Services agreement

Breakcold is provided by Logike SAS, a French société par actions simplifiée registered in Paris, SIRET 90230339500021, at 128 rue de la Boétie, 75008 Paris, France. In this agreement, “Breakcold”, “we” and “us” mean Logike SAS. “Customer” or “you” means the person or organization subscribing to the service. Contact us at support@breakcold.com.

This agreement covers access to our CRM, connected communications, automations, AI features, applications and APIs that are included in your subscription. Your order identifies the plan, billing period, price, included usage and any additional charges. You must have the legal capacity and, when acting for an organization, authority to enter into the agreement.

Your order and this agreement apply together with our acceptable use policy. The data processing addendum applies when we process personal data on your behalf. The developer terms apply to use of our developer tools. The privacy policy explains our own processing of personal data; accepting this agreement is not consent to optional tracking or marketing.

Mandatory law takes priority. The data processing addendum and any applicable standard contractual clauses take priority for their subject matter. A written agreement signed by both parties takes priority over conflicting standard commercial terms; otherwise your order takes priority over this agreement on the plan and charges it specifies.

We give you a non-exclusive right to access and use the service during your subscription for your own activities, within the limits of your plan. You may invite authorized users and connect permitted integrations. You remain responsible for administering their access, keeping account information accurate and protecting your credentials.

Notify us promptly if you suspect unauthorized access. We are responsible for the security obligations allocated to us under applicable law and the data processing addendum. You are responsible for your devices, account permissions, lawful instructions and use of the service.

Features and usage limits are described in the product and your order. Unreleased features and roadmap statements are not part of the purchased service unless we agree otherwise in writing. We use reasonable care and skill to provide and maintain the service. Any separately agreed service level applies according to its terms.

A free trial lasts for the period shown when you sign up and may offer limited functionality. It ends automatically and does not become a paid subscription unless you actively purchase one. Trial access does not guarantee continued access to trial data after the trial; export anything you need or contact support before it ends.

The price, currency, taxes, billing period and any usage-based charges are shown before you place an order. You agree to pay those charges using the payment method you authorize. We provide billing records through the service or by email. Payment processing is provided by our payment service providers.

A paid subscription begins when payment is received, unless your order states otherwise. Changes to a plan, purchased credits or other paid options are charged on the terms presented before you confirm the purchase. We will not treat use of a free feature as authorization for an undisclosed purchase.

Discounts apply only for the scope and duration stated in the offer. If payment fails, we may request another payment method and suspend paid access after notifying you and allowing a reasonable opportunity to resolve the failure, unless immediate action is necessary to prevent fraud. Contact support promptly about any billing error.

Where PayPal is offered and you authorize future payments, you can revoke that payment authorization in your PayPal account. Revoking a payment authorization does not by itself cancel the subscription or remove amounts lawfully due; use the cancellation process below as well.

For business customers where French commercial late-payment rules apply, overdue sums bear interest from the day after the payment due date on the invoice, without a reminder being required. Unless a different lawful rate was expressly agreed, the statutory default rate applies: the European Central Bank rate for its most recent refinancing operation plus ten percentage points, using the rate in force on 1 January for the first half of the year and 1 July for the second half. Any agreed alternative cannot be lower than three times the statutory interest rate. A fixed EUR 40 recovery-cost indemnity is also due, with additional recovery costs recoverable on supporting evidence when they exceed that amount. These recovery indemnities do not apply where safeguard, restructuring or liquidation proceedings prohibit payment of the claim at maturity. These rules do not apply to consumers.

Subscriptions renew for the billing period shown in your order unless you cancel before renewal. Use your account billing settings to stop the next renewal and keep access until the end of the paid period shown there. To terminate an open-ended subscription immediately, send clear notice to support@breakcold.com. Termination takes effect when we receive that notice, unless you request a later date. We confirm receipt and the effective date. Any minimum commitment must be expressly stated in your order; a billing interval alone does not establish one. Mandatory earlier termination rights remain applicable. Cancellation does not itself create a commercial refund entitlement; the separate refund policy and mandatory legal rights determine any amount refundable.

