Terms of Service

Roctify is a trade name of Moad DAFIR, sole trader (entrepreneur individuel) registered in France under SIRET 102 586 344 00016, whose address is 5 rue Pablo Neruda, 78570 Andrésy, France. Email: [email protected].

The legal information about the publisher and the host of the website is available in our Legal notice.

• Account: the personal space you create to use the Services.
• User or you: any person who creates an Account, as a Consumer or as a Professional.
• Consumer: a natural person acting for purposes outside their trade, business, craft or profession.
• Professional: a natural or legal person acting for purposes related to their trade, business, craft or profession, including creators and sellers who use the Services to sell or promote their activity.
• Seller: a User who offers products, services or bookings to third parties through the Services.
• Buyer: a person who buys from a Seller through a page or store created with the Services.
• Content: any text, image, video, product, link, data or other material published or uploaded by a User.
• Plan: the free or paid subscription chosen by the User.

You accept these Terms when you create your Account by ticking the box provided for that purpose. The Terms in force are always available on this page and can be downloaded or printed.

If you use the Services on behalf of a company or organisation, you confirm that you are authorised to bind it to these Terms.

These Terms are available in French and English. In case of any difference between the two versions, the French version prevails.

You must be at least 18 years old, or the age of legal majority in your country, to create an Account. A minor may only use the Services with the prior authorisation of a parent or legal guardian, who accepts these Terms on the minor's behalf and remains responsible for their use of the Services.

You agree to provide accurate and up-to-date information, to keep your login details confidential and to tell us without delay at [email protected] if you suspect any unauthorised use of your Account. You are responsible for all activity carried out through your Account, unless it results from a fault on our side.

You may not create an Account using a false identity, impersonate another person or brand, or create an Account after we have terminated a previous one for a serious breach of these Terms.

Roctify lets you create a link in bio page, an online store, sell products, services and bookings, send email campaigns and follow your statistics, from a single catalogue. The features included in each Plan are described on our pricing page.

We may improve, change or remove features to keep the Services secure, compliant and useful. We will not remove an essential feature of a paid Plan during your current billing period, and we will inform you in advance of any significant change that affects you. If you are a Consumer and a change reduces the Services in a significant way, you may terminate your subscription free of charge in accordance with the law.

Some features rely on third-party services (payment providers, email delivery, social networks, domain providers). Their use may be subject to their own terms.

Free Plan

The Free Plan has no time limit and does not require a payment card. It includes the features described on the pricing page, within the stated limits.

Paid Plans

Paid Plans are billed in advance, monthly or yearly, at the price shown when you subscribe. Prices are shown in US dollars and, where applicable, the taxes due are added and shown before you confirm your order. Payments are processed by a certified third-party payment service provider. We never store your full card details.

Subscriptions renew automatically at the end of each billing period for the same duration, unless you cancel them before the renewal date. If you are a Consumer with a yearly Plan, we remind you by email of the upcoming renewal and of your right not to renew, between three months and one month before the renewal date, in accordance with article L. 215-1 of the French Consumer Code.

Price changes

We may change our prices. Any new price applies only from your next billing period and we will inform you at least 30 days in advance by email. If you do not agree with the new price, you can cancel your subscription before it applies.

Failed payments

If a payment fails, we will notify you and try again. If the payment still cannot be collected after a reasonable period, we may move your Account to the Free Plan or suspend the paid features until the amount due is paid.

Transaction fees

Roctify does not charge a commission on the sales you make through the Services (0% transaction fees). The fees of the payment providers you connect to receive payments from your Buyers remain payable to them, according to their own terms.

If you are a Consumer, you have a right of withdrawal of 14 days from the date you subscribe to a paid Plan, without having to give a reason (article L. 221-18 of the French Consumer Code).

When you subscribe, you can ask for the paid Services to start immediately. In that case, if you withdraw within the 14-day period, you will be refunded the amount paid minus an amount proportional to the Services provided until you told us that you were withdrawing (article L. 221-25 of the French Consumer Code).

The conditions, the model withdrawal form and the refund procedure are described in our Refund Policy.

Cancelling your subscription

You can cancel your paid subscription at any time from your Account settings, in a few clicks, without having to contact us. The cancellation takes effect at the end of the current billing period. Your Account then moves to the Free Plan. Except for the right of withdrawal and the cases described in the Refund Policy, the current period is not refunded.

