These Terms govern the purchase and use of Erplain's cloud software and related Services by business customers. The Subscription selected in the Order determines the features, Add-on Modules and billing arrangements that apply.
1.1. These Terms of Service (the “Terms”) are issued by ERPLAIN (“Erplain” or the “Company”), a French simplified joint-stock company (société par actions simplifiée) with share capital of EUR 63,529, registered with the Grenoble Trade and Companies Register under number 840 329 874, whose registered office is at 29 Chemin du vieux Chêne, 38240 Meylan, France. Erplain's contact email is contact@erplain.com and its intra-community VAT identification number is FR83840329874.
1.2. Erplain owns and operates the website www.erplain.com (the “Website”) and the cloud software known as Erplain (the “Software”). The Website is hosted by Webflow Inc., 398 11th Street, Floor 2, San Francisco, CA 94103, USA. The Software is hosted on Amazon Web Services infrastructure in France. The processing of personal data, including any international transfers, is addressed in Section 10.
1.3. The “Customer” is the company, other legal entity or self-employed individual purchasing the Services for business purposes. The Services are offered on a business-to-business basis and are not intended for personal, family or household use.
1.4. The “Services” are the Software and related services described on the Website, in the Software or in the Order. The Software is provided as a hosted software-as-a-service offering (“SaaS”).
1.5. The Services include access to Erplain's sales and inventory management Software and the use of the features included in the Customer's Base Subscription and selected Add-on Modules.
1.6. The Customer must purchase a monthly or annual subscription (the “Subscription”) to access the paid Services. The Subscription comprises the Base Subscription and any Add-on Modules purchased by the Customer.
1.7. The “Base Subscription” is the component of the Subscription that provides access to the features included without the purchase of Add-on Modules.
1.8. An “Add-on Module” is an optional feature or set of features that the Customer may purchase in addition to the Base Subscription. References to an Add-on Module include Add-on Modules in the plural where appropriate.
1.9. A “User” is an individual authorized by the Customer to access the Software through an individual User Account.
1.10. A “User Account” is a named account assigned to one User and associated with that User's personal login credentials. A Subscription may include multiple User Accounts.
1.11. The Customer is responsible for obtaining and maintaining the internet connection, compatible browser, devices and other equipment needed to use the Services securely. The Customer must ensure that its equipment meets the applicable technical requirements and is kept up to date and free from malicious software.
1.12. An “Order” is the online order confirmed by the Customer for a Subscription, an Add-on Module or another Service. It records the selected configuration and applicable commercial terms.
1.13. “Customer Data” means the information, records, documents and other content that the Customer or its Users enter, upload or import into the Software, together with the Customer's business records generated through its use of the Services. It does not include Erplain's underlying software, proprietary technology or intellectual property.
2.1. These Terms set out the conditions on which Erplain supplies the Services and the Customer accesses and uses them. These Terms and the applicable Order form the agreement between Erplain and the Customer (the “Agreement”).
2.2. The Customer must review and accept these Terms before confirming an Order.
2.3. Confirming an Order constitutes acceptance of these Terms. The version made available to the Customer when the Order is confirmed applies, subject to any subsequent amendments made in accordance with Section 14.4.
2.4. Any terms included in a Customer purchase order or other Customer document do not apply unless Erplain expressly accepts them in writing.
2.5. A party's failure or delay in exercising a right under the Agreement does not waive that right or prevent its later exercise.
2.6. If a provision of the Agreement is found to be invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by applicable law.
2.7. Any specific terms expressly agreed in writing by both parties prevail over these Terms to the extent of a conflict. An applicable data processing agreement prevails on matters concerning the processing of personal data. Website descriptions do not override the configuration and commercial terms accepted in the Order.
2.8. The individual accepting the Agreement on behalf of the Customer represents that they have authority to bind the Customer. The Customer is responsible for ensuring that its Users comply with the Agreement.
3.1. Erplain describes the Services on the Website and in the Software as accurately as reasonably possible. Illustrations and screenshots are indicative. Minor differences in presentation do not change the features and Services purchased in the Order.
