1. Purpose
These Terms of Use (hereinafter the "Terms") define the conditions of access to and use of the online service BackToMe (hereinafter the "Service"), published by the company BTM BACKTOME (hereinafter "BackToMe" or "we").
The Service allows its user (hereinafter the "Customer" or "you") to integrate on its website a withdrawal button compliant with the requirements of article L.221-21 of the French Consumer Code, and to collect and archive withdrawal requests submitted by its own consumer customers.
Access to the Service implies full and unreserved acceptance of these Terms. If you do not accept any of their provisions, you must refrain from using the Service.
1.1. Service restricted to professionals
The BackToMe Service is exclusively intended for professionals within the meaning of the preliminary article of the French Consumer Code, that is, any natural or legal person, whether public or private, acting for purposes that fall within the scope of their commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of another professional.
The Service is not intended for consumers or non-professionals within the meaning of the same article. By subscribing to the Service, the Customer represents and warrants that they are acting in the capacity of a professional and acknowledges that the very purpose of the tool — equipping a merchant website to handle withdrawal requests from its own consumer customers — necessarily implies a commercial activity carried out on a professional basis.
2. Description of the Service
The Service consists of the following components:
- An online dashboard for configuring the withdrawal button, managing registered websites, tracking incoming requests, and inviting collaborators.
- An embeddable JavaScript script (widget) to paste into the source code of the Customer's websites, which displays the withdrawal button and the associated form to visitors.
- A collection and archiving engine for withdrawal requests, with timestamping, acknowledgments of receipt, and email notifications.
The Service is offered under two operating modes:
- Demo mode (free, no credit card): allows you to test the integration and ergonomics of the widget. Withdrawal requests submitted in this mode have no enforceable legal value and are not archived in a probative manner.
- Live mode (paid, by subscription): confers full legal value to withdrawal requests (timestamped archiving, acknowledgment of receipt on a durable medium, long-term retention). The pricing and commercial conditions of live mode are governed by the Terms of Sale.
3. Account creation and management
3.1. Conditions of registration
Registration for the Service is restricted to any adult natural person acting in the capacity of a professional or on behalf of a legal entity they represent, in accordance with article 1.1 above. By creating an account, you warrant that you:
- have the legal capacity to contract;
- are acting for purposes that fall within the scope of a commercial, industrial, craft, liberal or agricultural activity (status of professional within the meaning of the preliminary article of the French Consumer Code);
- provide accurate, complete and up-to-date information;
- own or are authorized to integrate the widget on the domains you register in the Service.
3.2. Login credentials
You are solely responsible for the confidentiality of your password and for any action carried out from your account. If you suspect a compromise, you must change your password immediately and notify us at contact@backtome.fr.
3.3. Multi-user and roles
The Service allows you to invite other users to a registered website, with three available roles: owner, administrator and reader. The owner alone is authorized to delete a website or its account. The actions of each user are carried out under the responsibility of the Customer who holds the owner account.
4. Customer commitments
When using the Service, the Customer undertakes to:
- integrate the widget only on websites that they own or legitimately operate;
- provide consumers with the legal information required by the French Consumer Code (pre-contractual disclosures, terms of sale, etc.) — BackToMe provides the collection tool but does not substitute itself for the Customer's own obligations;
- process withdrawal requests received under the conditions and within the timeframes provided by law (in particular the 14-day refund provided by article L.221-24 of the French Consumer Code);
- not attempt to circumvent the security mechanisms of the Service, nor to access it by means other than the interface made available;
- not use the Service for fraudulent, unlawful purposes or contrary to public morals;
- not use the widget on websites with illegal, hateful, or child-pornographic content, or content infringing the rights of third parties.
5. BackToMe commitments
BackToMe undertakes to:
- provide the Service with reasonable care, under a best-efforts obligation;
- maintain a reasonable availability of the Service, without however guaranteeing 100% availability;
- process personal data in compliance with the GDPR and the French Data Protection Act (see privacy policy);
- inform Customers in the event of a significant security incident affecting them.
6. Availability and maintenance
BackToMe reserves the right to temporarily interrupt access to the Service for maintenance, updates, or in the event of force majeure. Where possible, such interruptions will be announced in advance.
BackToMe shall not be held liable for unavailability resulting from external causes (Customer network failure, cyberattack, unavailability of a third-party provider, etc.).
7. Intellectual property
The Service, its source code, its interface, its textual content, its illustrations and the BackToMe brand are the exclusive property of BTM BACKTOME and are protected by copyright and trademark law.
Access to the Service grants the Customer a personal, non-exclusive, non-transferable and revocable right of use for the duration of their subscription. No transfer of intellectual property rights is made.
The Customer retains full ownership of the data they transmit through the Service (site settings, content, collected withdrawal requests). BackToMe acts as a processor for the processing of such data under the conditions defined in the Data Processing Agreement (DPA) set out in Part IV of the privacy policy.
8. Liability
BackToMe may only be held liable for direct damages resulting from a proven fault. Its liability shall not be incurred in particular in the following cases:
- misuse of the Service by the Customer;
- non-compliance of the Customer's website with the legal obligations incumbent upon it;
- data loss resulting from a deletion carried out by the Customer themselves;
- unavailability of a third-party provider (host, email service, etc.);
- force majeure within the meaning of Article 1218 of the French Civil Code.
In any event, the total amount of compensation potentially payable by BackToMe under these Terms shall not exceed the total amount paid by the Customer over the last twelve (12) months.
9. Suspension and termination for fault
BackToMe reserves the right to suspend or terminate access to the Service, without notice or compensation, in the event of a serious breach of these Terms, and in particular in the event of:
- fraudulent or unlawful use of the Service;
- integration of the widget on a website of which the Customer is not the legitimate operator;
- attempt to technically compromise the Service.
10. Personal data protection
The processing of personal data is detailed in our privacy policy. As a Customer, you acknowledge having read this policy prior to registration.
11. Changes to the Terms
BackToMe reserves the right to modify these Terms at any time in order to adapt them to the evolution of the Service or applicable regulations. Customers will be informed of any material change by email or by notification in the dashboard, at least fifteen (15) days before its entry into force. Continued use of the Service after that date constitutes acceptance of the new Terms.
12. Governing law and dispute resolution
These Terms are governed by French law. In the event of a dispute, the parties shall endeavor to find an amicable solution through prior written exchanges. Failing an agreement within thirty (30) days from the first written claim, the dispute shall be brought before the courts having jurisdiction over the registered office of BTM BACKTOME (Vesoul), including in the event of an action in warranty or multiple defendants.