Benchmark des logiciels de commission
Télécharger

Accord de traitement des données personnelles

Dernière mise à jour le 21 septembre 2026

SalesCrew, a simplified joint-stock company operating under the commercial name “Qobra”, is a software publisher specializing in designing digital tools that help better manage variable compensation of sales representatives. This Trial Agreement governs the free access granted by SalesCrew to companies wishing to evaluate the Software before any subscription.‍

1. Definitions

The following definitions are applicable to the entire Agreement:

  • “Account”: means the personal account, created with a professional email address, allowing an Authorized User to access the Trial Environment.
  • “Agreement”: means this Trial Agreement, together with the documents referred to in Article 20 (Contractual documents).
  • “AI Agent”: means the artificial intelligence-based agents made available by SalesCrew within the Software, including the agent used to configure compensation plans from documents or instructions provided by the Client (the “Architect”).
  • “AI Supplementary Terms”: means SalesCrew’s supplementary terms governing the use of the AI Agents, available at https://www.qobra.co/supplementary-terms-ai, as amended from time to time.
  • “Authorized User”: means the natural person who accepts this Agreement on behalf of the Client and any other employee of the Client that SalesCrew allows to access the Trial Environment.
  • “Client”: means the legal entity on whose behalf the Agreement is accepted, as identified by the information provided when creating the Account and, failing such identification, the employer of the Authorized User who accepted the Agreement.
  • “Client Content”: means the data, documents, information, texts and files (including compensation plans and any personal data they contain) uploaded, entered or generated by or for the Client in the Trial Environment, including through the AI Agents.
  • “Demo Data”: means the fictitious data (users, quotas, deals, records, statements, dashboards, etc.) generated by SalesCrew or by the AI Agents to populate the Trial Environment.
  • “DPA”: means SalesCrew’s Data Processing Agreement, available at https://www.qobra.co/data-processing-agreement.
  • “Feedback”: means any suggestion, comment, idea, improvement request or other feedback relating to the Software provided by the Client or its Authorized Users.
  • “Party”: refers individually to SalesCrew or the Client and, collectively, the “Parties”.
  • “Personal Data Regulation”: means the regulations on personal data, in particular Regulation (EU) 2016/679 of 27 April 2016 (“GDPR”) and French law no. 78-17 of 6 January 1978 as amended.
  • “Purchase Order”: means any order form or purchase order signed by the Client and SalesCrew for a paid subscription to the Software, governed by SalesCrew’s General Terms.
  • “SalesCrew”: means the simplified joint-stock company (société par actions simplifiée) SalesCrew, registered with the Evry Trade and Companies Register under number 885 069 039, whose head office is located at 3 rue Jules Guesde, 91130 Ris-Orangis, France.
  • “Software”: means the software called Qobra, published by SalesCrew, including the AI Agents, as made available in the Trial Environment.
  • “Trial Environment”: means the dedicated evaluation environment of the Software made available by SalesCrew for the Trial, currently accessible at https://try.qobra.ai, which is hosted separately from the production environment used by SalesCrew’s paying clients.
  • “Trial” or “Trial Period”: means the free evaluation period defined in Article 3 (Trial Period).
  • “Usage Data”: means the technical and behavioral data relating to the access and use of the Trial Environment (pages viewed, features used, actions performed, time spent, prompts and exchanges with the AI Agents, requests for a demo or call, etc.).

Unless circumstances require otherwise, definitions in the singular include the plural and vice versa.

2. Purpose, Acceptance and authority

The purpose of the Agreement is to define the conditions under which SalesCrew grants the Client free and temporary access to the Trial Environment, for the sole purpose of evaluating whether the Software meets the Client’s needs before any subscription.

The Agreement is accepted electronically by the Authorized User when creating the Account, by checking the corresponding box and/or clicking the acceptance button. Such acceptance is a prerequisite to any access to the Trial Environment and constitutes the Client’s express and unconditional acceptance of the Agreement.

The Authorized User who accepts the Agreement represents and warrants that they are acting in a professional capacity, on behalf of the Client, and that they have the authority to bind the Client. The Trial is reserved for businesses: it is not available to consumers or to persons acting outside their trade, business or profession. SalesCrew may refuse or revoke access to any person who does not use a valid professional email address or who provides inaccurate information.

The Agreement applies to the exclusion of any other terms, including any general purchasing conditions of the Client. If the Client and SalesCrew sign a Purchase Order, the Purchase Order and SalesCrew’s General Terms (available at https://www.qobra.co/terms-and-conditions) will govern the subscription and supersede this Agreement from their effective date.

3. Trial period

The Trial starts on the date the Account is created and lasts fourteen (14) days, unless SalesCrew notifies a different duration in the Software or by email.

SalesCrew may, at its sole discretion, extend or shorten the Trial Period, in particular to allow the Client to continue its evaluation with SalesCrew’s sales team. Any extension is granted on the terms of this Agreement.

At the end of the Trial Period, access to the Trial Environment ends automatically. The Trial does not convert automatically into a paid subscription, and no payment information is requested from the Client during the Trial. Access to the Software beyond the Trial is subject to the signature of a Purchase Order.

