Conditions of Use of the PrestaShop Metrics Service
Enters in force on 09/09/2020
CONDITIONS OF USE OF THE PRESTASHOP METRICS SERVICE
The purpose of these Special Conditions is to define the rights and obligations between PrestaShop and the User regarding use of the PrestaShop Metrics service (the “PrestaShop Metrics Service”).
The present Special Metrics Conditions are available in languages other than French.
However, in the event of any inconsistencies or contradictions between the French version and the various translations of this document, the French version shall take precedence.
IT HAS BEEN AGREED AS FOLLOWS:
ARTICLE 1 - DEFINITIONS
The Parties agree that where the following terms or expressions begin with a capital letter within the body of the present General Terms and Conditions (including in the individual clauses and the preamble), and whether they are used in the singular or the plural, they shall have the meanings given below:
"PrestaShop Metrics GTU" refers to the present Special Conditions.
“PrestaShopMetrics Module" refers to the software that may be accessed and downloaded from the Back-Office and/or Add-Ons Marketplace and which allows the User to access the PrestaShop Metrics Service.
“PrestaShopMetrics Service" refers to the service to which the User has access after downloading the PrestaShop Metrics Module.
“PrestaShop Metrics Support" refers to the specific support service for Users during installation and use of the PrestaShop Metrics Module.
ARTICLE 2 - Acceptance of the GTU
Access to and use of the PrestaShop Metrics service is subject to full and unqualified acceptance by the User of the GTU.
ARTICLE 3 - Access to a PrestaShop Metrics Service involving a third-party Service
3.1 Creating a PrestaShop Account
The User should note that to be able to use the PrestaShop Metrics Service he/she must already have a PrestaShop account.
Full registration by the User automatically results in the opening of an account in the User's name, allowing him/her to access the Metrics Service subject to compliance with the terms and conditions set out in detail in point 3.2 below.
The free version of PrestaShop Metrics Service can be used as soon as the User accepts the GTU and the Metrics Special Conditions and eligibility will continue for as long as the User uses them in accordance with the present terms.
3.2 Existence of a Google Analytics account
The User should note that use of the PrestaShop Metrics Service requires a pre-existing Google Analytics account associated with the store attached to the Account in accordance with the GTU above.
Consequently, if the User does not own one at the time of installation of the Module, a Google Analytics account must be created in advance.
The account thus created with Google only incurs the User’s liability in relation to the latter. It is the User's responsibility to review and accept the general terms and conditions of sale and/or use of third-party Services.
ARTICLE 4 - PrestaShop Metrics Module Updates and Support
Users receive free updates to the PrestaShop Metrics Module (hereinafter “Updates”) consisting of minor and major Updates and maintenance to the extent indicated in the following paragraph. Updates are not specific, customised and bespoke developments for the User’s Merchant site alone.
Only those minor updates to the PrestaShop Metrics Module available on and after the date of acquisition are provided to the User by PrestaShop free of charge and without time limits.
A Support service is provided free of charge from the time of installation of the PrestaShop Metrics Module.
This service will assist the User with all questions related to the installation of the PrestaShop Metrics Module and Updates thereof. The support service will also intervene in the event of a Module malfunction. Other than in these cases, no free support service will be provided.
It is understood that the Support provided is solely technical and does not cover third-party services accessible via the Connector or in which the latter serves as an intermediary with the Partner.
In particular, certain services offered such as training and, more generally, any interventions on the User's Merchant site, are not included.
Users making use of the Support will be connected to PrestaShop by means of the Data Subcontractor agreement appended to the present GTU.
ARTICLE 5 - Financial terms
5.1 Downloading and use of the PrestaShop Metrics Service
The prices given are ex-VAT.
The PrestaShop Metrics module can be downloaded free of charge.
Any use of the Metrics Service not described or presented as free within these Special Conditions, in the Merchant Site Back-Office or within PrestaShop Services is paying unless expressly stated otherwise.
The User agrees to provide PrestaShop with all information necessary to ensure effective processing of payments.
Note, however, that use of the PrestaShop Metrics Service requires a pre-existing account with the third-party Service, Google Analytics, which may generate additional costs. It is the user's responsibility to review and accept the terms and conditions of sale and/or use of the third-party Service.
The Support service, as described in Article 4.2 above, is free.
Apart from the cases described therein, support services are paying, unless expressly stated otherwise.
ARTICLE 6 - User obligations and liability
6.1 User obligations
Without prejudice to the other obligations set out in the present agreement, the User agrees to use the PrestaShop Metrics Service in accordance with public order and good morals. To this end, the User agrees to use the Service in a manner compliant with current legal and regulatory provisions and to prohibit any noncompliant use.
