Terms and Conditions

This English version is a courtesy translation. The French version prevails.

1. Purpose and scope

These General Terms of Sale (GTS) govern access to and use of the Comparzeo services, published by SAS Optimizeo (SAS with share capital of €1,000), RCS Lyon 915 102 461. They cover the price monitoring service (Starter, Pro and Business plans) and the Comparzeo Proof service (add-on and campaign pass). They apply, to the exclusion of any other terms, to any subscription or order placed on the comparzeo.com website.

The services are reserved for professionals acting in the course of their business: retailers, e-merchants, companies. By subscribing, the customer confirms acting in that capacity. The provisions of the French Consumer Code on contracts concluded with consumers, including the right of withdrawal, therefore do not apply.

2. Acceptance and amendment of the GTS

Creating an account, subscribing to a paid plan, subscribing to the Comparzeo Proof add-on or purchasing a campaign pass constitutes full and complete acceptance of these GTS. The accepted version is the one in force at the time of the subscription or order.

SAS Optimizeo may amend these GTS. Any amendment is notified to the customer by email at least thirty (30) days before it takes effect. For an ongoing subscription, it applies from the next renewal. A customer who refuses it may terminate before that date, under the conditions of article 8.

3. Description of the price monitoring service

Comparzeo is a price monitoring service. It automatically collects public commercial information (prices, crossed-out prices, availability) from publicly accessible pages designated by the customer, in particular competitors' product pages. It makes this information available to the customer as dashboards and alerts.

The customer is solely responsible for the choice of the sites it monitors. It warrants that it has the right to do so, in compliance with those sites' terms of use and the applicable regulations. SAS Optimizeo does not guarantee the availability, accuracy or continuity of the data collected: they depend on third-party sites beyond its control (changes in site structure, technical blocking, temporary unavailability).

4. Comparzeo Proof

4.1 What Comparzeo Proof does

Comparzeo Proof complements price monitoring with three functions:

• Gap detection. Comparzeo enriches its price checks: displayed price, crossed-out price, announced discount. It flags promotions whose displayed crossed-out price is higher than the lowest price it has itself recorded on the same page during the previous thirty (30) days (the “observed minimum”).
• Evidential captures. For the products the customer places under Proof, Comparzeo records the page as received by a browser (full-page screenshot, page content, technical log). The customer places products under Proof within the purchased volume; a capture covers the customer's page and the competitors' pages linked to the product. Comparzeo computes a digital fingerprint of each file and has it electronically timestamped by a third-party provider.
• Evidence files. The customer can build downloadable evidence files. They gather the captures, their fingerprints, the timestamp tokens and a verification tool that allows a third party to check their integrity without going through Comparzeo.

Captures are triggered automatically according to a policy described in the customer area: at the start of a promotion, when a gap appears, once a week, and every day during a scheduled campaign. Captures requested by the customer are added. They are made within daily and monthly capture limits, intended to prevent abuse.

4.2 Nature and limits of the results

The customer acknowledges that:

1. Comparzeo records facts in its own price checks. It does not characterise any practice: a flagged gap is a potential discrepancy, to be examined before drawing any conclusion. It does not mean that a rule has been breached.
2. The observed minimum is the lowest price recorded by Comparzeo. It is not the prior reference price within the meaning of the regulations on price reduction announcements. A price applied between two checks, or on a channel that is not monitored, escapes it.
3. A capture shows the page as a browser received it, at the time indicated, from a server located in France, without any prior account or cookie. Another internet user may see a different page (personalisation, geolocation, tests).
4. When checks are too infrequent or unreliable, Comparzeo indicates “insufficient data” rather than drawing a conclusion.
5. Comparzeo Proof provides no legal advice. Its evidence files are not reports drawn up by a commissaire de justice (bailiff). Their probative value is assessed at the sole discretion of the court or authority concerned: SAS Optimizeo guarantees no outcome.

4.3 Timestamping

Timestamping is provided by a third-party provider.