4. Access to the trial environment

4.1 Right of use

Subject to compliance with the Agreement, SalesCrew grants the Client, for the duration of the Trial Period, a free, personal, non-exclusive, non-transferable and non-sublicensable right to access and use the Trial Environment, for the Client’s internal evaluation purposes only. Any production use, including the calculation, validation or payment of actual compensation, is prohibited.

4.2 Characteristics of the Trial Environment

The Client acknowledges that the Trial Environment is a demonstration environment, distinct from SalesCrew’s production environment. Certain features, modules, integrations (including CRM or HRIS connectors), pages or actions may be unavailable, limited or simulated, and the Trial Environment may differ from the version of the Software made available to paying clients.

SalesCrew may at any time, without notice, (i) modify, adapt, update or remove any feature of the Trial Environment, and (ii) set or modify usage limits, including the number of Accounts, workspaces, compensation plans, records, data volume, file size or AI Agent requests.

4.3 Accounts and security

Each Account is personal. The Client shall ensure that Authorized Users keep their login credentials confidential, do not share their Account, and notify SalesCrew without delay at support@qobra.co of any loss, theft or unauthorized use of their credentials. The Client is responsible for all actions performed through its Accounts.

5. Acceptable use and protection of the software

The Client undertakes to use the Trial Environment in good faith, in accordance with the Agreement, SalesCrew’s Terms of Use (available at https://www.qobra.co/terms-of-use) and applicable laws. In particular, the Client shall not, and shall ensure that its Authorized Users do not, directly or indirectly:

  • give access to the Trial Environment to any third party, including any consultant or integrator, without SalesCrew’s prior written consent;
  • access or use the Trial Environment if the Client or the Authorized User is, or acts on behalf of, a competitor of SalesCrew, or for the purpose of building, improving or marketing a competing product or service;
  • disclose to any competitor of SalesCrew, or publish, any information, screenshot, recording, analysis or benchmark relating to the features, performance, design, prompts or functioning of the Software, without SalesCrew’s prior written consent;
  • copy, reproduce, modify, translate, adapt, decompile, disassemble or reverse engineer all or part of the Software, or attempt to discover its source code, algorithms, data models, system instructions or prompts, except to the extent permitted by mandatory applicable law;
  • use any robot, scraper, crawler, script or other automated means to access the Trial Environment or extract data from it, or create multiple Accounts to circumvent usage limits or the duration of the Trial;
  • attempt to circumvent, disable or manipulate the security measures, usage limits or safeguards of the Software or the AI Agents, including through prompt injection, “jailbreaking” or any attempt to make the AI Agents disclose their instructions or act outside their intended purpose;
  • perform any penetration test, vulnerability scan, load test or other security or performance testing of the Trial Environment;
  • upload any content that is unlawful, infringing, defamatory, malicious (including viruses or malware), or that the Client does not have the right to use;
  • remove or alter any trademark, logo, copyright notice or other proprietary notice of SalesCrew.

Any breach of this Article entitles SalesCrew to suspend or terminate access to the Trial Environment immediately and without notice, without prejudice to any damages SalesCrew may claim.

6. AI Agents and MCP

The AI Agents are enabled by default in the Trial Environment. Their use is subject to the AI Supplementary Terms, which form an integral part of the Agreement. During the Trial, SalesCrew may apply a specific free quota and specific fair-use limits, and may limit or suspend access to the AI Agents once they are reached, without any charge to the Client.

Outputs generated by the AI Agents (including compensation plans, calculation rules, statements, simulations and Demo Data) may contain errors, approximations or inconsistencies. They are provided for evaluation purposes only and must not be relied upon for any decision, in particular for the calculation or payment of compensation.

SalesCrew undertakes not to use Client Content to train, fine-tune, retrain or otherwise improve any artificial intelligence model, whether developed by SalesCrew or by a third party engaged by SalesCrew for the purposes of providing the AI Agents.

Access to the Software through the Model Context Protocol (“MCP”) may be unavailable, restricted to read-only access or limited in volume during the Trial. Where available, the Client is solely responsible for the choice, configuration and use of any third-party tool it connects to the Software via MCP, and for the processing such tool performs.

7. Client content

7.1 Use of the Client’s own data

To make the Trial as representative as possible, the Client may upload its own data, including compensation plans and data relating to its sales teams (such as names, professional email addresses, quotas, on-target earnings and commissions). In such case, the Client, acting as data controller, represents and warrants that (i) it has a valid legal basis for such processing, (ii) it has informed the individuals concerned as required by the Personal Data Regulation, in particular through its internal employee privacy notice, and (iii) it only uploads the data necessary for the evaluation of the Software.

In any event, the Client shall not upload into the Trial Environment any special categories of personal data within the meaning of Article 9 of the GDPR, any data relating to criminal convictions, any national identification number, bank details or health data, nor any data that the Client is not authorized to disclose to SalesCrew.