Deleting an integration, disconnecting a mailbox or no longer using Breakcold does not by itself cancel your subscription. Cancellation and a refund request are different actions. The refund rules below determine whether a payment is refundable, subject always to mandatory rights.

We will notify you of a change to recurring prices before it applies to a renewal, so you can cancel before that renewal. We also provide renewal information and cancellation rights required by the law that applies to you.

For consumers protected by French law, where there is no minimum contractual commitment or it has expired, notice to terminate a digital-service contract cannot exceed ten days after we receive the request, unless you request a later date. Any more favorable contractual cancellation right remains available.

The following provisions of the French Consumer Code are reproduced pursuant to Article L. 215-4. They apply where your contract falls within their scope, including consumers and non-professionals protected by French law. These statutory rights are separate from our commercial refund policy and prevail where applicable. Statutory references to other sectors are retained to reproduce the articles in full; they do not describe Breakcold's services. The French statutory text is reproduced on the French version of this page; the English text below is a translation for information.

L215-1

For service contracts concluded for a fixed term with an automatic renewal clause, the professional service provider informs the consumer in writing, by a dedicated personally addressed letter or email, no earlier than three months and no later than one month before the end of the period during which renewal may be rejected, of the possibility of not renewing the contract concluded with an automatic renewal clause. This information, expressed in clear and understandable terms, states the deadline for non-renewal in a conspicuous box.

Where this information has not been sent in accordance with the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date.

In that case, advance payments made after the latest renewal date or, for open-ended contracts, after the date on which the original fixed-term contract became open-ended, are reimbursed within thirty days of termination, less the amounts corresponding to performance of the contract up to that date.

This article applies without prejudice to provisions that legally subject certain contracts to specific consumer-information rules.

As an exception to the first paragraph of this article, for contracts for the supply of television services within the meaning of Article 2 of Law No 86-1067 of 30 September 1986 on freedom of communication and for contracts for the supply of on-demand audiovisual media services, the consumer may terminate the contract free of charge at any time after the first renewal if the consumer changes residence or the composition of their tax household changes.

L215-1-1

Where a contract was concluded electronically, or was concluded by another means and the trader offers consumers the possibility of concluding contracts electronically on the date the consumer terminates it, termination must be possible electronically.

For this purpose, the trader makes a free feature available to the consumer for electronically submitting the notification and completing the steps necessary to terminate the contract. When the consumer gives notice of termination, the trader confirms receipt and informs the consumer, on a durable medium and within a reasonable time, of the date the contract ends and the effects of termination.

A decree specifies, in particular, the technical arrangements designed to ensure identification of the consumer and easy, direct and permanent access to the feature mentioned in the second paragraph, including how it is presented and used. It determines the information the consumer must provide.

L215-2

The provisions of this chapter, except Article L. 215-1-1, do not apply to operators of drinking-water and sanitation services.

L215-3

The provisions of this chapter also apply to contracts concluded between professionals and non-professionals.

L241-3

Where the trader has not reimbursed the consumer under the conditions laid down in Article L. 215-1, the amounts owed bear interest at the statutory rate.

This commercial refund policy applies to subscription payments. It does not limit statutory withdrawal rights, rights relating to a non-conforming service, or any other mandatory refund entitlement.

• Monthly plans. Payments are normally non-refundable. If you subscribed by mistake, you may request a refund on the first day of your subscription only.
• Monthly renewals. We do not refund a renewal because you forgot to cancel.
• Initial annual subscriptions. You may request a refund within the first 30 days. We refund the remaining annual subscription payment after charging one full month at the standard monthly price, without any discount. The refund covers the remaining 11 months after this adjustment to the first month. After the first 30 days, annual subscriptions are non-refundable under this policy.
• Annual renewals. We do not normally refund a renewal because you forgot to cancel. If you request a refund within the first two days after renewal, the same annual refund calculation applies. We retain one full month at the standard monthly price, without any discount, and refund the remaining annual subscription payment.

