Terms of sale

What is it?These terms govern the purchase of our Magento extensions and the use of our Shopify apps, published by Syde.

These terms govern the purchase of Magento extension licenses and the use of the Shopify apps of Syde, formerly Wyomind.

Article 1. Purpose and scope

These Terms and Conditions of Sale (the "T&Cs") are issued by WYOMIND SAS ("Syde"), a French simplified joint-stock company (société par actions simplifiée) with a share capital of €1,000, whose registered office is at 2 rue Saint-Fiacre, 54000 Nancy, France, registered with the Nancy Trade and Companies Register under number 800 127 748, which operates the Syde brand, formerly Wyomind.

The T&Cs govern:

• all sales made on Syde's online store (the "Website"), in particular sales of licenses for Syde's Magento extensions (the "Extensions");
• the subscription to and use of Syde's Shopify apps, published on the Shopify App Store in accordance with Shopify's terms and conditions (the "Apps").

The Extensions and the Apps are together referred to as the "Products". The professional who purchases on the Website or subscribes to an App (the "Client") and Syde are together referred to as the "Parties".

Any purchase on the Website constitutes acceptance of the T&Cs. In accordance with Shopify's terms and conditions, subscribing to an App on the Shopify App Store binds the Client to the T&Cs, and using an App constitutes unreserved acceptance of the T&Cs and of Syde's privacy policy published on the Website (the "Privacy Policy").

The T&Cs are drafted in French in their original version, which alone is authentic and prevails over any other version, including this English version.

Article 2. Professional clients and prerequisites

The Website and the Products are intended exclusively for professionals. By placing an order on the Website or subscribing to an App, the Client declares that it is acting for purposes related to its commercial, industrial, craft or professional activity. Consumer protection provisions, including the right of withdrawal, therefore do not apply.

To use the Apps, the Client must also own a Shopify store and have accepted Shopify's terms and conditions before installing an App.

Upon the first subscription to an App, the Client must authorize Syde to access certain categories of data in its Shopify store. This authorization is essential for the App to function and for the associated services to be provided: failing this, the Client cannot access the App and Syde cannot provide it with these services.

Article 3. Intellectual property and licenses

Syde holds the copyright in the Products. The Products, in whole or in part, are works protected by law. Any breach of the T&Cs or infringement of copyright will be prosecuted in accordance with the applicable law.

3.1. Magento extensions

An Extension license allows its holder to use the Extension on one live domain and on as many staging, development or local domains as needed. It is valid for an unlimited period of time.

The license is linked to a live domain. It can only be transferred to another live domain while its support period is active.

Syde reserves the right to revoke a license in the event of a breach of the T&Cs, and to revoke any invalid license.

3.2. Shopify apps

In accordance with the subscription chosen by the Client for one or more Apps on the Shopify App Store, Syde grants the Client a limited, non-transferable and non-exclusive license to install and use these Apps, exclusively for the operation of its Shopify store.

Syde provides the Client with all relevant information and documentation on the Shopify App Store at the time of subscription. The Apps comply with industry standards and with the documentation provided.

The scope of this license is subject to the limitations and restrictions described on the Shopify App Store, in particular as regards the number of authorized users or the available features.

The license is granted solely for commercial purposes, in connection with the use of the Client's Shopify store.

Article 4. Trial licenses

4.1. Magento extensions

Trial licenses are available for some Extensions. They are free for 15 days from the first day they are made available, a period that cannot be extended without Syde's approval, and include 15 days of free support.

A trial license may be used on one domain per Extension. At the end of the trial period, it is disabled.

4.2. Shopify apps

Syde may offer free trial licenses for its Apps, for a fixed period, to allow the Client to test their features.

The terms of the trial license, including its duration, are explicitly described on the App's listing on the Shopify App Store.

If the Client does not cancel its subscription before the end of the trial period, the trial license is automatically converted into a paid subscription. Billing starts on the day of this switch to the paid subscription, in accordance with the terms set out on the Shopify App Store.

Article 5. Prices and payment

Syde reserves the right to change the prices of its Products and related services at any time.

