Plans, Options and Usage Credits Policy

Below you will find the rules applicable to the plans, options and usage credits offered to sellers on our platform (the "Platform"), which we will call the "Plans Policy". This policy forms part of our Terms of Use and supplements our Sellers' Rules. When you subscribe to a plan, an option or usage credits, you accept this policy.

1. Purpose and scope

   Plans, options and usage credits are services developed, operated and administered by the Swiss company Mimelis SA, the sole entity with legal personality. Any reference to "Mimelis", "we", "our" or "us" in this policy must be understood as a reference to Mimelis SA. The terms "you" or "your" refer to the company, organisation or person holding the Mimelis Seller account.

   This policy governs the subscription, billing, modification and termination of plans, options and usage credits, as well as the rights and obligations arising from them. It applies as soon as you hold a Mimelis Seller account, including where you remain on the Base plan.

   This policy does not replace the Sellers' Rules: the rules on sales, reservations, pick-up, delivery and customer service continue to apply in full. In the event of a contradiction on the subjects covered here alone, namely plans, features, quotas, options, the billing cycle, applicable fees and usage credits, this policy prevails.

2. Definitions

   Here are some important definitions:

   • Plan: the set of features, quotas and Transaction Fees associated with your Mimelis Seller account.
   • Transaction Fees: the single commission charged on each paid order, as defined by the Sellers' Rules, combining the transaction fees and the fees relating to payment processing.
   • Base plan: the free plan, applied by default to any Mimelis Seller account that has not subscribed to a paid plan.
   • Paid plan: any plan giving rise to a subscription, whatever its commercial name.
   • Subscription: the recurring payment commitment corresponding to a paid plan and, where applicable, to its options.
   • Feature: a capability of the Platform that a plan does or does not open up.
   • Quota: the maximum quantity that a feature allows (for example a number of images, points of sale, employee accounts or SMS messages).
   • Option: a paid service that adds a quantity or a feature to your plan without changing it.
   • Billing cycle: the frequency, monthly or annual, at which your subscription is billed.
   • Current period: the billing period already paid for, running until the next due date.
   • Usage-based service: a service whose consumption is counted per unit once the limit included in your plan has been reached.
   • Usage credits: a prepaid reserve, expressed in Swiss francs, used exclusively to fund usage-based services.
   • Automatic top-up: the automatic purchase of usage credits triggered when your balance falls below a threshold you have set.
   • Monthly spending limit: the monthly cap on usage credits that you agree to consume.
   • Billing: the area of your Mimelis Seller account where your plan, your options, your payment method and your invoices are managed.
   • Usage: the area of your Mimelis Seller account where your usage credits are managed and where the history of your movements appears.

3. What the plan determines

   • Your plan determines the features you have access to, the quotas that limit them and the amount of your Transaction Fees.
   • Each plan contains everything the preceding plan contains and adds to it. The Base plan constitutes the foundation applicable to any Mimelis Seller account.
   • The exact content of each plan, its quotas and its price are presented on the plans page of the Platform and in Billing. These elements form an integral part of this policy and are binding on you in the version in force at the time of your subscription or renewal.
   • Subscribing to a plan confers no vested right to any specific feature, nor any exclusivity, nor any processing priority other than that expressly announced by the plan.
   • Compliance with quotas is monitored by the Platform. The information displayed in your Mimelis Seller account is provided for information purposes; in the event of a discrepancy, the state recorded by our systems prevails.

4. Subscription and start of billing

   • The Base plan is free and does not give rise to any subscription. You are attached to it by default, with no action on your part.
   • Paid plans are subscribed to from Billing and require the prior registration of a valid payment method.
   • The features of your plan are active as soon as you subscribe. Billing, however, starts when your point of sale is published. The period between subscription and publication is not billed.
   • The first invoice is issued when your point of sale is published. It is this date that sets your billing cycle and your subsequent due dates.
   • As long as your point of sale is not published, any change of plan is immediate and free of charge.
   • No plan imposes a minimum duration or a commitment period.
   • The publication of a point of sale remains subject to our validation under the conditions laid down by the Sellers' Rules. We do not guarantee any validation time, and a validation that is delayed or does not succeed gives no right to any compensation.

