Terms of Sale

Article 1. Service publisher

The Priorlead service is published by:

• Noventik SAS, a simplified joint-stock company (société par actions simplifiée) with share capital of €1,000;
• registered office: 8 place Antonin Poncet, 69002 Lyon, France;
• registered with the Lyon Trade and Companies Register (RCS) under number 945 090 736 (SIRET 945 090 736 00014);
• EU VAT number: FR50 945 090 736;
• represented by Lucas Fabre, President;
• contact: [email protected].

Hereinafter “the Publisher”.

Article 2. Scope and service reserved for professionals

2.1. These general terms and conditions of sale (the “Terms”) govern access to and use of the Priorlead service, whether free or paid. They apply to the exclusion of all other terms and conditions, in particular the Customer’s purchasing conditions, unless otherwise agreed in writing and signed by the Publisher.

2.2. The service is intended exclusively for professionals: natural or legal persons acting for purposes within the scope of their commercial, industrial, craft, liberal or agricultural activity. By signing up, the Customer declares that they are acting as a professional by ticking the box provided for in Clause 2.4.

2.3. As the Customer is a professional, the provisions of the French Consumer Code (Code de la consommation) that are specific to consumers, in particular the fourteen-day right of withdrawal, do not apply.

2.4. The Customer accepts these Terms by ticking, at sign-up, the box that is not pre-ticked: “I am acting in a professional capacity and I accept the general terms and conditions of sale”. The same box is presented to any member who accepts an invitation from a Plan Owner to join their team. The acceptance is time-stamped and recorded together with the version of the Terms accepted. When a paid plan is subscribed to, a reminder of the acceptance of the Terms is displayed before payment.

2.5. A Customer who wrongly declares that they are acting in a professional capacity is solely responsible for the consequences of that declaration. The Publisher may then suspend or terminate their account under the conditions of Article 19.

Article 3. Definitions

• Service: the Priorlead online service, available on the Publisher’s website, which reports trademarks newly filed in the EU trademark register in the niche chosen by the Customer, classifies them and, depending on the Plan, provides the contact details of the applicant company.
• Customer: the professional who creates an account, whether on a free or a paid plan.
• User: the designated natural person who signs in to the Service with an account. On the Team plan, the plan owner and each invited member are Users.
• Account: a User’s personal access, protected by a login and a password.
• Plan: the level of service subscribed to: Discovery, Pro or Team (Article 4).
• Plan Owner: the Customer who subscribes to the Team plan and manages the seats of their team.
• Seat: a User’s right of access to the Team plan.
• Data: the information made available by the Service (Article 13).
• Period: the monthly billing period of a paid plan, starting on the subscription date.

Article 4. Description of the Service and of the plans

4.1. The Service reads the EU trademark register every two hours, selects the filings that fall within the Customer’s niche, classifies them and presents them in a feed.

4.2. Three plans are offered:

4.3. No free trial period of a paid plan is offered. The Discovery plan allows the Service to be assessed before subscribing.

4.4. The detailed content of the plans is described on the website on the date of subscription. The Publisher may change the features under the conditions of Article 20.

4.5. Discovery plan: the filings of the previous calendar month are ranked by the completeness of the available information (contact details of the company, verified website, applicant being a company, classes covered), after excluding marketplaces and pharmaceutical laboratories; the first ten are displayed until the end of the current month. The list is renewed on the 1st of each month.

Article 5. Account and personal use

5.1. Creating an account requires a valid email address, confirmed through the link sent by the Publisher. The Customer guarantees that the information provided is accurate.

5.2. An account is personal: it is assigned to a designated natural person and may not be shared, lent or transferred. It may be open on no more than two devices at the same time; opening a session on a third device automatically closes the oldest session.

5.3. To work with several people, the Customer subscribes to the Team plan. The Plan Owner invites the members of their team from their account area; each member has their own personal account, subject to Clause 5.2. The Team plan includes 3 seats; the Plan Owner may add additional seats at €60 per month per seat, or remove seats, from their account area, without going below the number of occupied seats. A seat added or removed during a Period gives rise to a prorated adjustment on the next invoice.

