General terms and conditions of sale and use

These terms govern the use of Phosphor. By installing the app or creating an account, you accept them.

1. Publisher

Phosphor is published by Léo Ledenvic, sole proprietor (micro-enterprise), 14 avenue de Couely, 44630 Plessé, France, hereinafter "we".

2. Purpose of the service

Phosphor is online software that handles customer support for a Shopify store: a public support page, order tracking, and an artificial intelligence that reads orders to answer customers in the merchant's voice.

The service is intended exclusively for professionals acting in the course of their business activity.

3. Account and access

Access requires an account (email and one-time code, or Google login) and the installation of the app on a Shopify store. You are responsible for access to your account and for the actions carried out from it.

4. Plans and prices

The plan is determined by the store's order volume. The price is the same number in both currencies: it is billed in euros when the store's Shopify billing currency is the euro, and in US dollars in all other cases. Prices exclude taxes where applicable:

How the volume is measured. Every night, Phosphor counts the orders created on the Shopify store over the last thirty (30) days on a rolling basis, excluding test orders and canceled orders. This number, and this number alone, determines the required plan. No limit applies to the number of requests handled by the artificial intelligence.

If the store goes over its plan's volume. When the measured volume exceeds the volume covered by the plan, the merchant is informed by email and in the app, and has seven (7) days to subscribe to a higher plan. Failing that, the service is suspended: the artificial intelligence stops handling requests, the support page offers order tracking only, and tickets remain available in read-only mode. Subscribing to a sufficient plan restores the service immediately. Nothing is billed for going over the plan's volume and no data is deleted as a result of a suspension. Beyond the volume of the largest plan, no automatic suspension takes place: a custom plan is offered.

Annual billing comes with a 20% discount on twelve months at the monthly price and is paid in a single payment. The annual prices are 182.40 (Essential), 374.40 (Growth), and 950.40 (Scale), in euros or in US dollars according to the same rule.

5. Free trial

Paid plans include a 14-day trial, once per store. No amount is due if the subscription is canceled before the end of this period. The Free plan can be used with no time limit, within the limit of its monthly volume.

6. Payment

Subscriptions are taken out and billed by Shopify, through its app billing system. The amounts are collected by Shopify according to the terms of the merchant account, on a monthly or annual basis. We have no access to any banking data.

7. Term and cancellation

The subscription has no minimum term. You can cancel it at any time from the app or by uninstalling the app: the cancellation takes effect immediately and no renewal takes place. Periods already paid for are not refunded on a pro rata basis. Uninstalling the app causes the support page to disappear immediately and the store's data to be deleted within 48 hours (see the privacy policy); cancellation alone returns the account to the Free plan, whose volume rules then apply.

We may suspend or terminate an account in the event of use contrary to these terms, non-payment, or clearly abusive use of the service, after prior notice except in an emergency.

Right of withdrawal. As the service is intended for professionals, the fourteen-day right of withdrawal provided for consumers does not apply. The free trial takes its place.

8. Merchant's commitments

• To use the service in compliance with the law, in particular as regards data protection and consumer law.
• To check and take responsibility for the replies sent to its customers: the merchant remains solely responsible for its customer relationship and its commercial commitments.
• Not to circumvent the technical limits of the service, or attempt to access the data of another store.
• To use the service for the customer support of its own store, in volumes consistent with its activity: the absence of a ticket limit assumes reasonable use. Clearly abusive use (fake requests, mass automation) may lead to a suspension after notice.

9. How the artificial intelligence works

The AI writes and sends replies based on order data, the catalog and the rules defined by the merchant. Despite our safeguards, an automatically generated reply may be inaccurate or unsuitable. The merchant can switch each category of request back to manual approval at any time.

No refund is granted by the AI. The artificial intelligence can neither decide on nor trigger a refund or a cancellation: every financial decision belongs to the merchant. When the merchant decides on a refund, it can be carried out in one click from Phosphor (the execution is then logged) or directly in Shopify.

Only one write action is possible, if the merchant turns it on. The "address correction" option (off by default) allows the AI to correct the shipping address of an unshipped order, at the customer's request, with no change of country. Each correction is logged in the ticket's history. Apart from this option and the refund or the cancellation triggered by the merchant, the permissions used are read-only.

10. Availability

We make reasonable efforts to keep the service available, without guaranteeing a total absence of interruption. Interruptions may occur for maintenance, or because of third-party providers (Shopify, hosting provider, AI provider). No service level agreement (SLA) is in place to date.

11. Liability

Our liability is limited to direct and foreseeable damage, and capped at the amounts actually paid for the subscription during the twelve months preceding the event giving rise to the liability. Indirect damage is excluded, in particular loss of revenue, customers or reputation.

These limitations do not apply in the event of gross negligence, willful misconduct, or bodily injury.

12. Personal data

Data processing is described in the privacy policy, which forms an integral part of these terms. For end customers' data, we act as the merchant's processor, within the meaning of Article 28 of the GDPR.

13. Intellectual property

The software, its interfaces and its brand remain our property. The subscription grants a personal, non-exclusive and non-transferable right of use, for the duration of the subscription. The merchant's content (rules, texts, data) remains the merchant's property.

14. Changes to the terms

These terms may change. Notice of any material change, in particular to prices, will be given by email at least 30 days before it takes effect. Continued use constitutes acceptance; otherwise, the merchant may cancel at no cost.

15. Governing law and disputes

These terms are governed by French law. In the event of a disagreement, the parties will seek an amicable solution by writing to ledenvicl@gmail.com. Failing agreement, the dispute will be brought before the competent courts, in accordance with the ordinary legal rules applicable in commercial matters.