Closing your Account

You can close your Account at any time from your Account settings or by writing to [email protected]. Before closing it, you can export your Content and data (products, orders, contacts) using the export tools available in the Services.

Suspension or termination by Roctify

We may suspend or terminate your Account, or remove Content, if you seriously or repeatedly breach these Terms, if required by law or by a competent authority, or to protect the security of the Services, other Users or third parties. Except in urgent cases or where the law prevents it, we will inform you beforehand, explain the reasons for our decision and give you the opportunity to respond. You can challenge any decision as described in section 13.

After termination

After your Account is closed, your Content is no longer publicly accessible. We delete or anonymise your data within the time limits set out in our Privacy Policy, except for data we must keep to meet our legal obligations (for example invoices, kept for 10 years under French accounting law).

Roctify provides the technical tools that allow Sellers to present and sell their products, services and bookings. Roctify is not a party to the contracts between Sellers and their Buyers, does not act as a seller or reseller and does not hold the funds collected by Sellers.

As a Seller, you are solely responsible for:

• the products, services and bookings you offer, their compliance with applicable laws, their description, price and availability;
• your own legal notices, terms and conditions of sale, privacy information and, where applicable, the right of withdrawal of your Buyers when they are consumers;
• delivery, after-sales service, legal guarantees, refunds and the handling of complaints from your Buyers;
• your tax and social obligations, including invoicing and the collection of VAT where applicable;
• the personal data of your Buyers and subscribers, for which you act as data controller.

You agree not to sell products or services that are illegal or prohibited by our acceptable use rules (section 12), and to use the payment providers you connect in accordance with their terms.

If you use our email marketing tools, you remain responsible for the lists you import and the messages you send. You agree to:

• send commercial emails only to people who have given their prior consent, or within the exceptions allowed by law (article L. 34-5 of the French Post and Electronic Communications Code, and equivalent rules in other countries);
• never buy, rent or scrape email lists;
• include in every message your identity and a simple way to unsubscribe, and respect unsubscribe requests without delay;
• not send misleading, fraudulent or illegal content.

We may suspend sending if your campaigns generate an abnormal rate of complaints, bounces or spam reports, to protect the deliverability of all Users.

You keep all rights to your Content. To allow us to provide the Services, you grant Roctify a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt (for example resize images) and display your Content, only for the purpose of operating, securing and improving the Services, for the duration of your use of the Services and for the time needed to delete it afterwards.

You guarantee that you hold all the rights needed to publish your Content, and that it does not infringe the rights of third parties (copyright, trademarks, image rights, privacy) or the law. You are responsible for your Content and its consequences.

Roctify acts as a hosting provider for your Content within the meaning of the French law for confidence in the digital economy (LCEN) and the EU Digital Services Act. We do not monitor Content in general, but we act promptly when illegal Content is brought to our attention (see section 13).

You agree not to use the Services to:

• publish or sell anything illegal, including counterfeit goods, weapons, drugs, stolen data, or products and services whose sale is prohibited or regulated without the required authorisation;
• publish content that is sexually explicit involving minors, terrorist, that incites hatred, violence or discrimination, that harasses or threatens people, or that infringes the dignity of the human person;
• deceive people, including phishing, scams, fake giveaways, pyramid schemes, fake reviews and impersonation of people or brands;
• distribute malware, spam, or content designed to harm devices or collect data without consent;
• infringe intellectual property rights, privacy or image rights;
• attempt to access, test, overload or disrupt the Services or other Users' Accounts, or to bypass our security or usage limits;
• resell or provide the Services to third parties without our written agreement, except for agencies managing the pages of their own clients.

We may remove Content or restrict an Account that breaches these rules, in proportion to the seriousness of the breach.

Anyone can report Content they believe to be illegal or contrary to these Terms using our Report Abuse page, which describes the information to include and how we handle reports.

When we remove or restrict Content, suspend or terminate an Account, or limit a feature, we inform the User concerned of our decision and of its reasons (statement of reasons), unless the law prevents it or the Content is manifestly fraudulent spam.

