Last updated: January 27, 2026 – This translation is provided for convenience purposes. Original french version.
These general terms and conditions of sale (hereinafter “General Terms and Conditions of Sale” or the “GTC”) are those of:
SEOPress, a limited liability company with a share capital of 1000 euros,
registered office: 52, rue Isidore Salles, 40110 Morcenx-la-nouvelle,
registered with the Bayonne Trade and Companies Register under number 843 629 643.
The President of SEOPress is Mr. Benjamin Denis.
The SEOPress solution is a plugin (also called an extension module) designed and developed by the company SEOPress, complementing the WordPress software. The plugin is listed in the official WordPress.org plugin directory.
This plugin offers various features aimed at optimizing the natural referencing of websites on search engines (SEO), as well as the click-through rate and conversion rate (SMO).
SEOPress offers a free version of the plugin with basic features, and a paid version SEOPress PRO (hereinafter the “Solution” or “SEOPress PRO Solution”), which includes additional features as well as update, support and maintenance services.
SEOPress also provides another add-on module called SEOPress Insights (hereinafter the “Solution” or “SEOPress Insights Solution” or “Insights”), which includes additional features as well as update, support and maintenance services.
These Terms and Conditions relate to orders for the SEOPress PRO and Insights Solution.
Article 1 – Documents comprising the customer contract
The contract (hereinafter the “Contract”) which governs the contractual relationship between SEOPress and the Client (hereinafter the “Parties”) consists of the following contractual documents:
- The order for the SEOPress PRO or SEOPress Insights solution placed by the Client on the SEOPress company website: www.seopress.org;
- These General Terms and Conditions of Sale (GTC);
- Privacy Policy
In case of conflict between them, the higher-ranking document shall prevail.
This Agreement constitutes the entire and sole agreement between the Parties regarding its provisions. Consequently, it supersedes, from its effective date, all prior agreements, whether written or oral, including previous versions of the Agreement, that were in force on the date of its effective date and had the same subject matter, unless the Client expressly objects by registered letter with acknowledgment of receipt within 15 days of receiving this Agreement.
The Contract can only be modified by means of a new Order.
Article 2 – Nature of the Contract
This Agreement constitutes an electronic commerce contract.
2.1 Special provisions for business customers:
The Parties agree to derogate from the provisions of Articles 1127-1 and 1127-2 of the Civil Code on contracts concluded electronically and from Article 15 of the LCEN.
2.2 Special provisions for French consumer customers or customers residing in France:
It is specified that the Contract relating to the SEOPress PRO or Insights solution constitutes a distance contract, as defined in Article L. 221-1 of the French Consumer Code.
The Contract is also, as defined in Article L. 221-4 of the French Consumer Code, a contract for the supply of digital content not supplied on a tangible medium.
The Client, as a French consumer or resident of France, acknowledges having read, before entering into this agreement, the content of these General Terms and Conditions of Sale (GTC), available on the Provider’s website, prior to Order confirmation. These GTC include the mandatory pre-contractual information stipulated in Articles L111-1, L111-2, and L.221-5 et seq. of the French Consumer Code.
The Client declares having been informed of the characteristics of the services provided, of their rights, and acknowledges that SEOPress remained at their disposal to inform them of all relevant information prior to Order confirmation.
2.3 Common Provisions
The Client agrees to sign electronically and receive an electronic copy of the Contract.
Article 3 – Description of the SEOPress PRO or SEOPress Insights subscription
Ordering a subscription to the SEOPress PRO or Insights Solution includes:
- access to a customer area;
- the right to install and use, for an unlimited period, the plugin on the client’s own website as well as on the websites of its clients (number of websites limited to 5, or unlimited depending on the type of license chosen) under the conditions of Article 12 Intellectual Property;
- access to all the plugin’s features on the day of the order;
- the provision of a license key entitling the user to update, support and maintenance services for the Solution for a period of 12 months.
3.1 Customer Area
As part of their subscription to the SEOPress PRO or Insights Solution, the Client has a client area on the Provider’s website.
After order confirmation, the Customer receives an email inviting them to access their account using their username and a temporary password. They also receive the license key associated with their subscription.
The Customer has only one account. They guarantee that the information provided is accurate, truthful, and up-to-date. All information entered must be accurate.
