Last updated: 10 September 2026.
1. Seller identification
The Services are sold by:
Mikael Bernard — EI, 24 rue de la Perrière, 70600 Champlitte, France
SIRET: 82116912500035 — VAT number: FR36821169125
Email address: customer@track-history.com — Phone: +33 6 45 81 17 32
2. Purpose and scope
These terms and conditions of sale (the "Terms") govern the sale of the services offered on the track-history.com domain and its application subdomain app.track-history.com (together, the "Platform").
They apply to every order placed on the Platform, to the exclusion of any other terms. The Customer confirms having read and accepted them before confirming their order.
The applicable Terms are those in force on the date of the order. A dated version is kept and can be provided on request.
3. Definitions
- Consumer: any natural person acting for purposes outside their trade, business, craft or profession.
- Business: any natural or legal person acting for purposes relating to their trade, business, craft or profession, including when acting in the name of or on behalf of another business.
- Services: all the paid or free features offered by the Platform.
- Account: the Customer's personal space on the Platform, reached with their credentials.
- Content: the data, files and information entered or uploaded by the Customer on the Platform.
4. Services offered
The Platform offers the following services, bought individually:
- Online access time: duration of access to the Platform's online features, in days, on the plan chosen (Solo, Duo or Pro), which sets the number of seats, groups and pages included.
- Additional groups: an increase in the number of groups available to organise data.
- Storage space: file storage capacity, expressed in megabytes.
- API requests: the number of requests allowed to the Platform's programming interface.
- Extra seat: one more person on the account, for a duration in days, independent of the access time.
Online access time is required to use the online features; the other services depend on it.
Free local access, working offline on the Customer's device, remains available without any purchase. Data entered in that mode is stored on the device and is not synchronised.
The main characteristics of each service are described on the order page before confirmation, in accordance with article L221-5 of the French consumer code.
Online access time may, at the Customer's choice and only on their express request, be renewed automatically under the conditions of article 12.
5. Prices and taxes
Prices are stated in euros. For Consumers, prices are displayed inclusive of all taxes; the amount excluding tax and the VAT amount are itemised in the order summary. The applicable French VAT rate is 20 %.
For a Business established in another EU member state holding a valid intra-community VAT number confirmed through the VIES system, the invoice is issued without VAT and the tax is accounted for by the customer (reverse charge, article 283-2 of the French tax code).
For a Customer established outside the European Union, the supply falls outside the scope of French VAT (article 259 B of the French tax code).
The applicable price is the one displayed when the order is confirmed. The seller may change prices at any time, with no effect on orders already confirmed.
6. Ordering
An order goes through the following steps:
- selecting the services wanted and, where applicable, entering a promotional code;
- entering the billing details (identity, address, country and, for a Business, intra-community VAT number);
- reviewing the summary showing the amount excluding tax, the VAT and the total payable, then accepting these Terms;
- confirming the payment, which constitutes acceptance of the order and carries an obligation to pay.
The Customer may correct the information entered at each step before final confirmation.
The sale is complete once the payment is collected. A confirmation is sent to the Customer and the corresponding invoice is made available in their Account.
Where the Customer asks for automatic renewal, the order page states, before validation, the amount taken at each due date, its frequency, and the fact that it continues until the Customer stops it. The request is collected through a separate, unticked checkbox.
7. Payment
Payment is made by PayPal. It is handled by PayPal, which alone collects the payment details; the seller never sees the Customer's card or bank details.
Where the Customer has asked for their access time to be renewed automatically, they give PayPal a recurring payment mandate covering only the amount and only the frequency shown on the order page. The seller sees neither the Customer's bank details nor their PayPal credentials, and cannot change either the amount or the frequency of the mandate.
Where a Business pays late, interest is due at the annual rate stated on the invoice, together with a fixed recovery indemnity of 40 euros (articles L441-10 and D441-5 of the French commercial code).
8. Supply of the Services
Purchased services are activated on the Customer's Account as soon as the payment is collected. Purchased access time is added to any time still remaining.
Purchased API requests, groups and storage space are acquired permanently and can be used without any time limit, provided the Account has active online access time.
