Terms of Sale

1. Purpose

These Terms of Sale (hereinafter the "Terms of Sale") define the financial and contractual conditions applicable to subscriptions to the ConsentLab platform, published by Bob le Développeur (registered with the French Trade Register under SIRET 891 488 512 00015 — bob-le-developpeur.com), hereinafter the "Provider".

These Terms of Sale supplement the Terms of Use and apply to any Customer subscribing to a paid plan. In case of contradiction, the Terms of Sale prevail over the Terms of Use for financial matters.

In accordance with Article L.441-1 of the French Commercial Code, these Terms of Sale are communicated to any professional Customer upon request.

2. Professional capacity of the Customer

The Customer declares acting in a professional capacity when subscribing to the Service. As such, the Customer does not benefit from the right of withdrawal provided for in Articles L.221-18 et seq. of the French Consumer Code.

The Provider nevertheless offers a fourteen (14)-day free trial period allowing the Customer to test all features before any financial commitment.

3. Subscription plans and pricing

3.1 Available plans

The Platform offers the following plans:

Detailed and up-to-date prices are available on the Pricing page. All prices are stated excluding VAT. Applicable VAT will be added at the rate in force on the date of invoicing.

3.2 Annual billing

The Customer may opt for annual billing and benefit from a 20% discount compared to the monthly price. Annual payment is due in full at the beginning of the subscription period.

3.3 Free plan

The free plan can be used in production without time limit. It includes the mandatory "Powered by ConsentLab" mention on the consent banner. The Provider reserves the right to modify the conditions of the free plan with sixty (60) days' notice.

4. Order and payment

4.1 Payment processor

Payments are processed by Stripe (Stripe Payments Europe, Ltd.), a PCI-DSS certified payment processor. No bank data of the Customer passes through ConsentLab's servers. The Customer is subject to the Stripe Terms of Service.

4.2 Accepted payment methods

Credit card (Visa, Mastercard, American Express) via Stripe.

4.3 Invoicing

Invoices are issued automatically by Stripe and accessible from the Customer's billing portal (accessible from the ConsentLab dashboard). Invoices are issued in electronic format in accordance with Article 289-VII of the French General Tax Code.

4.4 Late payment penalties

In accordance with Article L.441-10 of the French Commercial Code, any late payment automatically results in:

• Late payment penalties at a rate of three (3) times the legal interest rate in force, due the day following the payment date shown on the invoice
• A flat-rate recovery indemnity of forty (40) euros, in accordance with Article D.441-5 of the French Commercial Code

5. Right of withdrawal and trial period

As the Customer acts in a professional (B2B) capacity for the purchase of digital services, the right of withdrawal under Articles L.221-18 et seq. of the French Consumer Code does not apply.

The Customer benefits from a fourteen (14)-day free trial period from their first subscription to a paid plan. During this period, the Customer has access to all features of the chosen plan.

At the end of the trial period, the plan is automatically billed according to the chosen frequency (monthly or annual), unless cancelled by the Customer before the end of the trial period.

6. Term, renewal and cancellation

6.1 Term

The subscription is taken out for a period of one (1) month (monthly billing) or one (1) year (annual billing) from the date of subscription.

6.2 Automatic renewal

The subscription is automatically renewed at the end of each period, unless cancelled by the Customer before the renewal date. A reminder email is sent to the Customer before each renewal.

6.3 Cancellation

The Customer may cancel their subscription at any time from the Stripe billing portal, accessible from the ConsentLab dashboard, or by contacting support@consentlab.eu. Cancellation takes effect at the end of the current subscription period. No prorated refund is made for the remaining period.

In case of cancellation, the Customer retains access to the free plan and to their configuration data. Consent records remain accessible and exportable for thirty (30) days after cancellation.

7. Quotas and overage

7.1 Monthly sessions

Each plan includes a maximum number of monthly sessions. The counter is reset on the 1st of each month at 00:00 UTC.

7.2 Alerts

The Customer receives an email notification when their consumption reaches 80% and then 100% of their monthly quota.

7.3 Auto-scale (optional)

The Customer may enable the "Auto-scale" option from their dashboard. This option allows automatic plan upgrade when the quota is reached, in order to avoid any interruption in the recording of consents. The Customer is notified by email of each plan change.

Activating Auto-scale constitutes the Customer's explicit consent to the increase of their billing in case of quota overage.

7.4 Service continuity

In case of quota overage without the Auto-scale option, the consent banner continues to operate normally. Only the recording of new excess sessions may be suspended. The Provider never shuts down the display of the banner, in line with the Customer's legal obligations regarding the collection of consent.

8. Price changes

The Provider reserves the right to modify its prices. Any price change will be notified to the Customer by email at least thirty (30) days before it comes into effect. The Customer may cancel their subscription without penalty before the new prices apply.

9. Refunds

As the Customer is a professional and benefits from a 14-day free trial, no refund is granted for monthly or annual subscriptions already paid. In exceptional circumstances (proven service unavailability attributable to the Provider beyond the SLA), the Provider may, at its discretion, grant a partial credit on the next invoice.

10. Warranty and service levels

10.1 Availability commitment

The Provider is committed to a Widget availability rate of 99.5% per calendar month, excluding scheduled maintenance and cases of force majeure.

10.2 Regulatory monitoring

The Provider undertakes, as part of a best-effort obligation, to follow legislative and regulatory developments relating to cookie consent (GDPR, ePrivacy Directive, CNIL/EDPB guidelines) and to adapt the Platform within a reasonable time.

11. Limitation of liability

The provisions of Article 6 of the Terms of Userelating to limitation of liability apply. In accordance with Article 1170 of the French Civil Code, the limitations provided for shall not deprive the essential obligation of the Provider of its substance.

12. Force majeure

In accordance with Article 1218 of the French Civil Code, neither the Provider nor the Customer shall be liable for the non-performance of their contractual obligations in cases of force majeure. The following are considered cases of force majeure: natural disasters, widespread Internet outages, governmental decisions, hosting outages, large-scale cyberattacks.

13. Data processing

In the context of providing the Service, the Provider acts as a processor within the meaning of Article 28 of the GDPR for Visitor consent data. The processing conditions are detailed in the Data Processing Agreement (DPA), which forms an integral part of these Terms of Sale.

14. Applicable law and jurisdiction

These Terms of Sale are governed by French law. Any dispute relating to their interpretation or performance will be brought before the competent courts within the jurisdiction of the Provider's registered office (Paris), after an attempt at amicable resolution.

15. Contact

For any question relating to billing or these Terms of Sale: billing@consentlab.eu.