The Customer is prompted to create a new password upon their first login.
Login credentials are strictly personal and confidential. The Customer agrees to keep them secret, not to disclose them in any form whatsoever, and is prohibited from sharing them with third parties. Any loss, misappropriation, or use of login credentials and their consequences are the sole and entire responsibility of the Customer.
The Client undertakes to inform the Service Provider, by any means and as soon as possible, in the event of:
- theft or loss of username or password following a hack;
- theft or loss of any terminal allowing a third party who has no rights to the account.
The Client may also request the closure of their account at any time, subject to any current subscription. Upon receipt of the request, a confirmation email will be sent to them by the Provider.
Using artificial intelligence for the chatbot in your customer area
As part of the support service, you have the option to interact from your customer area with a conversational assistant (chatbot) powered by artificial intelligence.
When you use this chatbot, your interactions are processed by a third-party AI solution to provide you with automated assistance. The data exchanged in this context (content of your messages, information relating to your request) is transmitted to a service provider to enable the service to function.
Please be advised that you are interacting with artificial intelligence and not with a human. You can choose at any time to use the standard contact form to communicate directly with our support team.
3.2 Features
3.2.1 Features of the SEOPress PRO Solution
The SEOPress PRO Solution offers numerous features (metadata import, tag management, sitemap creation, statistics, redirection, error tracking, etc.). These features aim to optimize the organic search engine ranking (SEO) of websites created using the WordPress CMS.
Some features also optimize website click-through rates and, consequently, conversion rates (SMO).
The various features of the SEOPress PRO Solution available are those described on the SEOPress website, www.seopress.org, at the time of the customer’s order.
Once the order is placed, the client’s license key allows them to install the SEOPress plugin on their own website and on their clients’ websites if they wish (limited to 5 sites, or unlimited depending on the license type chosen). White-label installation of the plugin for their clients is also possible.
The Provider makes available on its website, from the customer area, as well as on the plugin’s home page, several guides, FAQs and explanatory videos to help the Customer install and use the various features of the plugin.
3.2.2 Features of the SEOPress Insights Solution
SEOPress Insights offers numerous features: daily rankings for up to 50 keywords, weekly backlink tracking for up to 1,000 backlinks (one per referring domain), Google trends, and more. These features allow you to measure the progress of your SEO.
The various functionalities of the SEOPress Insights Solution in effect are those described on the SEOPress Company website www.seopress.org on the day of the Customer’s Order.
Once the order is placed, the client’s license key allows them to install the SEOPress plugin on their own website and on their clients’ websites if they wish (limited to one installation per license key). White-label installation of the plugin for their clients is also possible.
The Provider makes available on its website, from the customer area, as well as on the plugin’s home page, several guides, FAQs and explanatory videos to help the Customer install and use the various features of the plugin.
3.3 Services included in the SEOPress PRO and SEOPress Insights subscription
Ordering a subscription to the SEOPress PRO and Insights Solution allows the Client to benefit, via the license key, from the following services for 12 months:
- Automatic plugin updates
These updates allow the Client to benefit in real time from the evolutions of the plugin, without specific request from the Client. - Support Service – Plugin Usage Assistance.
This remote support service is available to the Client via email during business hours, Monday to Friday (French time – closed Saturdays, Sundays, and public holidays).
To open a support ticket, the Client is invited to send an email to the support service directly from their client area.
Only communication in French and English is possible.
As part of usage support, the Provider may, in certain cases, need to directly access the plugin installed on the Client’s website. The access and intervention conditions will be communicated to the Client beforehand. - Corrective Maintenance:
Corrective maintenance aims to correct anomalies specific to the plugin.
In this context, the Provider may need to remotely access the plugin installed on the website during the support service’s opening hours. However, the Provider cannot guarantee the complete absence of anomalies. Furthermore, maintenance is not applicable if the Client refuses to cooperate in resolving anomalies, and in particular, refuses to answer questions and requests for information from the support service; if the plugin is used in a manner inconsistent with its intended purpose or the instructions given by the Provider, especially if the anomaly is due to an event or environment under the control of the Client or a user; if software or operating systems incompatible with the plugin are installed; if electronic communication networks fail; if there is intentional damage, malicious intent, or sabotage; if there is damage due to force majeure; or if the terms of the Contract are not respected. At the end of a subscription, the Customer can no longer use their license key to benefit from updates, support and maintenance services, nor access downloadable files.
