Terms and Conditions

Last updated: 15 February 2024

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with www.retailed.io website (the "Service") operated by Retailed SAS ("us", "we", or "our") registered under the company number 982 098 832 R.C.S TOULOUSE, headquarters located at Z.I de Vic 10 Ter Route d'Escalquens, 31320 Castanet-Tolosan.

Please read these Terms and Conditions carefully before using our Services.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use our Services.

By accessing or using our Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access our Services.

Table of contents

1. Subscriptions
2. Free trial
3. Fee changes
4. Refunds
5. Accounts
6. Links to other website
7. Termination
8. Limitation of liability
9. Your obligation to indemnify
10. Disclaimer and warning
11. Governing law
12. Changes
13. Contact us

1. Subscriptions

In Short: Some parts of Retailed's services are subscription-based and billed on a recurring basis, either monthly or annually, depending on the subscription plan selected. Subscriptions will automatically renew unless cancelled by the user or by Retailed's.

Some parts of our Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Retailed cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Retailed customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Retailed with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Retailed to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Retailed will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

2. Free trial

In Short: Retailed offers a free trial for its Subscription service, which may require billing information. Users will not be charged, and Retailed may modify or cancel the offer at any time.

Retailed may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Retailed.

At any time and without notice, Retailed reserves the right to:

  1. modify the terms and conditions of the Free Trial offer,
  2. cancel such Free Trial offer.

3. Fee changes

In Short: Retailed can change Subscription fees at any time, with prior notice. Users must pay the modified fee or terminate their Subscription.

Retailed, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Retailed will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of our Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

4. Refunds

Refund requests for Subscriptions may be considered by Retailed on a case-by-case basis and granted in sole discretion of Retailed.

5. Accounts

In Short: Users must provide accurate and current information when creating an account with Retailed. You are responsible for safeguarding your password and notifying Retailed of any security breaches or unauthorized use. You should not disclose your password to third parties.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access our Services and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

6. Links to other websites

In Short: Retailed is not responsible for any third-party websites or services linked to its own website. The user should read the terms and conditions and privacy policies of any third-party websites or services that they visit.

Our Service may contain links to third-party web sites or services that are not owned or controlled by Retailed.

Retailed has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Retailed shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

7. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use our Services will immediately cease. If you wish to terminate your account, you may simply discontinue using our Services.

8. Limitation of liability

In Short: Retailed and its affiliates will not be held liable for any damages resulting from your use of their services, including damages from third-party conduct, unauthorized access, or alteration of your content. They assume you are using their services legally and ethically, and will not be held responsible for any unlawful actions you take. They also do not guarantee the availability or performance of their services or those provided by third parties.

In no event shall Retailed, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  1. your access to or use of or inability to access or use our Services;
  2. any conduct or content of any third party on our Services;
  3. any content obtained from our Services;
  4. unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

We are not obliged to verify the manner in which you or other users use the Website, Platform, Configuration or Services and we shall not be liable for the manner of such usage. We assume that you use the Website Platform and Services legally and ethically and that you have obtained permission, if necessary, to use it on the targeted websites and/or other data sources.
We shall not be liable for the outcomes of activities for which you use our Website, Platform, Configuration or Services. Provided that a third-party service or product is established on the Platform or on any of its functionalities, we shall not be liable for such a service or product, their functioning or manner and consequences of their usage.

We shall not be liable for any of your unlawful actions in connection to the usage of the Website, Platform, Configuration or Services with respect to third parties (e.g. breach of intellectual property rights, rights to the name or company name, unfair competition, breach of terms of websites or applications and programs of third parties).

We shall not guarantee or be liable for the availability of the Website, Platform or Services (or products arising therefrom) or for their performance, reliability or responsiveness or any other performance or time parameters. We shall neither be liable for the functionality or availability of our Services of other providers that we mediate to you solely. We shall neither be liable for your breach of service usage terms of such providers.

9. Your obligation to indemnify

In Short: You agree to defend, indemnify, and hold Retailed and its affiliates harmless from any third-party claims, liabilities, losses, and expenses arising from your use of the website, platform, configurations, or services and any breach of these terms. Each indemnified person has the right to enforce its rights under this section directly.

You agree to indemnify, defend and hold us, our agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant partner(s), licensors, licensees, consultants and contractors) (“Indemnified Person(s)”) harmless from and against any third-party claim, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of your use of the Website, Platform, Configurations or Services and/or your breach of any of these terms. You acknowledge and agree that each Indemnified Person has the right to assert and enforce its rights under this section directly on its own behalf as a third-party beneficiary.

10. Disclaimer and warning

In Short: We do not provide any warranties for our services and your use of the website and services is at your own risk. We may suspend your use of the services if asked to do so by a data source, website, or repository, and you will be held responsible for any claims or demands arising from your use of the services. If a third party makes a claim against us related to your actions, we may delete any content gathered by you, and you are obligated to cooperate and reimburse us for any related expenses.

Your use of our Services is at your sole risk. Our Services are provided on an "AS IS" and "AS AVAILABLE" basis. Our Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Retailed its subsidiaries, affiliates, and its licensors do not warrant that a) our Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) our Services is free of viruses or other harmful components; or d) the results of using our Services will meet your requirements.

We may immediately suspend your use of the Website, Platform, Configurations and/or Services if we are contacted by your targeted data extraction source, website, or repository and asked to cease all extraction activity. If such an event occurs, we will not disclose your information without a court order mandating us to do so unless we in our best judgment determine that there would be an adverse consequence if we do not. If, however, we receive a court order demanding the release of your information to a third party, we will comply. If such action becomes necessary, you agree to indemnify and hold us and (as applicable) our parent(s), subsidiaries, affiliates, officers, directors, agents, contractors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising from any complaint, suit, disagreement or other repercussions resulting from your use of the Website, Platform, Configurations or Services.

Should any third party claim its rights against us in connection to your actions, we may immediately eliminate any contents gathered, saved or disseminated by you from servers used by us. In the event of a judicial dispute with a third party related to your actions, you are obliged to provide us with all necessary cooperation in order to resolve such a dispute successfully and you are also obliged to reimburse continuously any purposeful expenses arising to us due to such a dispute. With respect to this, should an obligation arise to reimburse any claim of a third party, you agree to pay us the full scope of the damages.

11. Governing law

These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding our Services.

12. Changes

In Short: We may change these Terms and Conditions at any time, and if the changes are significant, we will notify you 30 days in advance. If you continue to use our Services after the changes take effect, you agree to the revised terms.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using our Services.

13. Contact us

If you have questions or comments about these Terms and Conditions, please submit the contact form.