Terms of use for integrators provided by Ankorstore

Ankorstore provides its Brands with several integrators, allowing them to interface their Ankorstore account with those they may have created on third-party solutions provided by other publishers (such as Shopify, Odoo, Woocommerce, Sellesy...) (the "Integrators"). For more information on the available integrations offered by Ankorstore, consult this page: 📄 Integrate your store with plug and play connectors or Ankorstore’s API.

These terms of use (the "Terms") apply between Ankorstore SAS, 101 rue de Sèvres, 75006 Paris, and any user with an Ankorstore account who has downloaded one or more Integrators (the "User").

The Terms prevail over any other document, whether brought to the attention of Ankorstore or not, and define the conditions under which Ankorstore makes the Integrators available. Downloading an Integrator constitutes full acceptance of the Terms. In case of disagreement with the Terms, the User agrees not to use the Integrators.

These Terms are an integral part of the applicable Ankorstore T&Cs. Ankorstore reserves the right to modify the Terms at any time without notice, so it is the User's responsibility to regularly consult them.

License of use

Ankorstore grants the User a license to use the Integrators for the duration of the validity of the Ankorstore T&Cs. This license is granted on a personal, non-transferable, non-exclusive basis. The User is informed that upon termination of the Ankorstore T&Cs for any reason, the aforementioned license will automatically terminate, without further formality.

The Integrator is made available to the User solely for the purpose of interfacing their Ankorstore account with the accounts they have with the relevant third-party solutions, to the exclusion of any other purpose. The User agrees not to use the Integrators for any purpose not provided for in the Terms, including but not limited to any circumvention of technical restrictions, decompilation, disassembly, translation, modification, adaptation, arrangement, correction, or commercialization. Any reproduction of the Integrator other than for the purpose of creating a backup copy is expressly prohibited.

The Integrators are protected, in particular, by intellectual property rights and remain at all times the property of Ankorstore. The Terms do not confer any ownership rights to the User over the Integrators. The provision of the Integrators under the conditions set out in the Terms shall not be construed as the transfer of any intellectual property rights to the User, within the meaning of the intellectual property code. Ankorstore is and remains the owner of the intellectual property rights relating to any element of the Integrators made available to the User, including in cases where Ankorstore has integrated developments suggested by the User.

The User agrees not to make all or part of the Integrators available to any third party. They undertake not to reconstruct or attempt to reconstruct a tool aimed at offering, directly or indirectly, free of charge or for a fee, the same or comparable services to any third parties.

Guarantees

The Integrators are provided to Users "as is" and without any warranty of any kind. Ankorstore does not warrant that the Integrators will meet the User's needs, even if they have been brought to Ankorstore's attention. The User is solely responsible for the use they make of the Integrator, for their exclusive professional needs. Ankorstore does not guarantee that the Integrators will function correctly in any computer environment, nor that their operation will be uninterrupted or error-free.

Availability, updates, corrections, and maintenance

Ankorstore endeavors to maintain the availability of the Integrators and to ensure their proper functioning. However, Ankorstore is only subject in this respect to a best efforts obligation. Users are informed that the Integrators may experience interruptions, particularly for maintenance, updates, security, or other reasons, without this engaging Ankorstore's liability. Ankorstore reserves the right to make any modification or correction it deems appropriate to the Integrators at any time. Ankorstore will make its best efforts to inform the User in advance, particularly in the event of resulting unavailability, without its liability being incurred in any event.

Ankorstore will make its best commercially reasonable efforts to provide Users with updates incorporating the necessary fixes as they become available.

Responsibility

The User is aware of the limitations of the internet network, necessary for the use of the Integrators. Consequently, the User accepts that Ankorstore's liability cannot be incurred in the event of data transmission errors or diversion, such as external intrusion or the presence of computer viruses. In the event of data loss for any reason, Ankorstore cannot be held responsible. It is the User's responsibility to ensure, in particular, the proper backup of their data and the security of their IT infrastructure in accordance with best practices.

Ankorstore cannot be held liable to the User or any other person for any damage directly or indirectly arising from the use of the Integrator, or from access to or inability to access it. The User assumes all risks directly and indirectly arising from their use of the Integrator.

Ankorstore may terminate the availability of one or more Integrators, including support, at any time, without its liability being incurred.

Under no circumstances shall Ankorstore's liability be incurred for indirect damages such as loss of profits, loss, inaccuracy, or corruption of files or data, commercial prejudice, any business disturbance, loss of turnover, margin or profit, loss of customers, loss of opportunity, loss of orders, cost of obtaining a product, service, or substitute technology, in connection with or arising from the non-performance or faulty performance of the services subject to the Terms. In any event, Ankorstore's liability shall not exceed the sum of €500.