Article 4 – The Order Process
The Customer’s Order may be for a subscription to the SEOPress PRO or Insights Solution, or a renewal.
To place an Order for a subscription to the SEOPress PRO or Insights Solution, the Customer follows these steps:
- Select the SEOPress PRO or Insights solution on the Provider’s website www.seopress.org
- The customer is invited to choose the payment method, either by credit card or via PayPal.
- Providing personal information (name, surname, email, billing address) and bank details if paying by bank card
- Acknowledgment and acceptance of these Terms and Conditions and the Customer Privacy Policy. These documents are downloadable and can therefore be stored on a durable medium.
- Order confirmation by clicking the “Buy” button
- Payment under the stated conditions
Up until the payment stage, the Customer can modify the Order, including any errors made when entering their data, by returning to the previous screens.
An order confirmation is immediately sent to the customer by email.
The order confirmation includes a summary of the order, the order number, the order date, the amount, and the license key.
The customer receives a second email containing their username and temporary password to access their customer account and inviting them to change their password upon their first login.
The customer can then access their order details from their customer account.
The Provider reserves the right to block an order, particularly in cases of suspected or proven fraud (compromise of credentials, etc.).
Article 5 – Entry into force – Duration – Renewal
The Contract takes effect upon receipt of the Order confirmation email sent to the Client.
The 12-month subscription period begins on that date.
At the end of the initial commitment period, the subscription will automatically renew for periods of the same duration as its initial term, unless terminated in writing by either Party at any time.
To terminate the Contract, the Client may send an email to the Provider at the following address: [email protected].
If the Client used PayPal as their payment method, they may also terminate the Contract directly from their PayPal account.
Finally, the Client may also cancel automatic renewal from their SEOPress account.
The Provider will acknowledge receipt of the request by email.
Termination of the Contract will obligate the Client to pay the Provider all remaining sums due no later than the Contract’s expiry date.
At the end of the subscription, the Client can continue to install and use the plugin on their clients’ websites in previous versions, but no longer benefits from the associated services (download files including old versions, updates, support service and corrective maintenance).
Article 6 – Financial Conditions
The price of a subscription to the SEOPress PRO or Insights Solution, or its renewal, is that indicated on the Provider’s website on the date of the Order.
Prices are listed in dollars or Euros. Prices are exclusive of tax. The VAT amount is specified, as well as the total amount payable including tax.
The price is payable in full at the time of the order.
The Provider reserves the right to change its prices at any time.
However, the price paid for an Order remains unchanged for subsequent Orders.
The Service Provider also reserves the right to offer preferential rates. The terms and duration of these benefits will be presented on the website or communicated to the Client by any other means.
When placing an order, the customer is informed that they have an obligation to pay.
The customer is informed and agrees to receive the invoice corresponding to their order in electronic format.
Special provisions applicable to clients acting for professional purposes:
Any late payment will automatically and without prior notice incur late payment interest calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus ten (10) percentage points, as well as a fixed compensation fee for recovery costs of €40. If the recovery costs incurred exceed this fixed amount, the Service Provider may claim additional compensation upon presentation of supporting documents.
Article 7 – Evolution of features and services
SEOPress reserves the right to modify the features and/or services of the SEOPress PRO or Insights Solution, including removing or adding features, or changing their characteristics or conditions for providing services.
Regarding current subscriptions, the Customer will be notified by email of any changes that may substantially degrade or reduce the features and/or services, at least one month before the change takes effect. In this case, the Customer may cancel their subscription by simply sending a request to the following address: [email protected] . The Customer will then be liable for the subscription price prorated to their usage until the early termination date.
Article 8 – Right of withdrawal applicable to French consumer customers or customers residing in France
8.1 Principle of the right of withdrawal
The law imposes certain rules for French consumer clients or clients residing in France when the contract is concluded remotely or off-premises for the sale of digital content without physical support.
The Customer has the right to withdraw from the contract without giving any reason within fourteen (14) days. The withdrawal period expires fourteen (14) days after the day of the conclusion of the contract.