Send your request to support@breakcold.com, identifying the account and payment concerned. The date you send the request determines whether you meet the applicable deadline; the time we take to reply does not reduce your eligibility. We explain the amount and process an approved refund through the original payment method where possible.

Breakcold is designed for professional use. If you buy as a consumer, mandatory consumer protections still apply. In particular, an eligible consumer entering into a distance service contract generally has 14 days from conclusion of the contract to withdraw without giving a reason. Any longer period required by law also applies.

To withdraw, send an unambiguous statement to support@breakcold.com or Logike SAS, 128 rue de la Boétie, 75008 Paris, France, before the deadline. You may use the model notice below, but it is not compulsory. We reimburse payments due under the withdrawal right without undue delay and within 14 days of receiving your notice, using the same payment method unless you expressly agree otherwise, without reimbursement fees.

If you expressly request that a service begin during the withdrawal period and then withdraw, a proportionate amount for the service already supplied may be payable only where the legal conditions are met. Starting a subscription or accepting these terms does not, by itself, waive your withdrawal right. The right is lost for a fully performed service only if the required prior express request or consent and acknowledgement have been obtained. Any exception for digital content applies only if its separate legal conditions are met.

Model withdrawal notice. To Logike SAS, 128 rue de la Boétie, 75008 Paris, France, support@breakcold.com. I hereby notify you that I withdraw from my contract for the following service: [service and account]. Contract concluded on: [date]. Consumer name: [name]. Consumer address: [address]. Date: [date]. Signature: [only for a paper notice].

Consumers also benefit from mandatory guarantees for digital services, including conformity throughout the supply period of a continuous service and applicable rights to correction, a price reduction or termination. The commercial refund deadlines above do not replace those guarantees. Contact support to exercise these rights.

You retain your rights in the contacts, communications, documents and other content you submit to Breakcold. You authorize us to host, process and transmit that content only as needed to provide the service, follow your instructions, secure and support it, and meet legal obligations. This permission does not give us ownership of your customer data.

You must have a lawful basis and the necessary rights to upload data, connect an account, contact people or record communications. Give the notices and obtain the consents required for your use. Publicly accessible professional information can still be personal data. Our data processing addendum defines our respective responsibilities for customer personal data.

Keep exports or backups appropriate to your needs and manage your authorized users. Our obligation to protect and return or delete personal data under the data processing addendum remains applicable.

You choose which third-party accounts and services to connect and what access to authorize. Those third parties have their own terms and may change or restrict their services. We cannot guarantee continued interoperability or the delivery of a message by an external provider. We remain responsible for our own contractual obligations and for subprocessors as set out in the data processing addendum.

When you use AI features, the inputs necessary for the requested function may be sent to the providers described in the data processing addendum. AI output may be inaccurate, incomplete or unsuitable. Review it before sending communications, updating records or making decisions. You remain responsible for actions you authorize, including through automations.

Do not use the service to make solely automated decisions with legal or similarly significant effects on people without meeting the applicable legal requirements. No right is granted to use another party’s intellectual property or personal data merely because it appears in AI output.

Some connection methods use session cookies or tokens from the social account you authorize. Use only accounts you are entitled to connect, protect those credentials and comply with the platform’s terms. A platform may restrict or suspend an account; Breakcold does not guarantee that a connection will prevent such action. Our privacy policy explains how connection data is handled.

Each party must protect non-public information received from the other that is marked confidential or reasonably understood to be confidential. Use it only to perform the agreement and disclose it only to people and providers who need access and are subject to suitable confidentiality duties. This does not cover information lawfully known already, independently developed, received lawfully without restriction or made public without a breach.