• A timestamp is described as qualified within the meaning of Regulation (EU) No 910/2014 (“eIDAS”) only when the evidence file expressly says so and the provider appears, on the date of the token, on the trusted list of the State that qualified it. It then benefits from a presumption of the accuracy of the date and time and of the integrity of the timestamped files. On its own, it does not attest that the captured page was the one seen by every internet user.
• Otherwise, the timestamp is not qualified and is presented as such. It attests the time and the integrity of the files, without the legal presumption attached to qualified timestamping.
• Files are timestamped in batches, generally within the hour following the capture. If the provider is unavailable, timestamping is postponed and retried. The guaranteed date is that of the timestamp token, which the evidence file shows next to the capture time.

4.4 Use of captures and evidence files by the customer

The customer uses the captures and evidence files for its own needs: checking the compliance of its own promotions, defending its rights, informing the competent authorities. It is solely responsible for the use it makes of them, in particular for any communication to a third party, publication or action implicating a competitor.

It shall not present a gap flagged by Comparzeo as an established infringement, nor use the Comparzeo name to lend credibility to such a presentation.

Captured pages may contain protected elements belonging to their owners (texts, photographs, trademarks). Their reproduction in a capture does not entail any assignment of rights: it is limited to evidential purposes.

4.5 Access to Comparzeo Proof

Comparzeo Proof is available:

• through the Proof add-on, added to an ongoing subscription (article 6.2);
• through a campaign pass, for a fixed period (article 6.3);
• where applicable, free of charge, at the discretion of SAS Optimizeo.

Gap detection (article 4.1, first point), without captures or timestamping, may be included in the plans when the Pricing page says so.

5. Free trial

A 14-day free trial, with no credit card required at sign-up, is offered to every new customer. At the end of the trial, access to the service is suspended until a payment method is added and a paid plan is subscribed. No data is lost during the suspension. The Proof add-on and the campaign pass are not included in the free trial.

6. Plans and prices

6.1 Plans. The monitoring service is offered under several plans (Starter, Pro, Business). Their details and current prices are shown on the Pricing page of the website. Prices are expressed excluding tax (excl. VAT); VAT at the applicable rate (20 % at the date hereof) is added on invoicing. A reduced price is offered for annual billing. For needs beyond these plans, the customer may contact us for a specific commercial agreement.

6.2 Proof add-on. The add-on is sold in blocks of products placed under Proof, at the price per block shown on the Pricing page, monthly or annually according to the billing period of the subscription to which it is added. The customer chooses the number of blocks and may change it at any time from its Subscription page. The add-on requires an ongoing paid subscription.

6.3 Campaign pass. The pass gives access to Comparzeo Proof for a commercial campaign (sales, Black Friday, own operation…) chosen by the customer when ordering. A campaign lasts at most the duration shown on the Pricing page, currently sixty (60) days. The pass is sold in blocks of products, at the price shown on the Pricing page, and paid once.

Comparzeo Proof is active during the campaign and during the thirty (30) days before it, so that the price reference exists from the first day. If the pass is purchased less than thirty days before the campaign, activity starts on the day of purchase; the price reference then only covers the days checked. The pass is reserved for customers holding a subscription.

6.4 Price changes. Prices may change. An increase applies to an ongoing subscription or add-on from the renewal following thirty (30) days' notice. A pass already paid for is never affected.

7. Payment

Payment is made by bank card through our provider Stripe. SAS Optimizeo does not store any bank card data.

• The plans and the Proof add-on are charged together, on a recurring monthly or annual basis according to the chosen billing period. They are covered by a single invoice.
• Adding the add-on or increasing the number of blocks during a period is charged immediately, prorated for the remaining period.
• A reduction or removal of the add-on takes effect at the end of the period already paid, with no refund or credit: the purchased volume remains available until that date.
• The campaign pass is paid in full when ordered.

An invoice is issued for each payment and remains available in the customer area. If a payment fails, access to the service may be suspended until it is settled.

8. Term, termination and end of Comparzeo Proof

8.1 Subscription. The subscription has no minimum commitment period. It is tacitly renewed for the same period (monthly or annual), unless terminated by the customer, which is possible at any time from its customer area. Termination takes effect at the end of the period already paid. No prorated refund is made for the current period, unless otherwise expressly stated at the time of subscription. The end of the subscription ends the Proof add-on.