8.2 Exercising the right of withdrawal
To exercise this right, the Client must notify the Service Provider of their decision to withdraw by means of an unambiguous statement (for example, a letter sent by post or email) to the following contact details:
SEOPress – Benjamin Denis
Address: 52, rue Isidore Salles, 40110 Morcenx-la-nouvelle
Email: [email protected]
The Client may use the form template below, but this is not mandatory.
The deadline is met if the notification is sent before its expiry.
The Client may also complete and submit the withdrawal form template or any other unambiguous statement via the contact form on the website
https://www.seopress.org/fr/contact/ or from their client area. If the Client uses either of these options, the Service Provider will promptly send an acknowledgement of receipt of the withdrawal on a durable medium (for example, by email).
Sample withdrawal form that the Customer may use if they wish:
I hereby notify you of my intention to withdraw from my order for the SEOPress PRO or Insights solution, order number _______________
Customer Name _______________
Customer Address ______________
Email _________________ (only if this form is submitted on paper)
Date ________________ (only if this form is submitted on paper)
Signature (only if this form is submitted on paper) ______________
8.3 Effects of withdrawal
In the event of cancellation, the Provider will reimburse all payments received without undue delay and no later than fourteen (14) days from the day on which it is informed of the decision. Reimbursement will be made using the same payment method.
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised if performance has begun before the end of the period of fourteen (14) days, after the Client’s prior express agreement to begin performance immediately, and his express waiver of the right of withdrawal.
In the absence of such an agreement and waiver, the Service Provider will not begin performance before the expiry of the withdrawal period. If performance were to begin without these formalities, the Client would retain their right of withdrawal and no sum could be claimed from them in this respect.
Precision
If, exceptionally, digital content was provided on a physical medium (e.g. USB key, DVD), the withdrawal period would then run from the physical receipt of the goods and the rules applicable to goods would apply, subject to the exclusions provided for in Article L.221-28.
Article 9 – Right of withdrawal applicable to professional or foreign clients
Business or foreign customers do not benefit from the mandatory legal provisions of French law on the right of withdrawal referred to in Article 8.
However, the Provider contractually grants them the right to withdraw within 14 days under the same conditions as those referred to in article 8.
Article 10 – Obligations of the Service Provider
The Service Provider is bound by the following obligations towards French consumer Clients or Clients residing in France:
- of the legal guarantee of conformity provided for in Articles L.224-25-12 to L.224-25-26 of the Consumer Code, allowing the Customer to obtain free compliance of the digital content (or digital service) provided, or failing that, a price reduction or termination of the contract;
- of the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code, allowing the Customer to keep the product and obtain part of the price or to return it and have the price refunded.
The applicable legal texts are listed below:
Guarantee of conformity for the occasional provision of digital content or digital services (applicable to French consumer clients or clients residing in France):
The consumer has two years from the date of delivery of the digital content or service to invoke the legal guarantee of conformity in the event of a lack of conformity. During the first year from the date of delivery, the consumer is only required to prove the existence of the lack of conformity, not the date on which it appeared.
The legal guarantee of conformity entails an obligation to provide all updates necessary to maintain the conformity of the digital content or digital service.
The legal guarantee of conformity gives the consumer the right to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without major inconvenience to them.
The consumer can obtain a price reduction by keeping the digital content or digital service, or they can terminate the contract and receive a full refund in exchange for relinquishing the digital content or digital service, if:
1° The professional refuses to bring the digital content or digital service into compliance;
2° The compliance of the digital content or digital service is unjustifiably delayed;
3° Bringing digital content or digital services into compliance cannot be done without imposing costs on the consumer;
4° Bringing digital content or digital services into compliance causes a major inconvenience for the consumer;
5° The non-compliance of the digital content or digital service persists despite the professional’s unsuccessful attempt to bring it into compliance.
The consumer is also entitled to a price reduction or termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination. In such cases, the consumer is not required to request that the digital content or service be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or digital service for the purpose of bringing it into compliance suspends the warranty that remained to run until the provision of the new compliant digital content or digital service.
The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code .
A professional who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased up to 10% of the average annual turnover ( Article L. 242-18-1 of the Consumer Code ).
The consumer also benefits from the legal guarantee against hidden defects, pursuant to Articles 1641 to 1649 of the French Civil Code , for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund upon surrender of the digital content or service.