5. Prices, taxes and currency

   • The prices of plans, options, usage-based services and usage credits are expressed in Swiss francs (CHF) and exclusive of tax, unless expressly stated otherwise.
   • Value added tax, where applicable, is added to the amounts announced. The total payable is presented to you before each confirmation.
   • You remain responsible for all taxes and contributions incumbent on you in respect of your business, under the conditions laid down by the Sellers' Rules.
   • In the event of a manifest error in a displayed price, we reserve the right to correct it. No subscription may be invoked against Mimelis on the basis of a manifestly erroneous price; where applicable, you are informed and free to withdraw from the subscription concerned.

6. Billing cycle

   • Your plan is paid monthly or annually. The cycle determines the frequency and the amount of your invoices; it does not change the features or the quotas of your plan.
   • The annual commitment is offered at an advantageous rate compared with twelve months paid one by one. This advantage is the consideration for the advance payment of the annual period.
   • The cycle is chosen at subscription and can then be changed from Billing.
   • Switching to the annual cycle takes effect immediately and opens a twelve-month period from the day of the change. The time remaining on the current monthly period is credited and deducted from the amount billed on the same day. The next due date falls one year after the day of the switch; the day of the month on which you were previously charged is not retained.
   • Returning to the monthly cycle takes effect at the end of the current year. Your plan remains active until that date, unchanged, and monthly billing starts at the end of it. No refund is granted for the period already paid.
   • A scheduled change of cycle may be cancelled as long as it has not taken effect.
   • On an annual cycle, the billing period is the year. Any rule in this policy referring to "the end of the current period" is then understood to mean the end of that year.

7. Changing plan

   • You may change plan at any time from Billing, with no limit on frequency.
   • Upgrading. The change takes effect immediately. The time remaining on the period already paid is credited and deducted from the amount billed on the same day. The details of the calculation are presented to you before confirmation.
   • Downgrading. The change takes effect at the end of the current period. Your current plan remains active until that date. No refund is granted for the period already paid, and the change may be cancelled as long as it has not taken effect.
   • A downgrade is refused as long as your usage exceeds the quotas of the target plan. It is up to you to bring your usage within the limits of the target plan before requesting the change again.
   • A change of plan does not call into question the amounts already billed, nor the usage credits already acquired.

8. Quotas, overages and consequences of a downgrade

   • A place provided for by a quota is deemed occupied as soon as the corresponding item is created, regardless of its activity or its publication. Deleting or deactivating the item frees up the place.
   • When you downgrade or remove an option, whatever exceeds the quotas without constituting active usage ceases to be displayed publicly, for example images and videos beyond the number included, the logo or the badges. Nothing is deleted, and display is restored if you upgrade again or subscribe to the option again.
   • Your content and your data remain stored in your account under the conditions laid down by our Terms of Use and our Privacy Policy. This policy creates no additional retention obligation.
   • We reserve the right to bring an account back within the limits of its plan where an overage persists, in particular following a termination, an unpaid invoice or the end of a derogation. You are informed beforehand where this is reasonably possible.
   • Quota monitoring is a matter for our systems. Any measure aimed at circumventing a quota, at distorting its count or at obtaining a feature that is not opened up by your plan constitutes a breach of this policy.

9. Options

   • An option adds a quantity or a feature to your plan without changing it. The available options, their content and their price appear in Billing.
   • Activating an option is immediate and billed pro rata to the time remaining on the current period. The amount is announced to you before confirmation. The option is then billed at each due date, according to the cycle of your subscription.
   • Removing an option takes effect at the end of the current period. On an annual cycle, the option remains due and billed until the end of the year. No refund or credit note is granted in respect of the removal of an option.
   • An option whose places are occupied cannot be removed: it is up to you to free one up beforehand.
   • Your options are carried over when you change plan or cycle. An option that the new plan includes is absorbed into it and ceases to be billed separately.
   • An option confers only the quantity or the feature it describes. It changes neither your Transaction Fees nor the other quotas of your plan.

