Terms and Conditions of Sale

1 - Purpose

These general terms and conditions are intended to define the terms and conditions for the provision of the services (hereinafter the "Services") accessible on the website www.up-review.co/fr directly from an internet browser, as well as the rights and obligations of the parties in this context.

This Service is provided by Up Review, SARL, registered in Montpellier under RCS number 978 486 694, with a share capital of 1,000 €, located at 955, Avenue de l'Agau, 34970 LATTES, hereinafter referred to as "Up Review". The member agrees to read and accept these terms without reservation upon first using the services.

SARL UP REVIEW

SIRET: 97848669400018

Address: 955 Avenue de l'Agau, 34970 LATTES

Phone: 07 44 09 21 04

Email: contact@upreview.fr

2 - Access to the Services

The Services are accessible to:

Any natural person with full legal capacity to enter into commitments under these general terms and conditions. A natural person who does not have full legal capacity may only access the Services with the consent of their legal representative.
Any legal entity acting through a natural person with the legal capacity to contract in the name of and on behalf of the legal entity. The services are free of charge for members.

3 - Description of the Service

Up Review enables businesses to (non-exhaustive list):

Create and customize QR codes
Create and customize mini websites
Create and customize contests and sweepstakes
Create and customize communication materials
Print and order communication materials
Access statistics

These features shall be referred to as the "Features".

4 - Acceptance of the General Terms and Conditions

Acceptance of these general terms and conditions is evidenced by registration and first use of the Up Review services. This acceptance can only be full and unconditional. Any qualified or conditional acceptance shall be considered null and void. The Member who does not agree to be bound by these general terms and conditions must not access the Services.

5 - Information Provided

The Member warrants that all information provided in the registration form is accurate, up to date and truthful, and contains no misleading elements. The Member certifies that they are over 18 years of age at the time of registration, or are acting as the legal representative of a minor under the age of 18. The Member is informed and accepts that the information entered for the purposes of creating or updating their Account serves as proof of their identity. Information entered by the Member is binding as soon as it is validated. Up Review cannot under any circumstances be held liable for information communicated by the Member that may be erroneous or fraudulent.

6 - Intellectual Property

Up Review holds all intellectual property rights and copyright in the upreview.fr platform. Any reproduction or use of the platform without the prior written authorization of Up Review is strictly prohibited.

Up Review undertakes not to use the brand colors/images of any partner using the platform outside of the upreview.fr service. However, Up Review reserves the right to communicate about clients using the platform in order to promote the Up Review brand image.

7 - Adjustable Pricing

Up Review's pricing may be adjusted at any time, without affecting contracts already in place. If a pricing change applies at the end of a commitment period, the client will be informed of the pricing changes at least 30 days before they take effect.

8 - Protection of Client Data

Up Review undertakes to protect its clients' data in accordance with applicable rules, in particular the General Data Protection Regulation (GDPR). Client data will only be used in connection with the provision of Up Review's services and will never be sold to third parties.

9 - Plans, Free Trial, Subscription, Automatic Renewal and Termination

9.1 Plans

Users may choose from several subscription plans:

Basic
Starter
Business

These plans are available on a monthly, quarterly or annual subscription basis. Discounts apply depending on the length of the subscription. See the pricing page for more information.

9.2 Free Trial

A 7-day free trial is offered on the Starter and Business plans. Once the 7 days have elapsed, the services and work carried out on the platform will be blocked until the user subscribes to a plan.

9.3 Subscription

Users may subscribe to paid plans: Starter or Business.

9.4 Automatic Renewal

If the client does not indicate their intention to stop their subscription before the end of their commitment period, payments will continue to be collected automatically, with no price increase compared to the initial rate.

9.5 Termination

Users may cancel at any time from their account on the up-review.co website.

10 - Right of Withdrawal and Non-Applicability of Refunds

In accordance with Article L. 221-28 of the Code de la consommation, our SaaS services are not eligible for the 14-day right of withdrawal from the date of subscription. Consequently, once the service has been subscribed to and activated, no refund request will be accepted.

We encourage you to evaluate our services, features and terms before making a purchase. If you have any questions or concerns regarding our SaaS service, please do not hesitate to contact us for further clarification.

11 - Payment Failure

In the event of payment failure, Up Review cannot be held liable. The client is invited to contact their bank or Up Review's technical support to resolve the payment issue.