3.2. Erplain may correct errors in the Website or Software descriptions. Corrections do not, by themselves, change an existing Order or authorize a change to the Customer's Subscription outside the procedures in these Terms.
3.3. The Customer selects the Services it wishes to purchase and can review its Order before confirming it.
3.4. The Order summary identifies the selected Services, the applicable fees and any additional charges or taxes. The Customer may change its selections and correct errors before confirming the Order.
3.5. The Customer confirms the Order using the confirmation control provided in the online ordering process.
3.6. A binding Agreement is formed when the Customer accepts these Terms and confirms the Order with an obligation to pay. Cancellation and termination remain subject to the provisions of the Agreement and applicable mandatory law.
3.7. The Customer must provide the billing information required to process its Order and payment.
3.8. The Customer must ensure that its company, contact and billing details are accurate and kept up to date.
3.9. If the Software, a Service or a feature is temporarily unavailable, the Customer may contact Customer Support under Section 6. Erplain will use commercially reasonable efforts to identify the cause of the issue and restore access or functionality as soon as reasonably practicable.
3.10. The Customer must pay the fees for its Order in accordance with Section 4.
3.11. Subscriptions are purchased online. The selected Add-on Modules and the monthly or annual Subscription period are specified in the Order.
4.1. The Subscription comprises a Base Subscription and the Add-on Modules purchased by the Customer. Its price depends on the selected configuration and any other billable items disclosed when the Customer subscribes. Prices are displayed on the Website and in the Software in EUR or USD, exclusive of taxes. The fees stated in the Order are firm and final. Changes at renewal are governed by Section 4.11.
4.2. The Subscription is purchased on a monthly or annual basis, as specified in the Order.
For a monthly Subscription, renewal dates fall on the first day of each month. The initial period runs from the subscription start date until, but not including, the next monthly renewal date.
For an annual Subscription, renewal dates fall on the first day of the anniversary month. The initial period runs from the subscription start date until, but not including, the first day of that same month in the following year. Each subsequent period is twelve months. For example, an annual Subscription starting on 23 October 2025 first renews on 1 October 2026.
At the end of the initial period, the Subscription automatically renews for successive monthly or annual periods, according to the selected Subscription, subject to payment of the amounts due.
The Customer may cancel automatic renewal at any time before the next renewal date. Cancellation takes effect at that renewal date. Fees for the current period remain payable and are not refundable solely because the Customer cancels renewal.
Removing an Add-on Module does not cancel the Base Subscription. Add-on Module removal is governed by Sections 4.13 and 4.14. These provisions do not restrict any termination or refund rights that cannot lawfully be excluded.
4.3. The total amount payable is displayed in the Order summary before the Customer accepts these Terms, confirms the Order and pays. The summary includes applicable taxes. The amount charged for the initial Subscription period is disclosed before the Order is confirmed.Applicable taxes may include VAT, sales tax, GST/HST or similar transaction taxes, depending on the relevant jurisdiction. The Customer must provide accurate billing and tax registration information where required. No tax exemption applies unless the Customer provides any supporting documentation required by law.
4.4. Fees are payable in the EUR or USD currency specified in the Order, by payment card, unless the parties expressly agree otherwise in writing.The initial payment is due when the Order is placed. Recurring invoices and payments fall on the first day of the month, according to the monthly or annual Subscription period.Add-on Module charges are invoiced in accordance with Sections 4.13 and 4.14. Their payment due date must be stated on the invoice and disclosed when the module is added.
4.5. A Customer receiving funding from a public or private organization to purchase an Erplain Subscription must first pay Erplain in accordance with these Terms. The Customer must submit any reimbursement claim directly to the relevant funding organization. Erplain is not responsible if the funding application is incomplete, does not meet the applicable requirements or is rejected. Those circumstances do not release the Customer from its payment obligations to Erplain or, by themselves, entitle the Customer to a refund.
4.6. Card payments are processed through a secure payment system. Card payment transactions are encrypted and protected during processing. Erplain does not store the Customer's payment card details in its own systems.