10. Transaction Fees

    • Transaction Fees are charged on each paid order. The percentage and the fixed amount that make them up are determined by your plan.
    • The percentage and the fixed amount applicable to your account appear on the plans page and in your Mimelis Seller account. They prevail over any other indication of fees appearing in the Sellers' Rules.
    • A change of plan alters the applicable Transaction Fees from the date the change takes effect. Earlier orders remain subject to the fees in force at the time they were confirmed.
    • Transaction Fees remain governed, as regards their collection and their summary statement, by the Sellers' Rules, which provide for their deduction from the amounts we pay you.
    • Subscription fees, option fees and purchases of usage credits follow a separate route: they are not deducted from your payment account, but settled on the payment method registered in Billing, and are the subject of their own invoices.

11. Usage credits

    • Usage credits are a prepaid reserve, expressed in Swiss francs exclusive of tax, attached to your organisation. They are used exclusively to fund usage-based services beyond the limit included in your plan.
    • Usage credits constitute neither a means of payment, nor a claim, nor electronic money. They are neither assignable, transferable nor exchangeable, and may not be used to settle a subscription, an option, Transaction Fees or any other sum owed to Mimelis.
    • Usage credits are available from the Pro plan onwards. They do not replace a right that your plan does not grant: where a feature is not included in your plan, or where the corresponding option has not been subscribed to, no credit balance opens it up.
    • Usage credits are activated and deactivated from Usage. Deactivation entails the deactivation of automatic top-up; your balance is retained and becomes usable again if you reactivate.
    • Credits do not expire and remain available from one month to the next as long as they have not been consumed. They are acquired as soon as they are purchased and give rise to no refund, credit note or compensation, including in the event of a downgrade, a termination or the closure of the account, save for any mandatory statutory provision to the contrary.
    • Each debit gives rise to an entry in the history of movements, stating the service concerned, the amount and the remaining balance. An invoice is issued for each purchase of credits.
    • By activating automatic top-up, you expressly authorise Mimelis to debit the registered payment method, on a recurring basis, for the amount needed to bring your balance up to the level you have set, each time it falls below the threshold you have fixed. This authorisation remains valid until it is revoked by deactivating automatic top-up.
    • If the payment method is declined during an automatic top-up, the top-up does not take place and no further attempt is made until you have regularised your payment method. Your usage-based services are suspended in the meantime.
    • The monthly spending limit is a cap that you set freely. Once it is reached, your usage-based services are suspended until the following month, even if your credit balance remains positive. This suspension results from your own settings and does not engage the liability of Mimelis.

12. Usage-based services

    • Certain services are included in your plan up to a monthly limit, then billed per unit beyond that limit. The list of these services, their included limit and their unit price appear in your Mimelis Seller account.
    • As long as the included limit has not been reached, the service gives rise to no deduction. Beyond it, each unit consumed is debited from your usage credits.
    • Where nothing can any longer fund an action, whether because credits are deactivated, the balance is insufficient, automatic top-up is inactive or declined, or the monthly limit has been reached, the action is not carried out. You are informed of this by email.
    • SMS alerts depend on third-party telecommunications operators. We guarantee neither the time taken nor the proper receipt of a message, and a message not delivered for a cause not attributable to us is still counted.
    • You are solely responsible for the telephone numbers you register and warrant that you have the consent of their holders to receive these messages. Each verified number receives its own message, and each message is counted separately.
    • The suspension of a usage-based service does not affect the operation of your point of sale: your orders remain visible in your Mimelis Seller account and email notifications continue to reach you.

13. Payment methods and direct debit authorisation

    • Settlement of your subscription, your options and your purchases of usage credits is made using the payment method you register in Billing. This payment method is common to those three uses.
    • You undertake to maintain a valid payment method at all times for as long as you hold a paid plan, an option or an active automatic top-up.
    • The Platform uses the secure payment provider Stripe. Payment processing services are provided by Stripe and subject to the Stripe Services Agreement. By subscribing, you agree to be bound by that agreement and authorise Mimelis to pass on to Stripe the information necessary for payment processing.
    • By subscribing to a paid plan or an option, you expressly authorise Mimelis to debit the registered payment method for the amount due at each due date, as well as for any additional amount resulting from a modification of your subscription. This authorisation remains valid for as long as an active payment method is retained or until it is expressly revoked, subject to the sums due.