Guarantee of conformity for the continued provision of digital content or digital service (applicable to French consumer clients or clients residing in France):
The consumer is entitled to the legal guarantee of conformity if a lack of conformity appears during the entire contractual period of supply of the digital content or digital service, starting from the date of supply. During this period, the consumer is only required to establish the existence of the lack of conformity, not the date on which it appeared.
The legal guarantee of conformity entails an obligation to provide all updates necessary to maintain the conformity of the digital content or digital service throughout the entire contractual period of provision of the digital content or digital service.
The legal guarantee of conformity gives the consumer the right to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without major inconvenience to them.
The consumer can obtain a price reduction by keeping the digital content or digital service, or they can terminate the contract and receive a full refund in exchange for relinquishing the digital content or digital service, if:
1° The professional refuses to bring the digital content or digital service into compliance;
2° The compliance of the digital content or digital service is unjustifiably delayed;
3° Bringing digital content or digital services into compliance cannot be done without imposing costs on the consumer;
4° Bringing digital content or digital services into compliance causes a major inconvenience for the consumer;
5° The non-compliance of the digital content or digital service persists despite the professional’s unsuccessful attempt to bring it into compliance.
The consumer is also entitled to a price reduction or termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination. In such cases, the consumer is not required to request that the digital content or service be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or digital service for the purpose of bringing it into compliance suspends the warranty that remained to run until the provision of the new compliant digital content or digital service.
These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code .
A professional who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased up to 10% of the average annual turnover ( Article L. 242-18-1 of the Consumer Code ).
Warranty against hidden defects (applicable to French consumer clients or clients residing in France)
The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
Exclusions
Legal guarantees do not cover:
- an incompatibility of the digital content with the Client’s equipment or software, if the latter does not meet the specifications indicated by the Provider,
- improper use, installation or configuration of the digital content by the Client,
- an unauthorized modification of digital content,
- failure to comply with the instructions provided by the Service Provider,
- a malfunction caused by an external factor (insufficient internet connection, hardware failure of the Client’s equipment, etc.).
Implementation of guarantees (applicable to French consumer clients or clients residing in France)
For any claim under the legal guarantees, the Client must contact the Service Provider at the following address: [email protected]
Warranty exclusion applicable to Business Clients and Consumer Clients who are foreign or do not reside in France
The Client acting for professional purposes, or the Client who is a foreign consumer or not residing in France, acknowledges acquiring the plugin “as is”, as described on the Provider’s website on the day of the Order, and agrees to assume all risks related to its use, installation, configuration and integration into its technical environment.
The Provider is only bound by an obligation to deliver the ordered plugin. Any other warranty, whether legal or contractual, express or implied, including but not limited to warranties of quality, performance, fitness for a particular purpose, or results, is expressly excluded.
Article 11 – Obligations of the Service Provider
The Service Provider undertakes to exercise all due diligence and care in the proper performance of the Contract and to keep the Client informed of any difficulties or incidents that may arise during the provision of services. The Service Provider undertakes to implement the necessary resources for the performance of the services defined in this Contract.
The SEOPress plugin integrates with a number of software and extensions, including page builder, e-commerce, translation, performance, and statistical analysis extensions.
The list of solutions compatible with SEOPress is the one in effect on the Provider’s website at the time of the Order.
However, the Provider does not guarantee in any way the total and perfect compatibility of its extension with the solutions used by the Client.
It is therefore up to the Client to check, beforehand, whether this compatibility is possible or not.
Article 12 – Client Obligations
The Client shall communicate to the Provider, as soon as possible, any information that the Provider deems necessary for the proper execution of the Services as defined in the Contract, as well as all documents and data, accurate, legible and complete, necessary for the execution of the services.
The Client is solely responsible:
- from his use of the plugin,
- the purposes for which it is used,
- from the use of the results provided by the plugin,
- data that he puts on a plugin.
The Client agrees to use the plugin made available to him only for lawful purposes, in accordance with the law, regulations in force (in particular those relating to the protection of personal data and intellectual property), public order and morality.
The Client also agrees not to use the plugin to hinder or alter its operation, in particular by cluttering it, voluntarily or involuntarily, by the untimely transfer of content, outside of the intended use cases.
