Terms of sale

These terms of sale and use (the "Terms") govern access to the Qwitch service and the subscription to it. Qwitch is published by Techmood SAS, a French simplified joint-stock company (société par actions simplifiée) with a share capital of €30,000, registered under RCS Rouen 932 695 109, whose registered office is at 72 rue de la République, 76140 Le Petit-Quevilly, France, hereinafter "the Publisher". The service is intended for any customer acting for professional purposes, hereinafter "the Customer"; nothing is sold to consumers.

Qwitch is a business-to-business prospecting service. From a target described in one sentence, it delivers lists of decision-maker profiles with the criteria checked and their dated proofs; it provides their professional contact details on request, against credits; it drafts messages that the Customer rereads; and it sends the ones the Customer approves from the Customer's own accounts (mailbox, LinkedIn), never on the Customer's behalf.

Any order implies acceptance of the Terms, which prevail over any document of the Customer. The version in force is the one published on the site on the date of the order. The Publisher may amend it for the future; a change that reduces the Customer's rights is announced by email thirty days before it applies.

• Service: the Qwitch application, accessible online, which finds decision-makers from a sentence, checks the criteria with dated proofs, and helps contact them.
• Workspace: a Customer's workspace, isolated from the others, where its searches, lists and members live.
• Qualified profile: a person delivered in a batch of a search, with the criteria checked on their card. Profiles are counted per month, per Workspace.
• Credit: the unit that counts the contact details looked up on request: one credit per work email found, ten per direct mobile found. Nothing is counted when nothing is found.
• Pack: a batch of credits bought once, on top of the plan's allowance.
• Seat: a named user of a Workspace.
• Billing portal: the payment provider's secure area, opened from the settings, where the Customer manages its card, its invoices and its subscription.

The Customer creates its account online with a work email address, or with its LinkedIn or Google account. It is responsible for keeping its credentials confidential and for any use made from its account. Each Workspace is isolated from the others; the Customer invites its members, chooses their rights and answers for their actions.

A 7-day free trial opens every function of the Service with 25 qualified profiles, 25 work emails and 3 direct mobiles. A payment card is registered with the payment provider when the trial opens; nothing is charged before the 8th day. The Customer may end the trial at any time, in one click, from the billing portal; otherwise the chosen plan starts on the 8th day and the first charge takes place that day. Only one trial is opened per Customer.

Three plans are offered, monthly or yearly, with the following monthly allowances:

• Solo: 250 qualified profiles, 250 work emails or 30 direct mobiles (one shared pool of credits), 1 seat.
• Pro: 600 qualified profiles, 600 work emails or 80 direct mobiles (one shared pool of credits), 1 seat.
• Équipe: 1,000 qualified profiles, 1,000 work emails or 150 direct mobiles (one shared pool of credits), 3 seats included, extra seat €49 excl. VAT a month.

Unused profiles carry over to the next month, up to two months of allowance (500 on Solo, 1,200 on Pro, 2,000 on Équipe), as long as the subscription is active. Allowances belong to the Workspace: on an Équipe plan they are shared among its members.

The contact credits included in the plan are valid for the current month and do not carry over. A credit is only spent when a contact detail is found.

On top of its allowance, a Customer on a paid plan may buy packs of credits, paid once and invoiced: 50 mobiles or 500 emails (500 credits) for €39 excl. VAT; 100 mobiles or 1,000 emails (1,000 credits) for €69 excl. VAT; 250 mobiles or 2,500 emails (2,500 credits) for €149 excl. VAT. The credits of a pack are spent after the month's allowance and do not expire as long as the subscription is active; they are neither refunded nor convertible into money. Pack prices are those of the pricing page on the date of purchase.

The functions each plan opens (export, push to a CRM, MCP server, shared workspace, shared pool, collision alerts, list sharing, extra seats) are those described on the pricing page on the date of the order. The Customer may move to a higher plan at any time; a move to a lower plan takes effect at the next renewal.

Prices are those of the pricing page on the date of the order, in euros excluding VAT. As of these Terms: Solo €99 a month or €990 a year, Pro €189 a month or €1,890 a year, Équipe €299 a month or €2,990 a year; extra seat on Équipe €49 a month or €490 a year. The yearly subscription is worth ten months.

The applicable VAT is computed by the payment provider from the Customer's country and its intra-community VAT number: French VAT for a Customer established in France, reverse charge for a taxable person established in another Member State, exemption outside the European Union. An invoice is issued at each renewal and at each pack purchase; it remains downloadable from the billing portal.

The Publisher may revise its prices; a new price applies at the next renewal, after thirty days' notice by email. A Customer who refuses it cancels before that renewal.

Payment is charged in advance to the registered card, at each renewal, by the secure payment provider named in the privacy policy. The Publisher keeps no card number.

If a charge fails, the Customer is informed by email and updates its payment method from the billing portal; the Service stays open while the charge is retried. If the payment does not go through, the subscription is cancelled and the Workspace becomes read-only: lists remain readable, searches, contact details and sends are suspended until a new plan is taken.

Any sum unpaid at its due date bears, by operation of law and without formal notice, late-payment interest at three times the French legal interest rate, plus a fixed recovery fee of €40 (articles L. 441-10 and D. 441-5 of the French Commercial Code), without prejudice to further compensation on evidence.