4.7. The Customer represents that it is authorized to use the payment method provided for its Order.
4.8. If an amount due remains unpaid, a payment fails, or Erplain reasonably suspects payment fraud or attempted fraud, Erplain may suspend access to the affected Services or cancel an unfulfilled Order, subject to Section 7.6 and applicable law. Suspension does not, by itself, release the Customer from amounts properly due under the Agreement.
4.9. Any User who is able to log in during the billing period is counted as an active User and billed at the price agreed between the Customer and Erplain. Only User Accounts disabled throughout the entire billing period are excluded from billing.
4.10. Where a Service has usage-based fees, for example fees calculated by reference to the number of orders processed, the pricing method and applicable rates are disclosed when the Customer subscribes to that Service. Those amounts are invoiced on the first day of each month for usage during the previous month. Usage-based fees are separate from Add-on Module fees, which are governed by Sections 4.12 to 4.14.
4.11. Erplain may change the price or scope of the Base Subscription, Add-on Modules and associated Services. Price changes need not be linked to an economic index. Such changes take effect at the Customer's next monthly or annual renewal.Erplain will give the Customer at least fourteen days' notice of a price or scope change before the relevant renewal date. The Customer may cancel renewal if it does not accept the change. This Section concerns changes initiated by Erplain. Add-on Module additions and removals initiated by the Customer are governed by Sections 4.12 to 4.14.
4.12. The Customer may purchase Add-on Modules during its Subscription. Activation is immediate and charges accrue from the activation date. Add-on Modules follow the Subscription's billing frequency and renewal dates. Adding a module does not change the Subscription's renewal date.
4.13. For a monthly Subscription, an Add-on Module added during a month is charged on a prorated basis from its activation date until, but not including, the next monthly renewal date. The prorated amount is invoiced when the module is added. The module is then invoiced with the Base Subscription for subsequent monthly periods until removal or the end of the Subscription.
The Customer may request removal of a module at any time before the next monthly renewal date, with removal taking effect at that renewal date. Removal does not entitle the Customer to a refund or reduction of the module fees due for the current monthly period.
4.14. For an annual Subscription, an Add-on Module added during the Subscription year is charged on a prorated basis from its activation date until, but not including, the Subscription's next annual renewal date. The prorated amount is invoiced when the module is added.
Purchasing the module commits the Customer until the Subscription's next annual renewal date; it does not start a separate twelve-month commitment.
The Customer may request removal of the module at any time before that annual renewal date, with removal taking effect at that date. A removal request during the current period does not entitle the Customer to a refund or reduction of the module fees due for that period. Unless removal is requested, the module renews with the Subscription on its annual renewal date.
5.1. Subscriptions and Services may be made available to Customers worldwide, subject to applicable legal restrictions and technical availability.
5.2. Initial access to a paid Subscription is made available once Erplain receives the card payment. If another payment method has been expressly agreed, initial access will be made available within ten days after Erplain receives payment. Add-on Module activation is governed by Section 4.12.
5.3. Access to the Services may be interrupted by maintenance, updates, technical incidents or circumstances outside Erplain's reasonable control. Temporary unavailability is addressed in Section 3.9. No specific uptime percentage, response time or service credit applies unless expressly agreed in writing.
6.1. For questions, requests for information or complaints, the Customer should first contact Erplain's Customer Support team. Erplain will use commercially reasonable efforts to investigate reported issues and provide a diagnosis by email or telephone as soon as reasonably practicable. This is an obligation to exercise reasonable care and skill, not a guarantee that every issue will be resolved within a particular time.
6.2. Customer Support can be contacted at support@erplain.com.
7.1. The Customer must comply with these Terms.
7.2. The Customer must use the Software and Services in accordance with Erplain's applicable instructions and documentation.