It is the Client’s responsibility to retain all of their data and to perform their own backups. The Provider does not offer backup or electronic archiving services.
Article 13 – Intellectual Property
The Client is informed that the license terms for the SEOPress plugin are those stipulated by the GNU General Public License v2 attached to WordPress, which can be viewed at the following link: https://www.gnu.org/licenses/old-licenses/gpl-2.0.fr.html
In addition to the terms of this license, the Provider wishes to specify the following conditions to the Client for benefiting from customer support and updates:
- The right to install and use the SEOPress PRO or Insights Solution relates to the Client’s website(s) and those of its direct clients, to the exclusion of any other person;
- If the contractual relationship between the Client and one of its clients ends, the Client undertakes to remove its license key from that client’s website, or deactivate the domain name concerned from its client account, at the end of the relationship;
- The Client has the right to install the SEOPress PRO or Insights plugin on its clients’ websites under white label, i.e. under its own brand;
- You are authorized to use your SEOPress license on your clients’ websites when you are directly involved in the creation, development, and active management of the site on their behalf.
Please note that this does not include reselling or hosting your license key in any form. Managing a client’s website means acting as the site administrator—making updates, modifying content, and providing ongoing maintenance.
Simply installing and activating SEOPress for someone without further involvement does not constitute valid use. Furthermore, sharing your license with third parties is strictly prohibited. - At the end of the subscription, the Client can continue to install and use the SEOPress PRO or Insights Solution but loses the right to updates, support service and maintenance.
Article 14 – Protection of personal data
Under the terms of this Agreement, the Service Provider may process personal data on behalf of the Client, either as the data controller or as a data processor or subcontractor (for corrective maintenance).
The rules relating to the protection of personal data are set out in the Privacy Policy.
Article 15 – Subcontracting – Assignment
The Client grants the Provider general authorization to subcontract all or part of the services to any provider of its choosing.
In any event, the Provider shall remain responsible to the Client for the proper performance of the contract and the services by the subcontractor it engages.
The Provider is also authorized to assign the Contract to any assignee of its choosing. The Client will be notified of any such assignment. In the event of an assignment of this Contract by the Provider, the Client agrees that the Provider will not be jointly liable for the proper performance of the Contract by the assignee.
Any assignment, subrogation, substitution or other form of transmission of this Contract by the Client is prohibited without the prior written consent of the Provider.
Article 16 – Termination
In the event of a breach by one Party of any of its obligations under this Contract, the other Party shall have the right, 30 days after a formal notice sent by registered letter with acknowledgment of receipt has remained unheeded, to terminate this Contract automatically without prejudice to any damages to which it may be entitled as a result of the alleged breaches.
If the Contract is terminated due to a breach by the Client, the Client will lose their license key and the right to access and use the SEOPress PRO or Insights Solution plugin.
Article 17 – Confidentiality
The Parties acknowledge the confidential nature of all information exchanged between them during the negotiation of the Contract and during its execution, as well as the information and data on the basis of which the Services are performed, and undertake to keep them confidential.
Each Party undertakes to make every effort to ensure that this confidentiality obligation is respected by all of its staff or any other person who may be involved in the performance of the contract.
This confidentiality obligation shall apply to each Party for the entire duration of the Contract and shall survive for a period of five years from its termination.
Article 18 – Evidence Convention
The Parties intend to establish the rules relating to admissible evidence between them in the event of a dispute and its probative value. The Parties recognize the validity and full probative value of the following elements and processes, as well as the signatures and authentication methods they express:
- the confidential usernames and passwords used;
- license keys;
- data and files stored on websites;
- automatic notifications (emails);
- IP addresses, connection logs, and file download logs.
The Parties also recognize the validity and full probative force of the electronic signatures which may be affixed to the Contract, thereby formalizing the agreement of both Parties on the terms of the Contract on its date of signature.
The professional Client undertakes not to contest the admissibility, validity or probative value of the aforementioned elements.
Article 19 – Liability
19.1 The Provider is not liable in the following cases (applicable to all Clients):
SEOPress has no control over the Client’s and its own clients’ use of the plugin, nor over the results obtained.
The Client therefore accepts that SEOPress cannot be held liable in any way whatsoever for the Client’s or its direct clients’ use of the plugin, the results obtained, or the content of the data entered into the plugin.