9. Right of withdrawal
A Consumer has fourteen days from the conclusion of the contract to exercise their right of withdrawal, without giving any reason and without bearing any costs other than those provided for by law (articles L221-18 et seq. of the French consumer code).
As the Services are supplied immediately, the Consumer is asked at checkout to expressly request performance before the end of the withdrawal period and to acknowledge that they thereby lose the right of withdrawal once the service has been fully performed. This request is collected through a separate, unticked checkbox, and its date is stored with the order.
Wording collected at checkout: "I request immediate performance of the service and acknowledge that I will lose my right of withdrawal once the service has been fully performed."
If the Consumer withdraws before the service has been fully performed, they owe an amount corresponding to what has already been supplied, calculated pro rata. The balance is refunded no later than fourteen days after the request is received, using the same means of payment as the order.
To withdraw, the Consumer sends an unambiguous statement to customer@track-history.com, or uses the model form below.
Model withdrawal form
To Mikael Bernard — EI, 24 rue de la Perrière, 70600 Champlitte, customer@track-history.com:
I hereby give notice that I withdraw from my contract for the supply of the following service:
Ordered on: ……………………
Order number: ……………………
Name of consumer: ……………………
Address of consumer: ……………………
Date: ……………………
Signature (only if this form is notified on paper): ……………………
10. Legal guarantees
The seller supplies Services that conform to the contract and is liable for any lack of conformity existing at the time of supply, under articles L224-25-12 et seq. of the French consumer code on digital content and digital services.
Where the service does not conform, the Consumer may require it to be brought into conformity free of charge and, failing that, obtain a price reduction or termination of the contract. These guarantees apply independently of any commercial warranty and at no cost to the Consumer.
The seller is also liable for latent defects under articles 1641 et seq. of the French civil code.
11. Commercial refunds
Independently of the legal guarantees and of the right of withdrawal, the seller grants, as a commercial gesture, a refund of the unused part of a service on request made within thirty days of the purchase.
The refund is calculated pro rata to the unused part: remaining days for access time, unused requests for API requests, based on the price actually paid for the order.
No refund is made where the calculated amount is one euro or less, the processing costs then exceeding the sum at stake.
Examples, given for guidance only:
- an order of €100 for 10,000 API requests with no request used: €100 refunded;
- an order of €100 for 10,000 API requests with 5,000 requests used: €50 refunded.
The refund is made using the same means of payment as the order, within fourteen days of its acceptance. A credit note is issued and made available in the Customer's Account.
12. Duration and account closure
Services are sold individually. No subscription is set up by default: unless the Customer expressly asks for one, nothing is renewed, no recurring payment is set up, and no action is required to bring the contractual relationship to an end.
When online access time expires, the online features are suspended. The Customer's data is retained and becomes available again as soon as new access time is purchased. Free local access remains usable.
The Customer may request deletion of their Account at any time from their user settings. Deletion becomes final after one month, during which it can be cancelled. Invoices are kept beyond that period for the time required by law.
Automatic renewal. A Customer who expressly asked for it at checkout enters into an open-ended contract, performed in successive periods each equal in length to the access time chosen. At each due date the agreed amount is taken by PayPal, the corresponding access time is credited to the Account, and an invoice is sent to the Customer.
Termination. The Customer may stop the automatic renewal at any time, at no cost, without notice and without having to give a reason, from the orders section of the Platform, by the same electronic means used to subscribe and in a small number of clicks (article L215-1-1 of the French consumer code). Termination takes effect immediately: nothing further is taken.
Access time already paid for remains the Customer's until it runs out; termination does not shorten it and does not give rise to a refund of the current period, which has been fully performed.
As the Customer may terminate at any time and at no cost, the ability not to renew is permanently open to them, in keeping with article L215-1 of the French consumer code. Each payment is moreover invoiced to the Customer, which serves as notice that a renewal has taken place.
Where the Customer, on subscribing, requested immediate performance of the service and acknowledged losing the right of withdrawal once each period has been fully performed, that request covers the initial period and each renewed period.
The VAT rate applied to a renewal is the one determined on subscribing, from the situation the Customer declared. If that situation changes (a change of country of establishment, obtaining or losing a valid intra-community VAT number), the Customer must stop the current renewal and set up a new one so that the correct rate applies; the seller informs them of this.
