Terms of service

This document is a working draft, not a contract. It gathers the clauses the business model requires us to address, with the values already decided. It must be reviewed by legal counsel before the service is sold.

1. Purpose

Facteur provides an online service for receiving and inspecting electronic messages and SMS, intended for software testing. The service is reserved for professionals acting in the course of their business.

2. Account and access

• Creating an account implies acceptance of these terms.
• The account holder is responsible for keeping their API keys confidential and for the actions performed with them.
• API keys may be revoked at any time by the customer, and by the publisher in the event of manifestly abusive use.

3. Subscriptions, capacity and billing

3.1 Pricing structure

The monthly subscription grants access to a set of features, a number of seats, a retention period and an included volume of messages. Additional capacity is acquired independently, as prepaid packs or usage-based billing.

3.2 Capacity packs

• Packs are payable on order and available immediately.
• Credits are valid for twelve months from their date of purchase.
• Credits accumulate and are not affected by a change of plan.
• Credits are neither refundable nor transferable between organisations.

3.3 Usage-based billing

Where no credits are available, messages exceeding the included volume are billed at0,90 € per 1,000 messages, within the spending cap set by the customer. Beyond that cap, messages are refused and no further amount is due.

3.4 Change of plan

Upgrades and downgrades take effect immediately, with pro rata adjustment of the remaining period. No acquired credit is lost on that occasion.

3.5 Prices and taxes

Prices are stated in euros excluding tax. Applicable value added tax is determined by the customer’s country and EU VAT number.

4. Acceptable use

The customer undertakes not to use the service to:

• receive real personal data, in particular sensitive data within the meaning of article 9 of the GDPR;
• relay, send or host unsolicited communications;
• circumvent the technical limitations of the service, nor to use it in a way likely to degrade its availability for other customers;
• receive production mail intended for real end users.

The service is a testing environment. It is neither designed nor warranted for production use.

5. Availability and service levels

The publisher uses reasonable efforts to keep the service available, without any obligation of result on plans that carry no contractual SLA. Observed availability is published onthe status page. A quantified service level commitment is available on the Enterprise plan.

6. Customer data

Messages received and their metadata remain the property of the customer. They are kept for the configured retention period, then permanently deleted. Processing terms are set out in thedata processing agreement.

7. Suspension and termination

• The customer may terminate at any time from the application. Termination takes effect at the end of the current period.
• The publisher may suspend an account in the event of a characterised breach of article 4, after notice and, save in an emergency, prior formal notice.
• On account closure, data is deleted within thirty days, backups included.

8. Liability

CLAUSE TO BE DRAFTED WITH A LAWYER — liability cap, exclusion of indirect damages, and how these interact with the “testing environment” nature of the service.

9. Governing law and jurisdiction

These terms are governed by French law. Any dispute falls within the jurisdiction of the courts of CITY OF THE REGISTERED OFFICE, subject to applicable mandatory provisions.