Third-party sites

Integrators are intended to allow the User to interface their Ankorstore account with other third-party solutions. Ankorstore assumes no responsibility for the content offered by these third-party solutions and disclaims any liability arising from the products or services provided by these third parties.

Support

Ankorstore provides Users with support for Integrators. This support, available via 📄 Contact form, is open to any User with an Ankorstore account. Ankorstore will make its best efforts to respond to Users' requests as soon as possible. The support provides Users with advice, recommendations, and information regarding the use of Integrators during business hours, namely Monday to Friday from 9 am to 7 pm, excluding public holidays in France. The support is limited to providing functional advice regarding the Integrators and does not aim to provide organizational, accounting, or administrative assistance, or even assistance regarding the third-party solutions with which the Integrators interface.

Ankorstore undertakes, as a best efforts obligation, to provide the most appropriate advice to help the User resolve any problems encountered in the use or operation of the Integrators, but Ankorstore does not guarantee problem resolution. Any obligation to achieve a result is expressly excluded.

Any support is expressly excluded in the following cases:

• Non-compliant use of the Integrators;

• Unauthorized modification of the Integrators by the User or by a third party;

• User's failure to comply with their obligations under the Terms or the Ankorstore T&Cs;

• Combined use of the Integrators with any incompatible software, programs, or operating system;

• Failure of electronic communication networks;

• Intentional act of degradation, malice, sabotage;

• Deterioration due to force majeure.

Guarantees and ownership of elements transmitted by the User

The User is solely responsible for the quality, legality, and relevance of the data and content they transmit via the Integrator from their Ankorstore account and to the third-party solutions with which the relevant Integrator interfaces (and vice versa). Ankorstore, as a mere technical service provider, is not required and will not exercise any adequacy control over them.

In addition, the User irrevocably guarantees that they hold the intellectual property rights allowing them to use, exploit, and communicate the transmitted data and content, as well as any updates thereto. If the User is not the holder of said rights, the User guarantees Ankorstore that they have ensured that they have all the necessary authorizations and rights for the exploitation of said content and data through the Integrator. The User thereby authorizes Ankorstore to use this data and content in accordance with the Terms. Consequently, Ankorstore shall be released from any liability in the event of non-compliance of the data and/or content with laws and regulations, public order, or the policies of third-party solution publishers. The User irrevocably guarantees Ankorstore, upon first request, against any damage resulting from their involvement by any third party whatsoever for a breach of this warranty.

The User undertakes to provide Ankorstore with all the data and content necessary for the operation of the Integrator and to update it as often as necessary. If a third party informs Ankorstore that all or part of the data or content infringes its rights, or does not comply with laws or regulations, Ankorstore may take any useful measure to put an end to the infringement, without the User being able to oppose it and/or engage Ankorstore's liability.

Personal data

In accordance with Ankorstore's privacy policy, Ankorstore acts as a data controller for the following data:

• Personal data of the User

• Personal data of the User's (retailers') customers: once this data is transmitted to the Users, the User acts as a separate data controller.

By choosing to use the Integrator to interface their Ankorstore account with a third-party solution, the User is informed that they are transmitting their customers' personal data to the publishers of the third-party solutions. It is the User's responsibility in this context to fulfill all their obligations as a data controller, including informing the individuals concerned, respecting their rights, and protecting their data.

The following personal data may be transmitted to the publishers of third-party solutions via the Integrators:

• Retailer's name and surname

• Retailer's email and phone number

• Retailer's delivery and/or billing address

• Order content (Products)

• Information regarding the Retailer's order placement (date, time...)

• Total amount of the order

General provisions

If any provision of the Terms is found to be null and void under a rule of law in force or a final judicial decision, it shall be deemed unwritten, without, however, invalidating the Terms or affecting the validity of its other provisions.

The fact that Ankorstore does not assert the application of a clause of the Terms cannot be interpreted as a waiver of the rights arising from said clause.

In the event of the User's failure to comply with any of their obligations under the Terms or the Ankorstore T&Cs, Ankorstore may automatically terminate the Terms and/or the Ankorstore T&Cs with immediate effect, without prejudice to any damages to which it may be entitled. The User agrees to cease using the Integrators immediately.

The Terms are subject to French law. In the event of a dispute arising from the interpretation or performance of the Terms, the Parties undertake first and foremost to seek an amicable solution. If such a solution cannot be reached, the dispute shall be under the exclusive jurisdiction of the Commercial Court of Paris, even in the event of multiple defendants, summary proceedings, or third-party proceedings.

Applicable version April 2024