Terms of sale
and use.

Scale Operator is marketed by BCB CORP, a French simplified joint-stock company (société par actions simplifiée) with share capital of €1,000, whose registered office is at 50 avenue des Champs-Élysées, 75008 Paris, France, registered with the Paris Trade and Companies Register under number 928 917 343.

EU VAT number: FR47928917343.
Contractual enquiries and support: [email protected].

In these terms, BCB CORP is referred to as the “Seller”, and any individual or legal entity subscribing to the Service as the “Customer”.

These terms of sale and use (the “Terms”) govern all subscriptions to Scale Operator, regardless of the Customer’s country of establishment or residence.

A “Business Customer” is an individual or legal entity subscribing for the purposes of their business or professional activity. A “Consumer Customer” is an individual acting for purposes outside their business or professional activity. “Customer” refers to either, depending on the context.

For Business Customers, their own purchasing terms do not apply unless accepted in writing by the Seller. In the event of a conflict with a separately signed agreement, that agreement prevails.

For Consumer Customers, these Terms apply without prejudice to any more protective mandatory provisions of their country of residence. No provision may deprive them of a right they cannot lawfully waive.

Scale Operator is an online software platform that allows users, depending on the modules enabled, to manage contacts, sales opportunities, pipelines, calendars, communications, automations, pages, forms and activity metrics.

The included features are described on the sales page, order form or subscription interface applicable on the date of the order. The Seller may develop the Service, including to improve its performance, security or usability, provided that no essential feature is removed without a reasonably equivalent solution during the current subscription period.

The Service is an organisational and automation tool. It does not guarantee any level of revenue, conversions, appointments or business results.

The subscription contract is concluded when the Customer confirms the order and, where immediate payment is required, completes payment on the Stripe page provided. A trial offer may defer the first charge in accordance with the conditions displayed before confirmation. Before payment, the Customer must be able to read these Terms, download or retain them, and expressly accept them. Acceptance demonstrates the Customer’s consent to the contract. The Seller retains records evidencing the order and the version of the Terms accepted. Confirmation of the contract is provided on a durable medium.

Before a consumer places an order, the Seller clearly presents the essential features of the Service, its duration, the total price including taxes, billing frequency, renewal and cancellation arrangements, withdrawal policy and any additional charges. The final order button unambiguously indicates that the order entails an obligation to pay.

The Customer warrants that the information supplied is accurate, including their identity, business name, billing address, tax number and the identity of the person authorised to subscribe.

The Seller may refuse or cancel an order involving an anomaly, a risk of fraud, a prohibited activity, manifestly inaccurate information or a previous unpaid balance.

After confirmation of the order, payment where immediately due and, where applicable, any necessary checks, the Seller creates or activates the Customer’s workspace and provides access instructions electronically.

Where setup requires information, files, access or approvals from the Customer, any timeframe depends on receiving complete and usable materials. A delay attributable to the Customer does not constitute a breach by the Seller.

“Activation” means making usable access to the Service effectively available. Merely creating an internal workspace without communicating access to the Customer does not constitute activation. The time for making the Service available is stated before the order is placed.

The applicable prices are those displayed at the time of subscription. For Business Customers, prices may be shown in euros excluding taxes, with applicable tax added at checkout. For Consumer Customers, the total price including taxes and any additional charges is stated before final order confirmation.

Business Customers remain responsible for local taxes, filings, reverse charges or withholding requirements applicable in their country, except where the Seller is legally required to collect the tax.

The Seller may change its prices for a future period. Any change affecting an existing subscription is communicated before it takes effect and applies from the next renewal. The Customer may prevent that renewal in accordance with Article 7.

Trial offers, where expressly offered. The duration, included features, any usage charges, date of the first charge and subsequent price are stated before subscription. If no trial offer is displayed, the subscription is payable from the date specified in the order. Where automatic conversion to a paid subscription is disclosed and accepted, the Customer can prevent it by cancelling before the trial ends. A commercial trial is separate from consumers’ statutory right of withdrawal; it does not automatically postpone the start of the statutory withdrawal period.

Monthly subscription. The initial term is one month, renewing automatically for successive one-month periods. The Customer may request cancellation at any time before the next billing date. Cancellation takes effect at the end of the period already paid for.

Annual subscription. The subscription is for a fixed term of twelve months, billed in one payment, and renews automatically for successive twelve-month periods. The Customer may prevent renewal up to the day before the renewal date. Cancellation takes effect at the end of the current annual period.

Consumer notice before annual renewal. Where French law applies, the Seller informs the consumer by a dedicated email, sent no earlier than three months and no later than one month before the deadline for declining renewal, of the option not to renew and the applicable deadline. Statutory rights arising from a failure to provide this notice remain fully applicable.

A cancellation request may be submitted through the available subscription management tools or by email to [email protected], from an address allowing the relevant account to be identified. For consumers who can subscribe online, a directly and easily accessible “Cancel your contract” feature is also provided through the online interface. The Customer should retain the cancellation confirmation.