14. Invoices

    • Each subscription due date gives rise to an invoice, which can be viewed and downloaded from Billing.
    • Each purchase of usage credits, including by automatic top-up, gives rise to an invoice, which can be viewed from the history of movements in Usage.
    • Transaction Fees continue to be the subject of the periodic summary statement provided for by the Sellers' Rules.
    • Any dispute concerning an invoice must be sent to us within thirty days of its issue. After that period, the invoice is deemed accepted.

15. Payment default

    • In the event of a failed payment, your subscription remains active at first. A message in Billing invites you to update your payment method and to settle the outstanding invoice.
    • A prolonged non-payment entails the suspension of the paid plan. Your point of sale then returns to the Base plan, with the corresponding features, quotas and Transaction Fees, and continues to sell.
    • The sums due remain payable despite any suspension or return to the Base plan. No refund or compensation is granted for a period of suspension.
    • We reserve the right to set off any sum due against the amounts we hold on your behalf, and to take any measure necessary to recover the amounts due in accordance with Swiss law.

16. Termination

    • You may terminate your subscription at any time from Billing, without reason and without termination fees.
    • Termination takes effect at the end of the current period. Your features remain active until that date, after which your point of sale returns to the Base plan and continues to sell. No refund is granted for the period already paid.
    • Terminating a subscription does not put an end to your Mimelis Seller account, nor to the Sellers' Rules, nor to our Terms of Use, which continue to apply.
    • We may terminate or suspend a paid plan, an option or access to usage credits in the event of a breach of this policy, of the Sellers' Rules or of our Terms of Use, as well as in the cases of limitation, suspension and termination provided for by our Terms of Use.
    • The closure of your Mimelis Seller account automatically brings the subscription, the options and the usage credits to an end, without prejudice to the sums remaining due.

17. Changes to plans, options and prices

    • We may change the content of plans and options at any time, in particular by adding, modifying or removing features, in order to improve the Platform. A change that does not substantially alter the balance of your plan may take place without prior notification.
    • Any price increase, any increase in your Transaction Fees and any substantial removal of a feature or a quota are communicated to you beforehand. These changes take effect at the start of the billing period following their communication.
    • If you do not accept such a change, you may change plan or terminate your subscription before it takes effect. Continued use of your plan beyond that date constitutes acceptance.
    • We may also change the list of usage-based services, their included limits and their unit prices. An increase in a unit price is communicated to you beforehand and applies only to consumption occurring after it takes effect.
    • We may update this policy under the conditions laid down by our Terms of Use.

18. Derogations and special conditions

    • We may grant an account, at our discretion, a derogation relating to a quota, a feature or a price. A derogation is personal, non-transferable and revocable; it creates no vested right and does not extend to any other account.
    • When a derogation comes to an end, the ordinary conditions of the plan apply again, and the quota overage rules laid down in this policy become applicable.
    • Where special conditions have been agreed with you in writing, they prevail over this policy only to the extent of what they expressly provide.
    • The Associations plan is reserved for entities able to demonstrate the status of an association or a non-profit organisation. You undertake to inform us without delay of any loss of that status; failing which, we may attach your account to the plan corresponding to your situation.

19. Availability, warranties and limitations of liability

    • Plan features, options and usage-based services are provided "as is" and "as available". They depend on technical systems and third-party providers, in particular for payment and for sending messages.
    • Subscribing to a plan or an option in no way constitutes a guarantee of visibility, traffic, number of orders or commercial result.
    • Mimelis cannot be held liable for temporary interruptions, breakdowns, delays or indirect damage resulting from the use of these services, within the limits laid down by our Terms of Use.
    • The limitations of liability laid down by our Terms of Use apply in full to this policy.

20. Governing law and jurisdiction

    This policy is governed by Swiss law. Unless otherwise provided by law, the place of jurisdiction is Geneva, Switzerland, in accordance with our Terms of Use.

21. Contact

    For any question relating to your plan, your options or your usage credits, you can reach us from the dedicated support in your Mimelis Seller account or by email at producteur@mimelis.ch.