Terms of service

These terms of service (the "Terms") govern access to and use of the Primavera service, available at primaverapp.com and provided by PRIMAVERA SAS ("Primavera", "we", "us").

By accessing or using the Service, you agree to be bound by these Terms. If you do not accept them, do not use the Service.

These Terms also exist in French. If you use Primavera in English, these English Terms apply to you.

PRIMAVERA SAS may change these Terms at any time. Changes take effect when they are published on the website. It is your responsibility to review the Terms regularly.

• "Service" means the Primavera platform and all of its features.
• "User" means any individual or legal entity that has created an account on the Service.
• "Credit" means the unit of consumption of the Service, deducted when a business is exported and when the enrichment tools and the assistant are used, under the rules in section 5.
• "Lead" means a business or a business contact identified through the Service.
• "Enrichment" means the process of adding information to a lead (email, phone number, and so on).
• "Subscription" means a monthly plan that gives access to the Service.

Primavera is a B2B lead generation platform that lets Users:

• Search for businesses by location and industry
• Browse a catalog of businesses built from public sources: Google Maps listings and business websites
• Enrich business profiles with contact information (email, phone number, owner or executive name)
• Export data in CSV and Excel formats
• Manage and organize their prospects

The Service is provided "as is," and PRIMAVERA SAS does not guarantee that the data is complete, accurate or permanently available.

To use the Service, you must create an account with accurate and complete information. You agree to:

• Be of legal age and have the legal capacity to enter into a contract
• Provide truthful information when you sign up
• Open only one account per person or per company: opening several accounts to get around a limit of the Service is prohibited
• Keep your login credentials confidential
• Notify PRIMAVERA SAS immediately of any unauthorized use of your account

You are solely responsible for all activity under your account.

The Service runs on credits:

• Searching the catalog, counting matching businesses and previewing results are free.
• Exporting a business costs 1 credit, whatever its record contains; a business already delivered to your account is never charged again. On the Agency plan, exports are included at no credit cost, within the limits of fair use (section 8).
• Verifying the email addresses of a list is started from the list and costs 1 credit per verified address, on every plan; an address whose check does not complete is not charged. A list created with "Has email" reserves this verification when it is created.
• AI filters, Website summaries and Ask the website cost 1 credit per row analyzed, even when the result is negative or undetermined. A technical error that produces no result, or a website that cannot be reached, is not charged. The Decision makers enrichment costs 2 credits per business with at least one owner or executive delivered in France and 10 in the United States, and nothing otherwise.
• Each message sent to the assistant costs 5 credits, except for free shortcuts identified by the Service. A message that receives no response at all from the model is refunded in credits, with their original expiration date.
• The Pro plan, at $59 per month (€49 per month excluding VAT if you pay in euros), includes 10,000 credits per month. The Agency plan, at $119 per month as a launch offer (regular price: $239 per month), or €99 per month excluding VAT (regular price: €199 per month), includes exports and 100,000 credits per month for all other uses. Top-ups, starting at $20, require an active subscription and are sold at that plan's credit price.
• Unused subscription and top-up credits carry over for one additional monthly period, then expire. Credits that expire soonest are used first.
• A plan change takes effect at renewal, and your credits keep their validity period. When your subscription ends, your credits remain usable until the end of your last paid period, then expire with no automatic refund. A pending renewal gets a 72-hour grace period on credits already acquired; a temporary suspension does not cancel credit batches before they expire.
• Credits carried over from Primavera V1, the previous version of the Service, do not expire, even without a subscription or after cancellation. They are not subject to the expiration rules of credits purchased since.

Purchased credits are non-refundable, except in the event of a proven malfunction of the Service attributable to PRIMAVERA SAS, or as an exceptional goodwill gesture reviewed case by case, with no guarantee of approval.

Prices and terms for each plan are listed on our pricing page.

• Subscriptions are billed monthly and renew automatically
• Payments are processed securely by our payment provider, Stripe
• You can cancel your subscription at any time from your account
• Cancellation takes effect at the end of the current billing period
• Prices are shown in euros or in US dollars. The currency of your first payment becomes your account's currency for all later payments
• Prices exclude taxes. Any applicable tax (such as VAT, or US sales tax in a state where we are registered to collect it) is added at checkout

PRIMAVERA SAS may change its prices. Any change will be notified 30 days before it takes effect.