Payments are processed by Stripe or another provider identified to the Customer. By registering a payment method and subscribing, the Customer authorises the Seller and its payment provider to automatically charge subscription fees, taxes and usage fees due on each billing date.

The Customer must maintain a valid payment method and accurate billing details. If a payment fails, is declined or the payment method expires, further attempts may be made. The Customer remains liable for all amounts that have fallen due.

Invoices are made available or sent electronically using the contact details supplied by the Customer.

For Customers subject to French rules on business-to-business transactions, any amount unpaid when due automatically incurs late-payment penalties, without a prior reminder, at the rate applied by the European Central Bank to its most recent refinancing operation plus ten percentage points, as well as a fixed recovery charge of €40 per invoice. Additional compensation may be claimed where the recovery costs actually incurred are higher.

For other Business Customers, only legally recoverable interest and costs may be claimed. The €40 fixed charge does not apply to consumers; only interest and costs expressly permitted by applicable mandatory provisions may be claimed from them.

The subscription covers access to the platform and the modules included in the selected plan. Some services depend on actual consumption and may be charged separately, including text messages, calls, emails, phone numbers, WhatsApp, artificial intelligence services and other third-party services.

Usage is charged at the rates displayed or communicated to the Customer before use. Those rates may change when third-party supplier or operator costs change. The Customer is responsible for usage from their account, including usage by their users, integrations and automations.

Paid options, automatic top-ups and additional expenditure require the Customer’s agreement under the conditions presented before activation. Changes to rates are communicated before they apply to future usage.

The Customer agrees to use the Service in accordance with applicable laws, third-party rights, communication operator rules and the policies of connected platforms.

In particular, the Customer must:

• obtain any necessary consent before marketing, communicating or collecting data;
• comply with the anti-spam, direct marketing, consumer protection and privacy rules applicable in each country targeted;
• not use the Service for illegal, misleading, fraudulent or abusive activities or activities that infringe another person’s rights;
• not attempt to bypass technical limits, access a system without authorisation or disrupt the Service;
• control access granted to users and keep login credentials confidential.

The Customer is responsible for the content, data, offers, campaigns, communications and instructions they configure or have sent from their account, without relieving the Seller of its own obligations. Outputs from artificial intelligence features must be checked before use.

The Seller may proportionately suspend all or part of the Service for non-payment, misuse, illegal activity or a breach of these Terms. Except in an emergency, where there is a fraud or security risk, a legal obligation or an irremediable breach, the Customer is informed of the reason in advance and given a reasonable period to remedy the situation.

Immediate suspension is possible where necessary to protect individuals, data or operation of the Service. The Customer is informed as soon as possible and legally permitted. Suspension is limited to what is necessary and lifted when its cause has ceased. Amounts lawfully due remain payable, without prejudice to mandatory rights or refunds that may be due for a breach by the Seller.

The Seller uses reasonable efforts to ensure the availability and security of the Service. Unless separately agreed in writing, no specific availability level, restoration time or outcome is guaranteed.

The Service may be interrupted for maintenance, updates, incidents, security measures, force majeure or a third-party provider outage. Features depending on external services may be changed, restricted or interrupted when those providers change their terms or interfaces.

Support is available at [email protected]. Requests are handled within a reasonable time, with no guaranteed response time unless specifically agreed in writing.

Limitations relating to a third-party provider do not release the Seller from its own contractual obligations or applicable statutory warranties.

The Seller and its licensors retain ownership of the platform, brand, interfaces, templates, documentation, developments, know-how and all associated intellectual property rights.

For the duration of the subscription, the Customer is granted a personal, non-exclusive, non-assignable and non-transferable right to use the Service for authorised personal or business purposes. Subject to mandatory rights and the Customer’s data export rights, copying, reselling, sublicensing, disassembling, extracting or making the Service available to an unauthorised third party is prohibited.

The Customer retains their rights in the content and data they provide. They grant the Seller only the rights necessary to host, process, transmit and back up that content and data to provide the Service.

For data relating to prospects, customers, employees and other individuals imported into or collected through the Service, the Customer determines the purposes and means of processing and acts as controller. The Seller processes that data to provide the Service, acting as processor where applicable law so provides.

The Customer warrants that they have a legal basis, provide the required information to individuals and respect their rights. The Customer is responsible for configuring forms, consent mechanisms, retention periods and communications in accordance with the laws of the relevant territories.

Processing is also governed by the Privacy Policy and, where the GDPR or equivalent legislation requires it, by a data processing agreement that must be concluded in accordance with the applicable requirements, including Article 28 of the GDPR. The Privacy Policy does not replace that agreement. Contractual documents can be obtained from [email protected].

The Customer is encouraged to export any data they wish to retain before their access ends. After the contract ends, data may be deleted or made inaccessible in accordance with applicable retention periods, technical constraints and legal obligations.