5.4. Team members do not manage the subscription: subscribing, changing plans and terminating are the sole responsibility of the Plan Owner. A member removed from the team keeps an account on the Discovery plan.

5.5. The Customer is responsible for keeping their login credentials confidential and for any use of their account. They must inform the Publisher without delay of any unauthorized use.

5.6. The Publisher may detect manifestly shared use (an unusual number of IP addresses or countries of sign-in over a short period). It may then, after a warning by email, offer the Team plan or apply Article 19.

Article 6. Price and VAT

6.1. Prices are expressed in euros, net of tax: Pro €89 per month; Team €290 per month for 3 seats; additional Team seat €60 per month. Discovery is free. The price paid is the price displayed.

6.2. VAT not applicable, Article 293 B of the French Tax Code (CGI). The Publisher benefits from the VAT exemption for small businesses (franchise en base de TVA): no VAT is charged and invoices bear this statement. The Customer may enter their VAT number at payment so that it appears on the invoice; the Publisher does not issue reverse-charge invoices.

6.3. The applicable prices are those displayed on the website on the date of subscription, subject to Article 12.

Article 7. Payment

7.1. Payment is made by bank card or any other means offered, through the payment service provider Stripe, which processes the payment on behalf of the Publisher, the seller of the Service. The Publisher never has access to the Customer’s full card details.

7.2. The subscription to a paid plan is concluded upon confirmation of the first payment. The first month is paid at subscription; the following months are charged automatically at the start of each Period.

7.3. Invoices are issued electronically and are available from the subscription management area, opened from the “Account” page of the Service.

Article 8. Term and renewal

8.1. Paid plans are subscribed to for a term of one month, with no minimum commitment, automatically renewed by tacit renewal for successive terms of one month, unless terminated under the conditions of Article 10.

8.2. The Discovery plan is concluded for an indefinite term; the Customer may end it at any time by deleting their account.

Article 9. Change of plan

9.1. The Plan Owner of a paid plan changes plans (from Pro to Team or from Team to Pro) from the subscription management area. A new subscription is not possible while a subscription is ongoing.

9.2. Upgrade from Pro to Team: it takes effect immediately, with a prorated adjustment for the current Period (the Customer pays the price difference for the remaining time). Downgrade from Team to Pro: it takes effect at the end of the current Period, which has already been paid; until that date, the Customer keeps the features and seats of the Team plan.

9.3. When the downgrade from Team to Pro takes effect, the accounts of the team members are moved back to the Discovery plan.

Article 10. Termination by the Customer and its effects

10.1. The Customer may terminate their paid plan at any time, without giving a reason and without penalty, from the subscription management area available through the “Account” page.

10.2. Effective date: termination takes effect at the end of the current Period, which has already been paid; no further charge is made after that and no amount is refunded on a prorated basis.

10.3. Effects: at the end of the subscription, the Customer’s account is automatically moved back to the Discovery plan. The Customer keeps their account, their niche settings and the history of their prospecting follow-up, but loses access to the paid features (contacts, best time to contact, email delivery, export). For a Team plan, the accounts of the team members are moved back to the Discovery plan at the same time.

The retention of accounts is limited: an inactive account, meaning an account with no sign-in for three (3) years, is deleted after a notice email sent thirty (30) days before deletion. Accounting records are kept for ten (10) years, in accordance with legal obligations.

10.4. Account deletion: the Customer may delete their account at any time from the “Account” page, after entering their password and after an explicit warning stating that deletion immediately ends the subscription, with no refund of the Period already started. Deletion entails the immediate termination of the ongoing paid subscription, with no refund of the Period already started, the closing of all sessions and the erasure of their account data, except for accounting records kept for the legal period. A Team Plan Owner must first remove the members of their team.