5.1. Magento extensions

Prices are displayed excluding taxes; VAT is added at checkout where applicable.

Payment is made by credit card (Shopify Payments) or PayPal. If a problem arises with a payment, the Client is invited to check its status with its bank or on its PayPal account before contacting Syde.

5.2. Shopify apps

The price of the Apps is displayed directly in the Client's Shopify store, in the currency of its choice. The applicable price is the one in effect on the day of subscription.

The available subscription plans are shown on the Shopify App Store when the App is purchased. Where applicable, the Client may upgrade or downgrade its plan at any time, according to the options offered on the Shopify App Store.

Article 6. Delivery and updates

Syde continuously improves and updates its Products to offer the best possible functionality and usability. It therefore reserves the right to change their content, features and documentation at any time.

6.1. Magento extensions

The Extensions are available for purchase and download. Once payment has been accepted, they can be downloaded from the "Licenses & downloads" page of the customer account.

Extension updates are reserved for license holders with an active Support & Upgrade plan. They are made available to them from the same page and only concern the Extensions linked to their licenses.

Clients who made their purchase before 1 January 2023 can download the legacy branch versions, which include bug and security fixes but not compatibility with new platform or PHP versions. The master branch versions — new features, improvements, platform, PHP and MySQL compatibility — are reserved for holders of an active Support & Upgrade plan.

6.2. Shopify apps

Syde automatically deploys App updates for users with a current paid license.

Article 7. Refunds

7.1. Magento extensions

Syde offers a full refund on Extension licenses, without conditions, within 60 days of the purchase date.

• Refund request: by email to hello@syde.shop, within 60 days of the purchase, stating the license activation key. Requests received after this period cannot be accepted.
• Refund method: the refund is made to the payment method used for the order.
• Effect on the license: once refunded, the license is revoked and the Extension may no longer be used.
• Services excluded: installation and customization services are not refundable.

The Extensions are delivered digitally: there is nothing to return, and no return procedure applies.

7.2. Shopify apps

App subscriptions are billed by Shopify and are not refundable.

Uninstalling an App (Article 18.1) stops billing from the next billing period; the amounts relating to the current period remain due in all circumstances.

Article 8. Support

For any support request, the Client provides Syde with the details needed to understand the situation (screenshots via links, settings, steps followed, etc.) and does not open a new ticket to answer an existing one.

8.1. Magento extensions

Every license purchase includes 12 months of Support & Upgrade for that license.

Support requests are made from the Support page of the customer account. Syde undertakes to respond within 24 hours on working days. It reserves the right to exceptionally exceed this time frame, in which case it informs the Client of the new estimated response time.

Any request requiring Syde to work on the Client's website or server can only be handled if they are accessible via FTP, and the platform's administration interface (back office) via HTTP, using the access credentials provided by the Client.

Where a remote or virtual desktop connection is required, the operation is carried out exclusively via TeamViewer, with the Client's confirmation. It is charged at Syde's current hourly rate, of which the Client is informed before the operation begins.

Additional support periods can be purchased at any time: purchasing 12 months of Support & Upgrade entitles the Client to support for 12 months from the date of purchase.

Beyond the support period, no support can be provided for the use, configuration or fixing of the Extensions.

8.2. Shopify apps

Unless otherwise stated on the Shopify App Store, Syde provides technical support for any paid subscription to an App.

Support can be reached at hello@syde.shop and responds to requests as soon as possible.

These conditions may change, as specified in the Shopify App Store documentation.

Article 9. Optional services

Where applicable, Syde may provide the Client with optional services related to the Products, such as installation, customization or deployment.

The Client may subscribe to these services by contacting Syde at hello@syde.shop. They may be subject to specific conditions, which require the Client's express acceptance.

Article 10. Customer reviews

10.1. Magento extensions

The Client may publish a review on the Website when logged in to its customer account. In return, it chooses one of the following rewards:

• extending its Support & Upgrade period for free, for one domain;
• receiving a discount code.

These offers are limited to one Extension per account.