Furthermore, the Provider cannot be held liable in the event of:
- fault, negligence, omission or failure of the Client or its direct clients, which would constitute the sole cause of the occurrence of the damage,
- malfunction or unavailability of the site, or more broadly of a tangible or intangible asset in the case where it has been provided by the Client or a direct customer,
- accidental loss or destruction of data by the Client, direct client or a third party who accessed the plugin using their credentials,
- force majeure.
Furthermore, the Provider cannot be held liable for service interruptions or related damages:
- abnormal or fraudulent use of the Plugin by the Client, its direct client or third parties requiring the Solution to be stopped for security reasons;
- an intrusion or fraudulent maintenance by a third party on the Solution, or the unlawful extraction of data, despite the implementation of security measures in accordance with current technical data, the Provider only bears an obligation of means with regard to known security techniques;
- to the nature and content of the information and data integrated into the plugin.
For French Consumer Clients or Clients residing in France, these exclusions only apply to the extent that they do not contravene mandatory legal provisions, in particular regarding the legal guarantee of conformity.
19.2 Special provisions applicable only to French Consumer Clients residing in France
In accordance with applicable legal provisions, the Service Provider is fully liable to the Client for the proper performance of its contractual obligations. Its liability can only be waived if it demonstrates that the non-performance or improper performance is attributable to:
- to the Client,
- due to an unforeseeable and insurmountable event caused by a third party to the contract,
- or to a case of force majeure.
19.3 Special provisions applicable to Business Clients and Consumer Clients who are foreign or not resident in France
Notwithstanding French law, the Service Provider is subject to a general obligation of due care. The Service Provider’s liability can only be invoked in the event of proven fault.
19.4 Limitation and cap of liability (applicable only to Business Clients and Consumer Clients who are foreign or not resident in France)
In any event, the Provider shall not be liable for any indirect damage, such as, in particular, loss of turnover, loss of profit, loss of orders, loss, inaccuracy, or corruption of files or data, loss of opportunity, damage to image or any other special damage or events beyond its control or any event not attributable to it.
By express agreement between the Parties, the Provider’s liability is limited, for all direct damages combined, to the price excluding VAT of the Order, except in the case of fraud or gross negligence on the part of the Provider, or bodily injury.
Article 20 – Miscellaneous Provisions
Each clause of this Agreement shall be interpreted, to the greatest extent possible, in such a manner as to be valid under the applicable law. If any provision of this Agreement is found to be illegal, void, or unenforceable by any court or competent administrative authority by a final and binding decision, that provision shall be deemed unwritten, without affecting the validity of the remaining provisions, and shall be replaced by a valid provision of equivalent effect, which the Parties undertake to negotiate in good faith, and as the Parties would have agreed upon had they known of the illegality, voidness, or unenforceability of said provision.
The failure of a Party to enforce any provision of this Agreement shall not constitute a waiver of its right to demand compliance with each of its clauses and conditions.
Article 21 – Applicable Law and Jurisdiction
The French version of these general terms and conditions is authentic and prevails over any other version written in a foreign language.
The contract is subject to French law.
In the event of disagreement, the Parties will endeavor to find an amicable solution.
If the Client is a consumer, they may, at no cost, refer the matter to a consumer mediator, whose contact details are as follows:
Médiation Consommation Développement
C/O centre d’affaires Stéphanois SAS
Immeuble l’Horizon – Esplanade de France
3, rue J. Constant Milleret, 42000 Saint-Étienne
In the absence of an amicable agreement within 30 days:
- The consumer Client may bring the matter before either the court of his or her place of residence at the time of the conclusion of the contract, or the court of his or her place of residence at the time the dispute arose, or any other competent court in accordance with the applicable legal rules.
- If the procedure is initiated by the Provider, it can only be brought before the court of the current residence of the Consumer Client.
If the Client does not qualify as a consumer, the Parties agree that, in the event that an amicable agreement cannot be reached within 30 days, the courts of the jurisdiction of the Provider’s registered office (Bayonne) shall have exclusive jurisdiction to hear any dispute arising from the validity, interpretation, performance or termination of the Contract, and more generally any dispute arising from this Agreement which may divide them, notwithstanding multiple defendants or third-party claims.