7.3. The Customer may use the Services only for its own business operations and must not, or permit a User or other person to:
- use the Services unlawfully or for an unlawful purpose;
- resell, sublicense, rent, lend, distribute or otherwise make the Software available to third parties except as expressly permitted by the Agreement;
- copy, modify, reverse engineer, decompile or disassemble the Software, or attempt to discover its source code, except to the extent that applicable law expressly permits an activity despite this restriction;
- access systems, accounts or data without authorization, or interfere with the security, integrity or performance of the Services;
- introduce malicious code or otherwise damage or disrupt the Website, Software or Services;
- infringe Erplain's or a third party's intellectual property rights;
- use the Services to publish or distribute unlawful, fraudulent or defamatory content; or
- use computing, storage, bandwidth or other resources in a way that materially disrupts the Services or other customers' access.
Nothing in this Section prevents lawful criticism or legitimate feedback about the Services.
7.4. Each individual authorized to use the Software must have their own User Account. Each User Account is personal to one User. Accounts must not be shared, including between the Customer's employees and even if they use the account at different times. The Customer must keep login credentials confidential, ensure that Users comply with these rules and promptly notify Erplain of any unauthorized access of which it becomes aware.
7.5. A User may maintain one desktop session and one mobile session at the same time. If a new session is opened in a category in which a session is already active, the earlier session in that category is automatically signed out. The new session remains active, and the session in the other category is unaffected. These limits apply even when all devices are used by the same User. Automatic sign-out ends only the relevant session; it does not delete the User Account or terminate the Subscription.
7.6. If Erplain reasonably believes that the Customer or a User is in material breach of the Agreement, Erplain may give written notice describing the breach and requiring it to be remedied within thirty days. If it is not remedied within that period, Erplain may suspend the affected Services or terminate the Agreement.
Erplain may suspend access immediately where reasonably necessary to address a security threat, fraud, unlawful activity or a material risk of harm to the Services, another customer or a third party. Erplain will notify the Customer as soon as reasonably practicable, unless legally prohibited, and will limit the scope and duration of suspension to what is reasonably necessary. Suspension will be lifted when the relevant grounds have been resolved. Termination and data retrieval are addressed in Section 17.
7.7. Each party must comply with any export control, trade restriction or sanctions rules legally applicable to its performance of the Agreement. The Customer must not use the Services in a manner that would require Erplain to violate such rules.
Erplain will provide the Services with reasonable care and skill. Unless the parties expressly agree otherwise in writing, the Services are provided on an “as is” and “as available” basis, subject to that express commitment and any rights that cannot be excluded by law.
Erplain does not guarantee uninterrupted or error-free operation, compatibility with every third-party system, or that the Software will meet requirements that have not been expressly agreed in the Order. The Customer is responsible for assessing whether the selected Services meet its business needs.
To the extent permitted by applicable law, warranties and conditions not expressly set out in the Agreement are excluded, including any implied warranties of merchantability, satisfactory quality and fitness for a particular purpose. This exclusion does not override Erplain's express obligations or Section 9.9
9.1. Subject to Section 9.9, Erplain is not liable to the extent that a failure to perform is caused by the Customer's breach, misuse or failure to meet the technical requirements, or by an event qualifying as force majeure under Article 1218 of the French Civil Code. The party relying on force majeure must notify the other party promptly and take reasonable steps to mitigate its effects. Recoverable loss must be established and supported by evidence.
9.2. Subject to Section 9.9, Erplain is not liable for indirect, consequential, special, incidental or punitive losses, including lost profits or business opportunities to the extent that they constitute such losses, arising from the Agreement. This applies whether a claim is brought in contract, tort, negligence or otherwise, and whether or not the possibility of that loss was foreseeable or communicated.Subject to Section 9.9, Erplain's total aggregate liability arising out of or in connection with the Agreement will not exceed the fees paid by the Customer for the Services giving rise to the claim during the twelve months immediately preceding the first event giving rise to that claim or related claims.
9.3. Erplain will apply reasonable technical and organizational measures to protect Customer Data. The Customer remains responsible for the accuracy and lawfulness of the data it enters, the permissions it assigns and any exports or independent copies it requires for its own business or recordkeeping purposes. These responsibilities do not relieve Erplain of its own obligations concerning security, data protection or any backup and recovery services expressly agreed in writing. Any liability for data loss is subject to this Section 9 and applicable mandatory law.