Free Support & Upgrade: publishing a review entitles the Client to 1 month of free Support & Upgrade, and up to 3 months:

• for a review of more than 200 characters (+1 month);
• by adding its website URL (+1 month).

To have its support period extended, the Client contacts Syde support, referring to the review published and the domain concerned. After validation by Syde, the support period is extended for that domain.

Discount code: publishing a review entitles the Client to a 5% discount, and up to 15%:

• for a review of more than 200 characters (+5%);
• by adding its website URL (+5%).

To receive the code, the Client contacts Syde support, referring to the review published. After validation by Syde, the code is sent to the Client. It can be used once, for any purchase on the Website.

10.2. Shopify apps

The Client may leave a review on the Shopify App Store after each subscription to an App, so that the quality of the Apps can be assessed.

These reviews do not give rise to any reward or offer: the rewards provided for in Article 10.1 are reserved for reviews published on the Website.

10.3. Right to use reviews

By publishing a review on the Website or on the Shopify App Store, the Client grants Syde the right to use its name, the rating given and the content of the review, on any medium, for commercial purposes, worldwide, for a period of ten (10) years.

Article 11. Client Data

11.1. Ownership of Client Data

The Client is the sole holder of the data processed as part of the services provided by the Apps (the "Client Data").

Accordingly, the Client grants, as needed, to Syde and its potential service providers a non-exclusive, worldwide and free license allowing them to host, cache, copy and display the Client Data, solely for the purpose of performing the T&Cs.

The Client assumes full responsibility for the accuracy, integrity and lawfulness of the Client Data processed by Syde to provide the Apps.

The Client warrants that it has all the authorizations necessary to exploit the Client Data in connection with the use of the Apps, and that:

• it can freely grant the above license to Syde and its service providers;
• it does not infringe the rights of third parties.

The Client is solely responsible for the use of the Client Data and for the conditions under which it gives Syde access to it.

This license terminates automatically when the Client uninstalls the App from its Shopify store.

11.2. Use of Client Data by Syde

Syde uses the Client Data solely to provide the Client with the services of the Apps, and for no other purpose.

Syde is not responsible for the nature or content of the information or data making up the Client Data, nor for the Client's use of it. Nor can it be held liable for the quality or electronic transmission of the Client Data via the Client's equipment, telecommunications networks and internet service providers.

Article 12. Personal data

The processing of personal data is described in the Privacy Policy.

With regard to the personal data processing carried out by the Apps under the T&Cs, the Client is the sole data controller within the meaning of the GDPR. It therefore warrants that it complies with the regulations in force and, in particular, that it has a legal basis for processing the data of the data subjects through the Apps.

The Client acknowledges that, for the purposes of the services, personal data for which it is the data controller is collected and processed by the Apps under the conditions set out in the Privacy Policy.

Syde thus acts as a processor within the meaning of the GDPR and processes such data solely on the Client's instructions and on its behalf.

Article 13. Security

Syde implements technical means in line with standard industry practice and uses reasonable endeavors to ensure the physical and logical security of the Client Data, and of the servers and networks under its responsibility and control.

In particular, Syde undertakes to safeguard the security of the Client Data. In accordance with industry best practices, it implements appropriate technical and organizational measures designed to:

• protect the Client Data against accidental or unlawful destruction or alteration;
• prevent its unauthorized disclosure or any unauthorized access;
• mitigate other forms of unlawful data processing.

These measures are tailored to the specific risks of the processing activities and to the nature of the Client Data protected.

To ensure the confidentiality of the data exchanged between the Client's Shopify store and the services provided through the Apps, all connections are secured.

Syde stores the Client Data on secure servers located in Europe.

Article 14. Syde's liability

Syde undertakes to perform its obligations under the T&Cs with diligence, skill and a level of expertise in line with standard industry practice.

The Parties acknowledge that the price of the Products reflects the allocation of risks and the financial balance they intended, as described below. The T&Cs would not have been entered into without these limitations of liability.

14.1. Limitation of liability

Syde's liability is limited solely to direct and foreseeable damages resulting from a breach of its contractual obligations under the T&Cs.