10.5. Reversibility: a Customer on the Team plan may export, themselves, their brands and the follow-up status of each one as a CSV file, as long as the plan is active. The CSV file does not contain the notes. Upon request sent to [email protected] before the account is deleted, the Publisher provides the Customer, in a common format, with the follow-up status of their brands. After the account is deleted, this data is erased (Clause 10.4).

Article 11. Payment default

11.1. If a charge fails, new charge attempts are made automatically for two (2) weeks.

11.2. During these two weeks, access to the paid plan is maintained and the Customer is notified of the failure in their account area and by email. If the situation is not remedied by the end of this period, the subscription ends and the account is moved back to the Discovery plan, under the conditions of Clause 10.3.

11.3. The Customer remains liable for the amounts due. In accordance with Article L. 441-10 of the French Commercial Code (Code de commerce), any amount unpaid on its due date bears interest, without prior formal notice, from the day after the payment date until it is paid in full. The rate applied is equal to three (3) times the legal interest rate in force, which is the minimum set by law. Any unpaid amount also gives rise to a fixed indemnity for recovery costs of €40.

11.4. No discount is granted for early payment.

Article 12. Price changes

The Publisher may change its prices. Any change is notified to the Customer by email at least thirty (30) days before it takes effect, which occurs at the start of the first Period following this notice period. A Customer who refuses the new price may terminate before that date under the conditions of Article 10; otherwise, the new price applies.

Article 13. Nature of the Data provided

13.1. The Service provides:

• public data from the EU trademark register kept by the European Union Intellectual Property Office (EUIPO): trademark, applicant, dates, classes;
• for the plans that include them, the contact details of the applicant company; they may include the name and position of a director when these appear in a public professional source, unless the person has objected (Clause 16.2);
• a classification and a best time to contact calculated by the Publisher.

13.2. Each contact detail is presented with its source and its collection date. A contact detail taken from a website is displayed only when its reliability is assessed as high.

13.3. Priorlead is a private and independent service, not affiliated with the EUIPO or with any industrial property office.

13.4. The Data is provided as is, with no guarantee of completeness, accuracy or currency: the register may contain errors or delays, an applicant may have no public contact details, and a contact detail may have changed since it was collected. The classification and the best time to contact are decision-making aids, not guarantees. The Customer may report an error from the relevant brand profile.

13.5. The Publisher guarantees no commercial result: making contact, meetings, contracts or revenue depend solely on the Customer’s actions.

Article 14. License of use

14.1. The Publisher grants the Customer, for the duration of their plan, a personal, non-exclusive, non-assignable and non-transferable right to use the Service and the Data, limited to their own professional prospecting needs.

14.2. The following are prohibited in particular:

• the resale, rental, making available or redistribution of the Data or of access to the Service, whether free of charge or for a fee;
• the mass extraction or systematic extraction of the Data, by robot, script, scraping or any automated means, and the building of a competing database; the CSV export of the Team plan is subject to a usage limit (10 exports per hour at present);
• account sharing or sharing of login credentials (Article 5);
• circumventing the technical protection or limitation measures of the Service.

Article 15. Customer’s obligations in its prospecting

15.1. The Customer is solely responsible for its prospecting actions and for the messages it sends to the contacts obtained through the Service. In this respect, it acts as an independent data controller.

15.2. The Customer undertakes to comply with the applicable regulations, in particular Regulation (EU) 2016/679 (GDPR), the French Data Protection Act (loi Informatique et Libertés) and the rules on electronic prospecting (Article L. 34-5 of the French Postal and Electronic Communications Code (Code des postes et des communications électroniques)), and in particular to:

• inform the persons contacted of the origin of their contact details and of their rights;
• limit its messages to an offer related to the recipient’s professional activity;
• offer in each message a simple and free means of unsubscribing and promptly honor any unsubscription or objection;
• not keep the data longer than necessary.

15.3. The Customer indemnifies the Publisher against any third-party claim resulting from its messages or from its use of the Data in breach of this article.

Article 16. Personal data

16.1. The processing of the personal data of the Customer and of the Users by the Publisher is described in the privacy policy.

