General Terms and Conditions of Sale and Use (GTC/GTCU)

Article 1 – Purpose

These General Terms and Conditions of Sale and Use (hereinafter "GTC") are intended to define the terms and conditions under which UPPER Inc., a simplified joint stock company (SAS) registered in France, whose registered office is located at 26 chemin de la Chesneraie, 69126 Brindas, (hereinafter "the Company"), makes available to users (hereinafter "Users" or "Client") its SEO optimization application for Shopify stores (hereinafter "the Application").

Article 2 – Services offered

The Application enables, through artificial intelligence technologies, to automatically analyze and optimize Shopify stores in order to improve their visibility on search engines.

Two plans are available:

• Freemium Plan: free, including one analysis and optimization of one (1) page per account.
• Premium Plan: monthly subscription at the price of €70 excluding tax, billed through Shopify Billing.

Article 3 – Financial conditions

3.1. The Premium subscription is billed monthly and paid exclusively through the Shopify Billing system.

3.2. The applicable rates are those in effect on the day of subscription. The Company reserves the right to modify its rates, subject to prior notification to Users.

3.3. Amounts already paid are non-refundable.

Article 4 – Duration and termination

4.1. The subscription is entered into without commitment as to duration and may be terminated at any time by the Client through their Shopify account.

4.2. Any termination must occur before the monthly renewal date to avoid billing for the following month.

4.3. No refund will be made for the period already started.

Article 5 – Client obligations

The Client undertakes to provide accurate, complete and up-to-date information necessary for the proper functioning of the Application, in particular the data of their Shopify store.

The Client remains solely responsible for the use of the Application and the results obtained.

Article 6 – Company liability

6.1. The Company implements all reasonable means to ensure the proper functioning of the Application.

6.2. The Company guarantees a positive evolution of natural referencing, without however being able to commit to quantified results, these depending on many external factors (search engines, competition, Client content, etc.).

6.3. In case of malfunction or proven damage attributable to the Company, its liability will be strictly limited to the amount paid by the Client for the subscription of the last month.

Article 7 – Personal data

The Company collects and processes personal data (name, email address, store-related information, as well as technical data necessary for the functioning of the Application).

The processing of this data is governed by a separate Privacy Policy, in accordance with the General Data Protection Regulation (GDPR).

Article 8 – Support and assistance

The Company provides customer support accessible by email 24/7. Requests received are processed within a maximum of 24 hours.

Article 9 – Modification of GTC

The Company reserves the right to modify these GTC at any time. Users will be informed by any useful means, in particular via Shopify or by email.

Continued use of the Application after notification constitutes acceptance of the new GTC.

Article 10 – Applicable law and competent jurisdiction

These GTC are subject to French law.

Any dispute relating to their interpretation, validity and/or execution falls under the exclusive jurisdiction of the courts of Lyon.