In the event of damage arising from the performance of the T&Cs, Syde's liability to the Client, whether in contract or in tort (including negligence) or otherwise, shall not exceed the total amounts paid by the Client for the Products involved in the event giving rise to its liability, during the twelve (12) months preceding that event or, where that amount is nil, the price paid for the license concerned.

14.2. Exclusions of liability

Syde is not a party to the relationship between the Client and Shopify, nor to the relationship between the Client and its own customers. It therefore has no liability to the Client in connection with its relationships with these third parties.

In no event shall Syde be liable, to the Client or to any third party, for any indirect, special, punitive, incidental or consequential damages of any kind, whether foreseeable or not, whether or not Syde has been advised of the possibility of such damages and on any theory of liability, arising out of or in connection with the use of, or inability to access, the Products, such as loss of use or data, loss of income, sales volumes, profits or contracts, loss of opportunity, damage to goodwill or reputation, or any financial loss. Any damage suffered by a third party is deemed to be indirect damage, for which Syde cannot be held liable.

Syde cannot be held liable for any unlawful use of the Products, nor for any prosecution arising from such use.

In accordance with Shopify's terms and conditions, Shopify reserves the right to disable, at its sole discretion and without notice, the Client's access to any third-party service, including the Apps. Syde cannot be held liable for any action Shopify may take in this regard.

Article 15. Warranties

Syde does not warrant that the Products:

• will meet the Client's needs or achieve the results that motivated their purchase;
• will operate without interruption, in a timely and secure manner, or be free from defects, errors, hazards or viruses;
• will produce effective, accurate or reliable results;
• will be of a quality that meets the Client's expectations;
• will have any errors corrected.

Syde does not guarantee any service level or any specific result.

15.1. Magento extensions

The Extensions downloaded from the Website are provided "as is", without warranty of any kind, express or implied, including without any implied warranty of fitness for a particular purpose or of non-infringement.

The Extensions and their documentation may contain technical or typographical errors or inaccuracies, and may be out of date. Syde makes no commitment to update them and assumes no responsibility for any errors or omissions they may contain.

The Extensions are used at the Client's own discretion and risk, the Client being solely responsible for any damage to its computer system or any loss of data resulting from such use.

No advice or information, oral or written, obtained from Syde shall create any warranty for the Extensions.

15.2. Shopify apps

Syde endeavors to remedy failures reported by users of the Apps.

Any malfunction or unexpected behavior of an App must be reported promptly to Syde support, at hello@syde.shop, and no later than one month after it occurs. Failing such notification within this period, Syde is released from any liability related to these events.

Article 16. Client's liability

16.1. Magento extensions

The Extensions may not, in whole or in part, be used in any other software, product or website.

The Extensions and their documentation may not be given, sold, distributed, sub-licensed, rented or lent to anyone, nor placed on a server accessible via a public network such as the Internet for distribution purposes.

16.2. Shopify apps

It is the Client's responsibility to read carefully the information and documentation provided on the Shopify App Store to ensure that the App meets its needs and complies with the standards, practices and regulations applicable in the territory where it operates and where the App is used.

By using the Apps, the Client undertakes to comply with all applicable laws, regulations and authorizations, including data protection and privacy laws.

The Apps are intended to be used solely in connection with the Client's Shopify store, and only with the explicit consent of the store owner.

In particular, the Client is prohibited from:

• engaging in any illegal or unlawful activities by means of the App;
• using the App for any purpose other than those explicitly described in its documentation on the Shopify App Store;
• modifying or altering the App, or creating derivative works based on it;
• distributing, commercially exploiting, making available to third parties, reselling or leasing the App;
• compromising the integrity or performance of the App;
• engaging in reverse engineering, attempting to decompile or disassemble the App, or removing any element of it protected by copyright or by a registered trademark;
• attempting to create a competing product or service by reproducing the features, functionalities or graphical attributes of the App.

Article 17. Term

With regard to the Apps, the T&Cs take effect on the start date of the Client's subscription to an App and remain in force for as long as the Client uses any of the Apps. The term of the Extension licenses is set out in Article 3.1.

