promotional materials, and other information related to Sellest's Services. You can opt-out of receiving some or all of these communications by using the unsubscribe link at the bottom of our emails.

Miscellaneous

Advertisement

The Client agrees that Sellest may use the Client's name, logo, creations via Sellest, and a general description of the Client's business in its marketing materials, case studies, public presentations, press releases, or other promotional content. The Client may request in writing that Sellest cease this use at any time, and Sellest will stop such use within a reasonable time after receiving the request.

Force Majeure

Sellest will not be held liable for any delay or failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, such as, but not limited to, natural disasters, pandemics, wars, civil unrest, terrorism, fires, strikes, power outages, network or telecommunications failures, and any other force majeure event.

In the event of force majeure, Sellest will make its best effort to resume its obligations as soon as possible. If a force majeure event persists beyond 30 days, either party may terminate the Agreement by sending written notice, without penalties or further liabilities.