6.2 User responsibility
Downloading and set-up of the PrestaShop Metrics Module and use of the PrestaShop Metrics Service are carried out at the User's own risk.
The User must comply with the applicable legal and regulatory provisions. As such, it is his/her responsibility to ensure that he/she does not commit (i) any infringement of intellectual property rights, (ii) any harm against people or breach of respect for private life, or (iii) any breach of public order or morals during use of the PrestaShop Metrics Service.
Failing this, and immediately PrestaShop is notified, pursuant to the provisions of Article 9 of the present agreement, access to the PrestaShop Metrics Service may be temporarily suspended or terminated.
ARTICLE 7 - PrestaShop's responsibility
The PrestaShop Metrics Service is in principle accessible 24 hours a day, 7/7, aside from down time, whether scheduled or not, for maintenance of the Module or in the event of force majeure.
However, and with regard to the very purpose of the PrestaShop Metrics Module, PrestaShop cannot guarantee that it will be provided continuously, without any errors, anomalies, viruses or bugs, or without any security vulnerabilities. PrestaShop provides no guarantee of results in terms of service levels, concerning either response or correction times. In this regard, PrestaShop’s obligation shall be limited to the means.
The User should note that PrestaShop shall not be deemed liable for any direct or indirect damages caused to the User and arising solely from the third-party Service offered by the Partner.
In any event, PrestaShop cannot be held liable for compensation for any indirect damages such as indicated in the following list, which is not exhaustive: loss of revenue or turnover, data loss or theft, loss of traffic, loss of customers, harm to company image or reputation, etc.
ARTICLE 8 - Changes to the Special Metrics Conditions
The present Metrics Special Conditions may be amended by PrestaShop subject to 15 days’ notice before the new changes come into effect, in keeping with changes to the PrestaShop Metrics Module and/or applicable regulatory requirements. Changes shall take effect as of publication on the prestashop.com and/or addons.prestashop.com websites.
ARTICLE 10 - Termination
9.1 Suspension or Termination of the PrestaShop Metrics Service by the User
You may cancel your subscription to the PrestaShop Metrics service at any time from your Back-Office or by contacting PrestaShop support.
9.2 Termination for convenience
PrestaShop reserves the right to suspend or terminate the PrestaShop Metrics Service at any time, without justification or compensation.
If the Service is terminated by PrestaShop, the User will be notified by email. Termination will be effective thirty (30) calendar days from the date of notification.
The User should note that uninstalling the Metrics Module does not in itself result in termination of the Metrics Service. For termination by convenience, the User must submit a request by email to
9.3 Suspension and/or termination for User misconduct
PrestaShop may suspend or terminate the PrestaShop Metrics Service, in particular in any of the following cases:
non-acceptance of new PS Metrics Special Conditions and/or of new User pricing conditions,
any use that is unlawful, unfair or contrary to current law or to the regulations of the Services,
any behaviour potentially detrimental to PrestaShop's image,
any suspicion of payment fraud,
more generally, any violation of the present GTU or Metrics Special Conditions.
ARTICLE 10 - Intellectual property
PrestaShop holds the rights to the Module and the PrestaShop Metrics brand name. Any representation and/or reproduction and/or exploitation of the module, in part or in whole, by any means is strictly prohibited and may constitute a patent infringement under the provisions of Articles L335-2 et seq. of the French Intellectual Property Code.
ARTICLE 11 - Personal data
Information on the collection and processing of personal data carried out by our company is set out in detail in our Personal Data Protection Policy as well as in the personal data subcontractor agreement.
Regarding use of the Third-Party Partner Service, the User should note that all data provided on creation of the PayPal account is stored on the Partner's servers. Consequently, PrestaShop shall not under any circumstances be held responsible for how your Data is stored or used on these servers.
We advise you to review PayPal's applicable personal data protection policy to learn of your rights and obligations and of how your Data will be used.
ARTILE 12 - Force majeure
Any event constituting a case of force majeure as defined by case law shall lead to suspension of the rights and obligations of the Parties.
ARTICLE 13 - Applicable law and competent jurisdiction
The present PrestaShop Metrics Special Conditions are subject to French law. Efforts shall be made to reach an amicable settlement regarding any dispute between the Parties concerning the interpretation or execution of the Metrics Special Conditions. If such attempts are unsuccessful, the Parties shall assign jurisdiction to the Commercial Court of Paris (France).
ARTICLE 14 - Partial invalidity
If, for any reason, all or part of the present Metrics Special Conditions are cancelled, the remaining provisions shall retain their full effect, except where the clause declared null and void concerns obligations central to the agreement.
ARTICLE 15 - Independence of the Parties
The Parties shall remain independent of each other. No clauses within the present Metrics Special Conditions have the purpose or intention of creating any agreement concerning partnership, mandate, representation or relationship of subordination between the Parties.