9.4. The Website or Software may contain links to websites operated by third parties. Erplain does not control those websites and is not responsible for their independent content or operation.
9.5. A link or reference to third-party content, information or services does not constitute an endorsement by Erplain.
9.6. Erplain does not guarantee the availability or accuracy of third-party websites. Integrations and third-party services are also subject to Section 15. These provisions do not exclude liability for Erplain's own acts or obligations under the Agreement.
9.7. The Customer must maintain a valid contact email address and configure its systems to receive service communications. Subject to Section 9.9, Erplain is not responsible for non-delivery caused solely by the Customer's systems or email filters.
9.8. The parties acknowledge that the fees and allocation of responsibilities under the Agreement reflect the limitations set out in this Section.
9.9. Nothing in the Agreement excludes or limits liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited. A limitation does not apply to the extent that doing so would deprive an essential contractual obligation of its substance or would otherwise be prohibited by mandatory applicable law.
10.1. Each party must comply with the data protection and privacy laws applicable to its activities under the Agreement. Erplain acts as an independent controller for personal data processed to administer its own customer relationship, billing, support and security. Where Erplain processes personal data contained in Customer Data on the Customer's behalf, the Customer acts as controller, or as a processor authorized by its controller, and Erplain acts as processor or subprocessor, as applicable.
10.2. To provide and administer the Services, Erplain may process account and contact details, including names, email and postal addresses, country, tax identification details, authentication data, usage data and connection logs. Connection logs may include session identifiers, device category, browser, IP address, and sign-in and sign-out times. The treatment of personal data is further described in Erplain's privacy information made available to the Customer.
10.3. Erplain uses account and service administration data to provide the Services, manage Orders and billing, respond to support requests, produce usage statistics, handle requests concerning personal data, manage payment disputes, administer sessions and concurrent access, and protect the Services against unauthorized access. Marketing communications are governed by Section 12.
10.4. Personal data is retained only for as long as necessary for the relevant purposes or to meet applicable legal, accounting or recordkeeping obligations. Retention periods depend on the category of data and purpose of processing; there is no single retention period for all account data, Customer Data and security logs. The applicable periods and criteria must be described in the relevant privacy and data processing documentation.
10.5. As between the parties, the Customer retains its rights in Customer Data. The Customer authorizes Erplain to host and process that data only as needed to perform the Agreement, follow the Customer's lawful instructions and meet Erplain's legal obligations. This provision does not affect the rights of individuals in their personal data.
10.6. Erplain may use service providers to perform its obligations. Where a provider processes personal data on the Customer's behalf, that processing must be governed by the applicable data processing agreement and legally required safeguards. Hosting in France does not, by itself, mean that every support, administration or other processing activity takes place exclusively in France. Any international transfer of personal data must have a lawful basis and the safeguards required by applicable data protection law.
10.7. Erplain may disclose information when legally required by a competent authority. Where permitted by law, Erplain will inform the Customer of a request concerning Customer Data and limit disclosure to what is legally required.
10.8. Erplain will apply technical and organizational security measures appropriate to the nature of the personal data and the risks of processing. No security measure guarantees absolute protection. Erplain's security obligations remain subject to applicable law and any applicable data processing agreement.
10.9. The Customer is responsible for establishing an appropriate legal basis for processing personal data entered into the Services, providing required information to affected individuals, obtaining consent where required, and ensuring that its instructions to Erplain are lawful. Consent is not represented as the only possible legal basis.
10.10. Processing by Erplain on the Customer's behalf must be governed by a written data processing agreement meeting the requirements of applicable law, including Article 28 of the EU General Data Protection Regulation where applicable. That agreement must address the scope and purpose of processing, instructions, confidentiality, security, subprocessors, incident reporting, assistance, audits, international transfers and the return or deletion of personal data. This Section does not replace that agreement or any additional terms required by applicable local privacy law.
10.11. Erplain may process IP addresses and other connection data to analyze traffic, manage sessions, apply concurrent-session limits, secure access and investigate suspected misuse of the Services, subject to applicable data protection law.