A party may disclose information when legally required and, where permitted, will give the other party notice and limit disclosure to what is required. Personal data remains protected under applicable law and the data processing addendum.

Breakcold and its licensors retain their rights in the software, documentation, branding and website. The subscription grants access rights, not ownership. You may not resell access or copy protected elements except as agreed in writing or permitted by mandatory law.

We may restrict access to the extent reasonably necessary to address a security threat, unlawful use, material breach of this agreement or non-payment. Where practical and lawful, we notify you of the reason and give you an opportunity to fix the problem. Immediate action may be necessary to protect people, data or the service. We restore access when the grounds for restriction have been resolved.

Either party may terminate for a material breach that remains unresolved after notice and a reasonable opportunity to remedy it, or immediately where the breach cannot be remedied or the law permits immediate termination. We may discontinue the service with reasonable advance notice. Where we end a prepaid service without your breach, we refund the unused prepaid period. This is separate from the cancellation refund policy.

When access ends, export the data you need and contact us for any required return or deletion. Customer personal data is handled in accordance with the data processing addendum. Accrued payment obligations, confidentiality, intellectual property, liability and other provisions intended to survive continue to apply.

Each party is responsible for the loss caused by its breach under applicable law. Nothing excludes or limits liability for fraud, intentional misconduct, gross negligence, death or personal injury, a breach of an essential obligation where limitation would deprive that obligation of substance, or liability that cannot lawfully be limited. Nothing limits a data subject’s rights under the GDPR or mandatory consumer rights.

For customers acting in a business capacity, and subject to those exceptions, we are not liable for indirect loss, including lost business opportunities or profits where those losses are indirect. Our aggregate liability arising from the agreement is limited to the fees paid or payable under it for the twelve months immediately preceding the event giving rise to the claim, or for the period from the start of the agreement to that event if shorter. Consumer claims are governed by the applicable mandatory rules.

A business customer is responsible for third-party claims caused by its unlawful content or culpable misuse of the service, to the extent attributable to it. We must notify it promptly, allow reasonable participation in the defense and take reasonable steps to limit loss. This does not make the customer responsible for our own fault.

We may maintain and improve the service and update these terms for legal, security or product changes. We give reasonable advance notice of material changes and explain when they take effect. A change does not retroactively alter an accrued refund entitlement or charge. Where a change requires consent or gives you a right to terminate under applicable law, we respect that requirement. You can request the version that applied to your subscription from support.

For consumers protected by French law, updates that are not necessary to maintain conformity are subject to Article L. 224-25-26 of the French Consumer Code. The contract must authorize such updates and provide a valid reason for them. We inform you clearly, reasonably in advance and on a durable medium, of the update and its date; it carries no additional cost. If it adversely affects your access to or use of the service, we inform you of your right to refuse it or, where applicable, uninstall it. Unless the impact is minor, you may then terminate the contract as of right and free of charge within the statutory maximum period of thirty days. This termination right does not apply if we offer to keep the service available without the update, including by uninstalling it, and the service remains conforming. On termination, the return and reimbursement rules in Articles L. 224-25-22 and L. 224-25-23 apply independently of our commercial refund policy.

Neither party is responsible for failure caused by an event qualifying as force majeure under French law, subject to applicable obligations to notify the other party, limit the effects and any termination rights. An event is not force majeure merely because it involves a third-party provider.

French law governs this agreement. Consumers retain the mandatory protections of the law of their habitual residence where those protections apply. Please first contact support@breakcold.com with the relevant facts so we can seek a resolution. We handle your complaint without undue delay and within 21 days of receiving it.

Where both parties contract as merchants and an exclusive jurisdiction clause is legally permitted, the courts of Paris have exclusive jurisdiction. In all other cases, the courts determined by applicable law have jurisdiction. Consumers may use the courts and dispute resolution rights available to them under mandatory law.