You can challenge any moderation decision, free of charge, within 6 months, by replying to our notification or writing to [email protected]. A person, not an automated system, will review your appeal, and we will reverse our decision if it was not justified. You can also use any out-of-court dispute settlement body certified under the Digital Services Act, or go to court.

We may suspend, for a reasonable period and after a warning, Users who frequently publish manifestly illegal Content or who frequently submit manifestly unfounded reports.

The Services, the Roctify name and logo, the website, the software, the templates, the designs and the documentation are protected by intellectual property rights and belong to Roctify or its licensors. We grant you a personal, non-exclusive and non-transferable right to use the Services during your subscription, in accordance with these Terms. Any other use requires our prior written agreement.

If you send us suggestions or feedback, we may use them freely to improve the Services, without any obligation towards you.

Roctify processes your personal data in accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act. Our Privacy Policy explains which data we collect, why, for how long, and how to exercise your rights. Cookies are described in our Cookie Policy.

For the personal data of your Buyers, subscribers and visitors that you process with the Services, you act as data controller and Roctify acts as your processor within the meaning of article 28 of the GDPR. In that capacity, Roctify processes this data only on your instructions and to provide the Services, ensures the confidentiality and security of the data, uses sub-processors that offer sufficient guarantees, helps you respond to requests from data subjects, and deletes or returns the data at the end of the Services. A data processing agreement can be provided on request at [email protected].

The Services may include links to, or integrations with, third-party websites and services (payment providers, social networks, marketplaces, analytics tools). We do not control them and are not responsible for their content, availability or practices. Your use of these services is governed by their own terms and policies.

We do our best to make the Services available 24 hours a day, 7 days a week, and to fix issues quickly. This is an obligation of means: interruptions may occur for maintenance, updates, or reasons beyond our control. We try to schedule maintenance at times of low traffic and to inform you in advance of planned interruptions.

Support is available by email at [email protected]. We aim to reply within 2 business days.

For all Users

Roctify is liable for the proper performance of the Services it provides, within the limits set out below. Roctify is not responsible for Content published by Users, for the contracts concluded between Sellers and Buyers, for the services of third parties, or for damage resulting from your breach of these Terms or from a force majeure event.

You are responsible for keeping a copy of your important Content. We back up the Services regularly, but we recommend that you keep your own copies.

If you are a Consumer

You benefit from the legal guarantee of conformity for digital content and services (articles L. 224-25-12 and following of the French Consumer Code). Nothing in these Terms limits the rights you have under mandatory consumer protection law.

If you are a Professional

To the extent permitted by law, Roctify is liable only for direct and foreseeable damage resulting from a proven fault, and our total liability over any 12-month period is limited to the amounts you paid us during that period. Roctify is not liable for indirect damage such as loss of profit, turnover, data or reputation. These limits do not apply in case of gross negligence, wilful misconduct, or personal injury.

You agree to indemnify Roctify against any claim by a third party resulting from your Content, your sales or your breach of these Terms.

Neither party is liable for a failure to perform its obligations caused by a force majeure event within the meaning of article 1218 of the French Civil Code, such as a natural disaster, a major failure of networks or infrastructure beyond our control, a large-scale cyberattack or a decision of a public authority. The affected party informs the other as soon as possible. If the event lasts more than 30 days, either party may terminate the subscription.

We may update these Terms to reflect changes in the law, in the Services or in our practices. We will inform you of any significant change by email or in the Services at least 30 days before it takes effect. If you do not accept the new Terms, you can close your Account before they apply. Continuing to use the Services after that date means that you accept them.

These Terms are governed by French law.

In case of a dispute, please contact us first at [email protected] so that we can try to find an amicable solution.

If you are a Consumer, you may use, free of charge, the consumer mediation service [MEDIATOR], in accordance with articles L. 612-1 and following of the French Consumer Code, after first trying to resolve the dispute with us in writing. You may also bring an action before the competent court of your place of residence or any other court competent under the law. If you live in another EU country, you also benefit from the mandatory provisions of the consumer law of that country.

If you are a Professional, any dispute relating to these Terms will be subject to the exclusive jurisdiction of the courts of Versailles, France, even in case of multiple defendants or third-party proceedings.

For any question about these Terms, write to [email protected] or by post to Roctify, 5 rue Pablo Neruda, 78570 Andrésy, France.