10.12. Individuals may have rights to access, correct, delete or receive copies of their personal data, restrict or object to processing, withdraw consent, or complain to a supervisory authority, depending on the applicable law and circumstances. Requests concerning Erplain's own processing may be sent to contact@erplain.com. Requests concerning personal data processed on a Customer's behalf should normally be directed to that Customer; Erplain will provide assistance as required by the applicable data processing agreement and law.
10.13.1. The Website and Software may use cookies or similar technologies for their operation and other disclosed purposes.
10.13.2. Information about those technologies and available choices must be provided through the relevant cookie information and preference controls. Where consent is legally required, the technology may be used only after the required consent has been obtained. Accepting these Terms does not, by itself, constitute consent to non-essential cookies.
10.14.1. The Customer and its Users must not gain unauthorized access to, remain unlawfully within, damage or disrupt the Website, Software or Erplain's information systems. Erplain may take appropriate protective action and pursue remedies available under applicable law.
11.1. Erplain and its licensors retain all intellectual property rights in the Website, Software, documentation and related materials, including copyright, trademark, design, database and other proprietary rights. Those rights are reserved worldwide.
11.2. The Erplain name, trademarks, logos and other brand elements remain the property of their respective owners.
11.3. Accessing, downloading or copying materials does not transfer ownership or grant rights beyond those expressly provided in the Agreement. The Customer must not reproduce, publish, distribute, sell, modify or create derivative works from those materials except as expressly permitted by the Agreement or applicable law. The Customer's permitted internal business use of the Services remains allowed.
11.4. During the Subscription, Erplain grants the Customer a limited, non-exclusive, non-transferable right to access and use the Software as a hosted service for its own business operations, through its authorized Users and within the purchased configuration. This right may be exercised from countries in which use is legally and technically available under Section 5.1. It does not authorize resale or access by unlicensed third parties.
11.5. The Customer may not use Erplain's trade names, trademarks or logos without Erplain's prior written permission, except where the use is otherwise permitted by applicable law.
12.1. Erplain may send account administration, billing, security and other service communications needed to perform the Agreement. The Customer must ensure that its relevant contacts can receive those communications.
12.2. Erplain may send newsletters or commercial messages only where permitted by applicable law and on the basis of any consent or other permission required by that law. Recipients may unsubscribe using the mechanism included in the message or contact Erplain. Acceptance of these Terms is not treated as blanket consent to marketing. Unsubscribing from marketing does not prevent necessary service communications.
The Services are supplied for business purposes. No contractual consumer cooling-off period is offered. Nothing in the Agreement excludes a statutory withdrawal, cancellation or other right that applies and cannot lawfully be waived.
Where Erplain offers a free trial, the Customer is responsible for assessing whether the Services meet its requirements before purchasing a paid Subscription. The existence or use of a free trial does not remove any mandatory statutory rights.
14.1. These Terms are made available in English and French. Any mandatory requirements concerning the provision or acceptance of a particular language version remain applicable.
14.2. The Agreement is governed by the laws of France. This choice does not exclude overriding mandatory laws that apply notwithstanding the chosen law.
14.3. A party raising a dispute must notify the other party and the parties will first try in good faith to resolve it amicably. If the dispute is not resolved within sixty days after that notice, it will be subject to the exclusive jurisdiction of the competent courts of Grenoble, France, except to the extent that mandatory law requires another court to have jurisdiction. This procedure does not prevent a party from seeking urgent protective relief or taking steps necessary to preserve a legal claim.
14.4. Erplain may update these Terms for future Orders. For an existing Subscription, a material amendment takes effect at the next renewal after the Customer has received at least fourteen days' notice and has had the opportunity to cancel renewal. A change required by mandatory law may take effect earlier only to the extent necessary to comply with that law. Changes to fees or the scope of the Services remain subject to Section 4.11.
14.5. Contractual notices must be sent in writing to the email or postal contact details provided by the relevant party. Notices to Erplain may be sent to contact@erplain.com or its registered office. Each party must keep its contact details current.