In the event of problems with direct debits or payments, access to the platform will be suspended until the situation returns to normal.

Printing

Up Review is not responsible for issues related to the printing of communication materials. It is the Member's responsibility to ensure that all images and other graphic elements are of sufficient quality for printing. Clients are invited to contact Up Review's technical support for any request at: contact@upreview.fr

Delivery

Up Review is not responsible for issues related to the delivery of physical materials. However, the company does everything possible with its suppliers to resolve these issues. Clients are invited to contact Up Review's technical support for any request at: contact@upreview.fr

13 - Access to the Platform

Up Review undertakes to provide access to the platform following registration and purchase of a subscription. Access to the platform may be suspended in the event of non-payment or failure to comply with these Terms and Conditions of Sale.

14 - Liability for Prizes Offered by Members

Up Review is not responsible for the creation and configuration of prizes on the platform. Up Review is also not responsible for gifts, odds, or the inability of Members to provide prizes to end users.

Clients are invited to contact Up Review's technical support for any request.

End users are invited to contact the Members for any request.

15 - Technical Support Response

Up Review's technical support will make every effort to respond to requests as effectively and as quickly as possible, without any obligation of result.

Technical support can be reached at the following email address: contact@upreview.fr

16 - Interaction with End Users

Up Review cannot, under any circumstances, interact with end users of the platform, who are not Up Review's clients but users of the platform.

17 - Plan Commitment

For as long as the plan commitment period is in progress, the client must pay for the service. There is no possibility of terminating the subscription contract before the end of the commitment period.

18 - Platform Maintenance

The platform may undergo maintenance and may contain errors. No compensation will be possible, but Up Review will make every effort to resolve the issue as quickly as possible. Up Review undertakes to notify its clients in the event of prolonged maintenance on the site.

19 - Protection of Client and End User Data

Up Review undertakes not to sell the data of its clients and end users. Client and user data will only be used in connection with the provision of Up Review's services and will never be sold to third parties.

20 - Prohibited Conduct

The Member agrees not to make any fraudulent, misappropriated or malicious use of the Up Review program, failing which the Member may be excluded from the Up Review program. It is strictly prohibited to use the Services for the following purposes:

Engaging in illegal activities or activities that infringe the rights of third parties
Breaching public order or violating applicable laws and regulations
Assisting or encouraging, in any form or manner whatsoever, illegal activities, breaches of public order, violations of applicable laws and regulations, or infringement of the rights of third parties
Intrusion into the computer system of a third party
Sending unsolicited emails and/or engaging in commercial prospecting or solicitation
And more generally, any practice diverting the Services for purposes other than those for which they were designed

The following are also strictly prohibited: any conduct likely to interrupt, suspend, slow down or prevent the continuity of the Services; any intrusion or attempted intrusion into Up Review's systems; and any breach of security or authentication measures. It is strictly prohibited to charge for, sell or transfer all or part of access to the Services.

21 - Data Provided by the Platform

Results, data and statistics provided on the platform may vary, and Up Review does not guarantee the accuracy of this data, in particular the number of Google reviews collected through the platform. This figure is an estimate based on an average response rate according to the number of participations. Google's APIs do not allow information to be collected in real time.

22 - Changes to the Terms and Conditions of Sale and Terms of Service

Up Review's Terms and Conditions of Sale may change from time to time without these changes being systematically communicated to clients. However, they will be available to view at any time on the website www.upreview.co

23 - Disputes and Competent Jurisdiction

Any dispute relating to these Terms and Conditions of Sale, the use of our services, or the contractual relationship between the user and Up Review, shall be subject to the exclusive jurisdiction of the Montpellier Court, France, unless otherwise provided by law.

24 - Data Protection (Informatique et Libertés)

Pursuant to Law No. 78-17 of 6 January 1978, it is noted that the personal data requested from the Client are, in particular, necessary for the performance of the Service. This data may be disclosed to any partners of the Seller responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the website has been declared to the CNIL (Commission nationale de l'informatique et des libertés).

In accordance with applicable national and European regulations, the Client has a permanent right of access, modification, rectification and objection with regard to information concerning them. This right may be exercised by writing, by post, providing proof of identity, to:

Company: Up Review