If a payment fails, PayPal tries again and then suspends the mandate. The renewal stops and the Customer is told; access time already credited is not called into question, and the Customer may buy a period on its own at any time.
13. Use of the API
13.1. Access and authentication
- API access is reserved for Customers who have purchased API requests. Access keys are provided after purchase and are strictly personal and confidential.
- The Customer is responsible for the security of their keys and undertakes not to share them. Any request made with a key is deemed to come from the Customer, unless proven otherwise.
13.2. Conditions of use
- Purchased requests can be used without any time limit, as long as the Account has active online access time.
- The Customer undertakes to use the API in accordance with applicable laws and regulations and with these Terms.
- The seller may cap the number of requests per minute or per hour in order to preserve availability of the service for all Customers.
13.3. Abusive use
- In the event of manifestly abusive use of the API, in particular deliberate saturation of the service, the seller may suspend API access after informing the Customer and after a formal notice has gone unheeded, save in a demonstrable emergency.
- Suspension or termination on that ground entitles the Customer to a refund of unused requests under article 11, without prejudice to any damages owed to the seller.
13.4. Intellectual property
- The API and all its components remain the exclusive property of the seller.
- The Customer is granted a personal, non-exclusive right to use the API, limited to the duration of the contractual relationship and to the needs of their activity. Any unauthorised reproduction or exploitation is prohibited.
14. Customer obligations
The Customer undertakes to:
- provide accurate information when creating their Account and placing orders, and keep it up to date, in particular their billing details;
- keep their credentials confidential and report without delay any unauthorised use of their Account;
- not use the Platform to store or distribute unlawful content, nor in a way that infringes the rights of third parties.
The Customer remains solely responsible for the Content they enter on the Platform, for its lawfulness and, where they process personal data of third parties, for compliance with the applicable rules.
15. Availability and maintenance
The seller uses reasonable means to keep the Platform accessible. No contractual availability level is guaranteed for the standard offers.
Scheduled maintenance likely to interrupt the service is announced in advance where possible. The seller may change the Platform's features; any change removing an essential feature during a paid access period entitles the Customer to the pro rata refund set out in article 11.
16. Liability
The seller has an obligation of means as regards the operation of the Platform.
Towards a Business, the seller's liability is limited to direct and foreseeable damage and may not exceed the sums actually paid by that Business over the twelve months preceding the triggering event.
Nothing in these Terms excludes or limits the seller's liability for wilful misconduct, gross negligence or personal injury, nor the protection that consumer law affords to a Consumer.
17. Personal data
The seller processes the Customer's personal data as a controller, for account management, order fulfilment, invoicing and platform security.
The processing operations, legal bases, retention periods and the way to exercise your rights are detailed in the Privacy Policy.
18. Intellectual property
All the material making up the Platform remains the exclusive property of the seller.
Content entered by the Customer remains their property. The Customer grants the seller, for the duration of the contractual relationship only, the right to host, reproduce and display that Content strictly as necessary to provide the Services.
19. Force majeure
Neither party may be held liable for a failure caused by an event of force majeure within the meaning of article 1218 of the French civil code. Where the impediment is permanent, the contract is terminated by operation of law and the sums corresponding to services not supplied are refunded.
20. Changes to the Terms
The seller may amend these Terms. The Terms applicable to an order are those accepted when it was confirmed; a later amendment has no effect on orders already placed.
21. Complaints and mediation
Any complaint may be addressed to customer@track-history.com. The seller undertakes to acknowledge receipt and to reply within a reasonable time.
After making a written complaint to the seller that has not been resolved satisfactorily, a Consumer may refer the matter free of charge to the following consumer mediator, within one year of that written complaint:
SAS Médiation Solution
222 chemin de la Bergerie, 01800 Saint-Jean-de-Niost, France
22. Applicable law and disputes
These Terms are governed by French law.
A Consumer residing in another EU member state keeps the benefit of the mandatory protective provisions of the law of their country of residence, and may bring proceedings either before the French courts or before those of their own domicile, in accordance with articles 17 to 19 of regulation (EU) no. 1215/2012.
Disputes between the seller and a Business fall within the exclusive jurisdiction of the courts of the seller's registered office.