The monthly subscription renews every month, the yearly subscription every year, by tacit renewal, until cancelled.

The Customer cancels in one click from the billing portal, reached from its settings, at any time and without giving a reason. Cancellation takes effect at the end of the paid period; the current period is not refunded. The Customer may export its lists and notes until that date.

The Publisher may suspend or terminate an account in case of a serious breach of the Terms, in particular a use contrary to article 8, after a formal notice by email left without effect for eight days; without notice in an emergency: unsolicited mass sending, threat to the security of the Service, unlawful use. Sums paid remain acquired.

When a Workspace is closed, its data is deleted or anonymised within 90 days, except accounting records and opt-outs, kept as the privacy policy says.

The Customer uses the Service for its own business-to-business prospecting, in compliance with the General Data Protection Regulation, the French Data Protection Act, the French Postal and Electronic Communications Code and the terms of the services it connects. It undertakes to:

• contact people only in the context of their role, for an offer related to that role, introducing itself clearly and offering a simple way to stop being contacted;
• honour any refusal as soon as it is received and mark the person "do not contact" in its Workspace; the opt-outs received by the Publisher bind the Customer and are enforced by the Service, including right before a send;
• send no mass or unsolicited messages: sends are made one prospect at a time, from the Customer's accounts, within a limit, per connected account and per day, of 20 invitations and 50 LinkedIn messages and 50 emails; the Publisher may lower these limits to protect the Customer or the Service;
• reread every message drafted by the Service before sending it: the Service drafts, the Customer sends and answers for it;
• not resell, publish or make available to third parties the data provided by the Service, outside its own Workspace, nor use it to build a database for other purposes;
• not circumvent the allowances, the credits or the technical limits of the Service, nor query it by automated means outside the intended interfaces (the API and the MCP server of its plan);
• use the third-party accounts it connects (LinkedIn, mailbox, CRM) only in compliance with the terms of those services, which it acknowledges having read.

The Publisher is not a party to the exchanges between the Customer and its prospects and does not check the content of the messages sent.

Prospect data is professional data: name, role, employer, public professional profile, professional contact details. It comes from professional databases and public registers, from what companies publish and from the public activity of people's LinkedIn profiles. Its processing rests on the legitimate interest in business-to-business prospecting, limited to people contacted in the context of their role, with a simple and definitive right to object.

For the data of its users and for the prospect data it builds in its Workspace (searches, lists, notes, messages), the Customer is the controller and the Publisher the processor. For its own databases, for the opt-outs and for the operation of the Service, the Publisher is the controller. The Customer informs the people it contacts, from the first message, of the origin of their data and of their right to object; the messages drafted by the Service help with this.

This article serves as the data processing agreement within the meaning of article 28 of the General Data Protection Regulation. The Publisher processes the Workspace's data only on the Customer's instructions, to provide the Service; ensures the confidentiality of the persons authorised to access it; applies the security measures described in the privacy policy; uses only the sub-processors named there and informs the Customer of any change, which the Customer may object to by cancelling; assists the Customer in answering data subjects' requests and in meeting its security obligations; notifies the Customer of any data breach without undue delay; deletes or anonymises the Workspace's data within 90 days of its closure, except legal obligations; and makes available the information that demonstrates these commitments.

Any opt-out received by Qwitch is global and permanent: the person no longer shows up in any Workspace, any batch, any export, and is no longer suggested for a follow-up. The details of the data, the retention periods and the rights are in the privacy policy.

The Service, its name "Qwitch", its trademarks, its logo, its code, its models and its interfaces remain the property of the Publisher or its successors in title. The Customer receives a personal, non-exclusive and non-transferable right of use for the duration of the subscription.

The notes, lists and tags the Customer enters belong to the Customer, who may export them at any time. The data coming from the Publisher's databases remains the property of the Publisher or its suppliers and is licensed for the use provided for in article 8.

The Service is hosted by Amazon Web Services EMEA SARL in the European Union (eu-west-1 region, Ireland). The Publisher endeavours to keep the Service accessible at all times, with no guaranteed availability figure. The state of the services is published on the "Service status" page. Maintenance interruptions are announced when they are planned.

The Publisher develops the Service; a function included in the Customer's plan that would be withdrawn is announced to the Customer thirty days in advance.

Support is provided by email at pierre@techmood.io, on working days.

The Service provides information drawn from professional databases, public registers and what companies publish, with its source and its date. The Publisher guarantees neither the completeness of this information, nor the validity of a number or an address, nor the commercial outcome of a prospecting campaign.

The Publisher's liability, on any ground, is limited to direct damages and capped at the sums actually paid by the Customer for the twelve months preceding the event giving rise to it. Indirect damages are excluded: loss of revenue, customers or reputation, loss of data entered by the Customer without export.

The Customer remains solely responsible for the use it makes of the data and of the messages sent, and holds the Publisher harmless against any third-party claim arising from that use. Nothing limits the Publisher's liability in case of gross negligence or wilful misconduct, nor where the law forbids it. Neither party is liable for a failure due to force majeure within the meaning of article 1218 of the French Civil Code.

The Terms are governed by French law. In case of a dispute, the parties first seek an amicable solution: the first to act notifies the other in writing, and the parties confer within thirty days. Failing agreement within that period, the dispute is brought before the competent courts of Rouen, France, including for interim relief and notwithstanding several defendants or third-party proceedings.