Arrangements for returning, exporting and deleting data and, where applicable law provides, switching providers must be specified in the applicable contractual documents. Technical constraints cannot override the Customer’s mandatory rights.

Each Party agrees to protect confidential information received from the other Party, use it only to perform the contract and disclose it only to individuals or providers who need to know it and are subject to an appropriate confidentiality obligation.

This obligation does not apply to information that is already public, lawfully known, lawfully received from a third party or required to be disclosed by law or a competent authority.

The Service is provided with due care and on a reasonable-efforts basis (obligation de moyens). The Customer remains responsible for their business decisions, settings, content, regulatory obligations, backups or exports they consider necessary, and checking automations before putting them into production.

Consumers. Consumers benefit from all mandatory statutory warranties applicable to digital content and services, including the right to have the Service brought into conformity and, where the legal conditions are met, to a price reduction or termination of the contract. For a continuously supplied Service, these warranties apply throughout the contractual supply period.

Business Customers. To the extent permitted by law, the Seller is not liable for indirect losses. Losses of revenue, customers, opportunities, data, reputation, margin or expected savings are excluded only where they actually constitute indirect losses.

Business Customers. The Seller’s total aggregate liability, on any grounds, is limited to the amount excluding taxes actually paid by the Customer for the Service during the twelve months preceding the event giving rise to the claim.

The exclusions and limitations in this Article do not apply where prohibited by mandatory law, including in relation to a consumer or in cases of intentional wrongdoing, gross negligence or personal injury attributable to the Seller.

The Seller cannot be held liable for damage exclusively attributable to the Customer or a third party, to the extent permitted by law. Using providers to deliver the Service does not remove the Seller’s own obligations.

If a Party commits a serious or repeated breach, the other Party may terminate the contract after a formal notice remains unremedied for fifteen days, except in an emergency or in cases of fraud, illegal activity, a security breach or an irremediable breach, when termination may be immediate.

The end of the contract ends the right to access the Service on the effective termination date. Amounts that have fallen due remain payable. Provisions which by their nature must survive, including payment, confidentiality, intellectual property, liability and dispute resolution, remain applicable.

Consumers — right of withdrawal. Consumers have fourteen days from conclusion of the contract to withdraw without giving a reason. If the withdrawal notice is sent within this period, the Seller refunds all amounts paid for the subscription concerned no later than fourteen days after being informed of the decision to withdraw, using the same payment method unless the consumer expressly agrees to another method at no charge.

At the consumer’s express request, access to the Service may begin before the withdrawal period ends. In that case, the Seller maintains its commercial guarantee of a full subscription refund during the first fourteen days. To exercise this right, the consumer must send an unequivocal statement to [email protected] before the period expires. They may use the form below, but this is not mandatory.

After the withdrawal period. Periods already started or paid for are not refunded or credited on a pro-rata basis, except in cases of incorrect billing, non-conformity giving rise to a refund, a breach by the Seller not remedied within a reasonable time or a contrary mandatory provision.

Business Customers. Payments are non-refundable after access is activated. Cancellation stops future renewal but does not entitle the Customer to a refund or pro-rata credit for a period already started or paid for. This applies in particular to non-use, partial use, organisational changes or early termination of an annual subscription, subject to any mandatory provision or serious breach by the Seller.

Force majeure is assessed under Article 1218 of the French Civil Code: the event must be beyond the affected Party’s control, not have been reasonably foreseeable when the contract was concluded, and have effects that cannot be avoided through appropriate measures. An outage, cyberattack or supplier failure does not automatically constitute force majeure. A temporary impediment suspends the obligation unless the resulting delay justifies termination; a permanent impediment has the consequences provided by law.

The Seller may amend these Terms to reflect changes to the Service, the law, security or its practices. Material changes are brought to the Customer’s attention before taking effect. For an existing subscription, they apply from the next renewal unless a legal or security requirement necessitates earlier application.

If a provision is held invalid, the other provisions remain applicable. Failure to exercise a right does not waive it. The Customer may not assign the contract without the Seller’s prior written consent.

These Terms and the contract are governed by French law, without depriving consumers of the protection afforded by mandatory provisions of their country of residence. The Parties endeavour to resolve disputes amicably for thirty days from written notification, without preventing urgent measures or restricting any mandatory right of recourse.

CUSTOMERS CONTRACTING IN THE CAPACITY OF A TRADER (COMMERÇANT UNDER FRENCH LAW). Subject to mandatory rules and where the conditions for this clause’s validity are met, disputes between parties all contracting in the capacity of a trader fall within the exclusive jurisdiction of the Paris Commercial Court. For other Business Customers, ordinary jurisdiction rules apply.

Consumers. Consumers may bring proceedings before any court with jurisdiction under the mandatory rules of their country of residence. The jurisdiction clause for Business Customers does not apply to them.

The French version prevails over any translation provided for information.