16.2. The processing of the data of trademark applicants and of the persons whose contact details appear in the Service, as well as the objection form, are described on the personal data of applicants page. A contact detail that has been the subject of an objection is no longer displayed.

16.3. When the Customer signs up after clicking on a Google Ads ad of the Publisher, the identifier of that click, the date of sign-up and the hashed email address are transmitted to Google to measure the effectiveness of the ads, without personalized advertising or remarketing, as described in the privacy policy.

Article 17. Intellectual property

17.1. The Service, its interface, its texts, its code, its methods for classifying and for calculating the best time to contact, as well as the Priorlead trademark and name, are the exclusive property of the Publisher or of its licensors. The selection, organization and enrichment of the Data constitute a database protected under Articles L. 341-1 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle).

17.2. No provision of the Terms entails any assignment of rights to the Customer, beyond the license of Article 14.

Article 18. Availability of the Service and liability

18.1. The Publisher is bound by an obligation of means (obligation de moyens). It endeavors to make the Service available at all times, without guaranteeing continuous availability: the Service may be interrupted for maintenance, a technical incident, or the unavailability of a hosting provider or of the source of the Data (EUIPO register, cross-checking sources).

18.2. The Publisher may be held liable only for direct damage resulting from a proven fault. Indirect damage is excluded, in particular loss of profit, loss of customers, loss of opportunity (perte de chance) or commercial loss.

18.3. For all causes combined, the Publisher’s liability is capped at the amount actually paid by the Customer for the last three (3) months preceding the triggering event. For the free Discovery plan, this cap is zero to the extent permitted by law.

18.4. The cap does not apply in the event of gross negligence or willful misconduct (faute lourde ou dolosive), nor to personal injury.

Article 19. Suspension for abuse

19.1. If the Customer breaches Articles 5, 14 or 15, or in the event of fraudulent use or use that endangers the security of the Service, the Publisher may suspend access to the account, after notification by email and a period of forty-eight (48) hours to remedy the breach; this period is removed in an emergency (fraud, security breach, third-party claim). Suspension closes all sessions of the account. During the suspension, the subscription charge is paused; it resumes when the account is reactivated. Clause 19.2 remains applicable.

19.2. In the event of a serious or repeated breach, the Publisher may terminate the contract by operation of law (de plein droit), by email, without prejudice to any damages. Amounts already paid remain the property of the Publisher.

Article 20. Changes to the Terms

The Publisher may change these Terms. The amended Terms are notified to the Customer by email at least thirty (30) days before they come into force. A Customer who refuses them may terminate before that date; otherwise, they apply from the following Period. Changes required by law or by a decision of an authority apply as soon as they come into force.

Article 21. Governing law and jurisdiction

21.1. These Terms are governed by French law.

21.2. The parties first seek an amicable solution. Failing agreement within thirty (30) days following the first written complaint, any dispute relating to the formation, performance or interpretation of the Terms falls within the exclusive jurisdiction of the courts of Lyon, including in the event of multiple defendants or third-party claims for indemnity (appel en garantie).

Article 22. Force majeure

The Publisher is not liable for a failure due to a case of force majeure within the meaning of Article 1218 of the French Civil Code (Code civil). Performance of the obligations is suspended for the duration of the event. If the event lasts more than thirty (30) days, either party may terminate the contract by email, without compensation.

Article 23. Contract assignment

The Customer may not assign or transfer the contract, in whole or in part, without the prior written consent of the Publisher. The Publisher may assign the contract to a company that takes over the Service, provided that it informs the Customer by email.

Article 24. Severability, entire agreement, language

24.1. If a clause of the Terms is declared null and void or unenforceable, the other clauses remain in force.

24.2. The Terms constitute the entire agreement between the Publisher and the Customer for the Service. They supersede any prior document or exchange on the same subject.

24.3. The Terms are drafted in French. Only the French version is authoritative, even if a translation is provided.

Article 25. Contact

For any question, complaint or notice: [email protected], or by post to Noventik SAS, 8 place Antonin Poncet, 69002 Lyon, France.