Article 18. Termination

This article applies to App subscriptions; the revocation of Extension licenses is governed by Article 3.1.

18.1. Termination by the Client

The Client may terminate its subscription to an App at any time. To do so, it simply uninstalls the App concerned from its Shopify store: the subscription is then automatically cancelled, under the financial conditions set out in Article 7.2.

18.2. Termination by Syde

Syde reserves the right to terminate the T&Cs if the Client breaches any of their provisions. Syde then notifies the Client in writing; if the breach is not remedied within seven (7) days of this notice being sent, Syde may suspend the Client's access to all or part of the Apps, whose services the Client can then no longer use.

Syde may also unilaterally decide to stop providing an App. In that case, it notifies the Shopify store owner in writing, by any means, at least thirty (30) days before the App is withdrawn.

18.3. Consequences of termination

In the event of termination of the T&Cs, the Client's access to all Apps is suspended on the effective date of termination. From that date, the Client is no longer billed, without any refund of the current billing period (Article 7.2).

It is therefore the Client's responsibility, where applicable, to retrieve all its Client Data through the features of the Apps before that date.

In any event, the Client Data and the App history are erased or rendered unusable no later than sixty (60) days after the termination date of the T&Cs.

Article 19. Force majeure

Each Party's obligations under the T&Cs are temporarily suspended where an event of force majeure prevents it from performing them. For the purposes of the T&Cs, force majeure means any unforeseeable, unavoidable and insurmountable event beyond the reasonable control of the Party concerned, as recognized by French case law.

Neither Party may be held liable for a failure to perform its contractual obligations resulting from the occurrence of an event of force majeure.

The Party affected by an event of force majeure must inform the other Party immediately by any written means, and no later than seven (7) calendar days after its occurrence.

Where the event of force majeure has been duly notified in this way, the performance of the obligations it affects is automatically suspended for its entire duration, up to a maximum of three (3) months.

In any event, the affected Party uses all necessary, useful and reasonable means to limit the impact and consequences of the event of force majeure, and must continue to perform its other obligations not affected by it.

If the event of force majeure persists beyond this three (3) month period, the most diligent Party may unilaterally terminate the T&Cs.

Article 20. Confidentiality

All information exchanged between the Parties, or to which they have access during the performance of the T&Cs, in particular the Client Data, whatever its medium or format, is confidential (the "Confidential Information").

Each Party undertakes to safeguard the integrity of the Confidential Information and not to disclose it to any third party without the express written consent of the other Party.

Article 21. Changes to the T&Cs

Syde may change the T&Cs. It is therefore the Client's responsibility to regularly review their updated version, published on the Website.

In the event of significant changes to the T&Cs, Syde informs the Client by any means, with reasonable prior notice.

With regard to the Apps, a Client who rejects these changes may terminate the T&Cs by uninstalling the App from its Shopify store before the date on which they take effect. Otherwise, continued use of the App constitutes acceptance of the new T&Cs.

Article 22. Assignment

Syde reserves the right to assign, transfer, novate or delegate all of its rights or obligations under the T&Cs to a third party, without having to obtain the Client's written consent or complete any particular formality.

Article 23. Evidence agreement

Syde and the Client agree that, in the event of a dispute, the records kept in Syde's computer systems under reasonable security conditions serve as evidence between the Parties until proven otherwise.

These records constitute admissible, valid and enforceable evidence, under the same conditions and with the same probative value as any document drawn up, received or kept on paper.

The absence of an electronic signature or written document cannot be invoked to challenge the validity or probative value of exchanges, transactions and communications.

By accepting the T&Cs, the Client acknowledges and accepts the validity of this evidence agreement.

Article 24. Governing law and jurisdiction

The T&Cs, as well as any dispute or claim arising out of or in connection with them, are governed by and construed in accordance with French law.

Before initiating any legal proceedings, the Client must contact Syde in writing, at hello@syde.shop, in an attempt to resolve the dispute amicably.

Any dispute relating to the T&Cs, in particular to their interpretation or performance, falls under the exclusive jurisdiction of the courts of Nancy, including in the event of multiple defendants or third-party claims.