By using the Service, you agree to:

• Use the Service in compliance with the law and these Terms
• Not resell, redistribute or commercialize data obtained through the Service without prior authorization
• Comply with applicable data protection law, such as the GDPR, when using leads
• Not use the Service for spam or abusive solicitation
• Not attempt to get around the technical limits of the Service
• Not use automated means (bots, scripts) to access the Service other than through the official API
• Not use the Service, or any data obtained through it, to decide whether a person is eligible for credit, employment, insurance or housing, or for any other purpose governed by the Fair Credit Reporting Act (FCRA)
• Use the Service for business purposes only, and never as an individual for personal, family or household purposes

Any breach of these obligations may lead to the suspension or termination of your account without notice or refund.

Exports included in the Agency plan are subject to a fair use rule, published on our fair use policy page. Its only purpose is to stop one account from taking an entire country in a month:

• An account can export up to 10% of a country's businesses in any rolling 30-day period, capped at 2 million; this limit can be lifted for an account after we verify the company that holds it
• A list has at most 50,000 rows, and only one list is exported at a time
• Downloading a list again, or getting a business you already have in a new list, never counts
• Opening several accounts to get around this rule is prohibited

In case of clear abuse, PRIMAVERA SAS may suspend the included exports after notifying the User. Large-scale or automated searches may be limited, and access may be temporarily suspended in case of abnormal use.

The Service is also available through an application programming interface (the "API"), described in its documentation:

• API access is reserved for Users with an active Pro or Agency subscription
• API calls use the same credit balance as the Service, at the same prices (section 5); a category suggestion requested through the API costs 100 credits
• The number of requests is limited; the current limits are listed in the documentation
• The API key is personal: the User keeps it secret and is responsible for its use. The User can revoke it at any time from their account
• PRIMAVERA SAS may suspend a key or access to the API in case of abuse

The Service, its content and its technology are protected by the intellectual property rights of PRIMAVERA SAS.

The User receives a limited, non-exclusive and non-transferable license to use the Service for the duration of their subscription. This license only allows use of the Service for its intended purpose and in accordance with these Terms.

Any unauthorized reproduction, modification, distribution or exploitation of the Service is strictly prohibited.

Personal data: how we process your personal data is described in our privacy policy.

Lead data: lead data is collected from public sources. The User is solely responsible for how they use this data and must make sure they comply with applicable law, including the GDPR and privacy, anti-spam and telemarketing laws such as the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), the National Do Not Call Registry and state Do Not Call lists.

PRIMAVERA SAS cannot be held responsible for how the User uses the data.

PRIMAVERA SAS works to provide a quality Service but cannot guarantee:

• The accuracy, completeness or timeliness of the data provided
• The permanent and uninterrupted availability of the Service
• The absence of bugs or errors
• The business results obtained with the Service

In no event will PRIMAVERA SAS be liable for indirect damages, lost profits, loss of data or business losses resulting from the use of, or inability to use, the Service.

The total liability of PRIMAVERA SAS will not exceed the amounts paid by the User over the previous 12 months.

You agree to indemnify, defend and hold harmless PRIMAVERA SAS and its officers, employees and contractors against any claim, action or demand brought by a third party or an authority, and against the damages, fines, costs and expenses that result from it (including reasonable attorneys' fees), arising out of or related to:

• Your use of the Service
• Your use of data obtained through the Service, including the emails, calls and text messages you send
• Your breach of these Terms
• Your violation of any law or of the rights of a third party

PRIMAVERA SAS may change these Terms at any time.

In case of a material change, Users will be informed by email at least 30 days before the new terms take effect.

Continuing to use the Service after the changes take effect means that you accept the new Terms.

By the User: you can close your account at any time from your account settings or by contacting our support team.

By PRIMAVERA SAS: we may suspend or terminate your account without notice in case of:

• A breach of these Terms
• Failure to pay amounts due
• Fraudulent or abusive use of the Service
• Conduct that harms the Service or other Users

If your account is terminated because of a breach on your part, no refund will be made.

These Terms are governed by French law. This applies wherever you are located, including in the United States.

In the event of a dispute about the interpretation or performance of these Terms, the parties agree to seek an amicable solution before taking any legal action.

If no amicable agreement is reached, any dispute will be subject to the exclusive jurisdiction of the courts of Paris, France.

For any question about these Terms, contact us at contact@primaverapp.com.