8.2 Proof add-on. The add-on has no commitment. The customer may remove it or reduce its volume at any time from its Subscription page; the change takes effect at the end of the period already paid, with no refund or credit.

8.3 Campaign pass. The pass ends on the last day of the campaign. It is non-refundable, including when its activity period has not started; the customer is informed of this before payment.

8.4 Consequences of the end of Comparzeo Proof. At the end of the add-on, the pass or the subscription, Comparzeo stops making new captures. Captures and evidence files already built remain available to view and download by the account holder, from the customer area, for the period set out in article 9, even if the subscription has ended.

9. Retention of evidence

Captures, fingerprints, timestamp tokens and evidence files are kept as long as the customer has a paid subscription (plan, Proof add-on or ongoing pass), then for twelve (12) months after the end of its last paid subscription, and in any event for no more than five (5) years after the capture. They are stored in the European Union. Evidence files are kept read-only and regularly checked against their fingerprint: any alteration would be detected and reported.

The customer is notified by email sixty (60) days and then fifteen (15) days before its evidence is deleted. At the end of that period, or earlier upon written request of the account holder, the evidence is permanently deleted. The customer is invited to download the evidence files it wishes to keep beyond that: a downloaded evidence file contains everything needed for its verification, including the timestamp tokens, and no longer depends on Comparzeo. A downloaded evidence file remains verifiable outside Comparzeo thanks to the verification tool it contains.

10. Customer obligations

Customers agree to:

• provide accurate information when creating their account;
• use the services in accordance with their purpose and the applicable regulations, in particular by not monitoring sites whose access or content would be unlawful;
• monitor and capture only publicly accessible pages, without providing Comparzeo with credentials to access a restricted area of a third-party site;
• comply with the rules on the use of captures and evidence files set out in article 4.4;
• keep its login credentials confidential, and grant the “Manage Proof” and “Export” rights to its invited collaborators with discernment.

11. Availability and liability

SAS Optimizeo uses reasonable means to ensure the availability and proper operation of the services. It does not guarantee continuous availability: the services may be interrupted for maintenance, updates or in the event of force majeure.

For Comparzeo Proof, SAS Optimizeo is bound by an obligation of means. It does not guarantee that a page can be captured at a given moment: blocking by the site, unavailability, capture limit reached. Nor does it guarantee the availability of the timestamping provider. Failures and delays are reported in the customer area.

To the extent permitted by law, the liability of SAS Optimizeo under these GTS is limited to the total amount paid by the customer during the twelve (12) months preceding the event giving rise to the damage. The following are excluded:

• any indirect damage (loss of revenue, customers, image or data);
• any commercial decision made by the customer solely on the basis of information provided by the services;
• the consequences of the use the customer makes of the captures and evidence files, in particular towards third parties;
• the assessment made by a court or authority of their probative value.

12. Intellectual property

The customer retains full ownership of the data it enters (product sheets, prices). It has a right to use the captures and evidence files built for its account, within the limits of article 4.4. Content from third-party sites reproduced in the captures remains the property of its owners.

SAS Optimizeo retains all intellectual property rights in the software, the interface, the verification tool and the Comparzeo trademark. The verification tool provided in the evidence files may be freely used and passed on to verify those files. No licence other than the right to use the services for the duration of the subscription is granted to the customer.

13. Personal data

The processing of personal data in connection with the services is described in the Privacy Policy. For the security and traceability of evidence, Comparzeo keeps a log of actions performed on the account: logins, anomaly reviews, capture requests, evidence file exports. This log indicates the user who acted. Captured pages are public commercial pages; if they incidentally contain personal data (signed customer reviews, for example), such data is only kept within the captures, for evidential purposes and for the period set out in article 9.

14. Force majeure

Neither party shall be liable for failure to fulfil its obligations resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code and French case law.

15. Governing law and disputes

These GTS are governed by French law. In the event of a dispute, the parties will endeavour to find an amicable solution before taking any legal action. Failing an amicable agreement, the competent courts within the jurisdiction of the registered office of SAS Optimizeo shall have exclusive jurisdiction, unless otherwise provided by mandatory public policy provisions.

Questions about these terms? Write to us at contact@comparzeo.com or use our contact page.