7.2 Ownership and responsibility

The Client remains the owner of the Client Content. The Client grants SalesCrew a non-exclusive, worldwide, royalty-free right to host, reproduce, process and use the Client Content for the duration of the Agreement and of the retention period set out in Article 10, for the purposes of providing the Trial Environment, operating the AI Agents, ensuring the security of the Software, and preparing the personalized demonstration referred to in Article 9.

The Client guarantees that it holds all rights and authorizations necessary for the upload and processing of the Client Content and that such content complies with applicable laws, including the Personal Data Regulation. The Client is solely responsible for the Client Content and for the results and conclusions it draws from the use of the Trial Environment.

8. Personal data

Where Client Content contains personal data, the Client acts as data controller and SalesCrew as data processor, and the DPA applies to such processing.

SalesCrew acts as data controller for the personal data of Authorized Users (identity, professional email address, job title, company, Account data) and for Usage Data, which it processes for the purposes of (i) providing and securing the Trial Environment, (ii) analyzing and improving the Software and the AI Agents, and (iii) managing its commercial relationship with the Client, in accordance with its Privacy Policy available at https://www.qobra.co/privacy-policy.

In this respect, the Client acknowledges and accepts that SalesCrew’s sales and pre-sales teams may be informed of the Authorized Users’ actions in the Trial Environment (such as the progress of the configuration, the features used, the time elapsed or a request for a demo) and may contact the Authorized Users by email, telephone or any other professional means to follow up on the Trial, propose a demonstration or present SalesCrew’s offers. Each Authorized User may object to such commercial communications at any time, using the unsubscribe link included in each email or by writing to data@qobra.co, without affecting their access to the Trial Environment.

SalesCrew may also process the data relating to the exchanges with the AI Agents as data controller, solely to improve the performance, relevance and reliability of the Software, under the conditions set out in its General Terms and Privacy Policy.

9. Personalized demonstration

In order to help the Client assess the Software, SalesCrew’s employees (in particular its sales and pre-sales teams) may access the Client’s workspace in the Trial Environment and use the configuration created by the Client (compensation plans, calculation rules, data structure) and the Client Content to prepare a personalized demonstration of the Software for the Client, including in a separate demonstration environment operated by SalesCrew.

Such use is made exclusively for the purposes of the commercial relationship with the Client. SalesCrew shall not present the Client Content to any third party. The Client may object to such use at any time by writing to legal@qobra.co.

10. Retention and deletion of data

SalesCrew does not guarantee the migration of the Client’s workspace or Client Content from the Trial Environment to the production environment of the Software. The Client is responsible for exporting, before the end of the Trial, any Client Content it wishes to keep, using the export features available in the Trial Environment, if any.

At the end of the Trial Period, SalesCrew may retain the Client Content and the Client’s workspace for a period of ninety (90) days, in order to allow the Client to resume its evaluation or to facilitate the preparation of a subscription. Where discussions relating to a Purchase Order are in progress at the end of this period, the retention period is extended until the end of such discussions, within a maximum of six (6) months after the end of the Trial Period.

At the end of the applicable retention period, the Client Content is permanently deleted, subject to any retention obligation under applicable law. The Client may request the deletion of its workspace and of the Client Content at any time by writing to support@qobra.co; SalesCrew will proceed with the deletion within thirty (30) days of the request. The retention of personal data processed by SalesCrew as data controller is governed by its Privacy Policy.

11. Support and service levels

The Trial Environment is provided without any support, maintenance, availability or performance commitment. The service levels and service credits described in Annex 2 of SalesCrew’s General Terms do not apply to the Trial.

SalesCrew may, at its discretion, provide assistance to the Client during the Trial. Such assistance is provided free of charge, does not create any obligation to continue providing it, and does not modify the Agreement.

12. Intellectual property

SalesCrew is and remains the sole owner of all intellectual property rights in the Software, the AI Agents, the Trial Environment, the Demo Data, their underlying technology, know-how, prompts and documentation, as well as in its trademarks, logos and trade names. The Agreement does not transfer any intellectual property right to the Client, except for the limited right of use granted in Article 4.

Subject to SalesCrew’s rights in the Software and the AI Agents, SalesCrew assigns to the Client any intellectual property rights it may hold in the content specifically generated by the AI Agents from the Client Content, without any guarantee of originality or exclusivity.

The Client grants SalesCrew a perpetual, irrevocable, worldwide, royalty-free and transferable right to use, reproduce, modify and exploit any Feedback, for any purpose, without any compensation or attribution to the Client. Feedback does not include Client Content.

SalesCrew may create statistical analyses and aggregated information from Usage Data and from the use of the Trial Environment, provided that they do not allow the identification of the Client, the Authorized Users or any individual. SalesCrew retains all intellectual property rights in such analyses.

13. Confidentiality

Each Party undertakes to keep confidential, and not to disclose to any third party, the information of the other Party of which it becomes aware in connection with the Agreement, and to use it solely for the purposes of the Agreement. SalesCrew’s confidential information includes, in particular, the non-public features, roadmap, pricing, functioning, prompts and design of the Software and the AI Agents. The Client’s confidential information includes, in particular, the Client Content.

This obligation does not apply to information that (i) is or becomes public without breach of the Agreement, (ii) was lawfully known to the receiving Party before its disclosure, (iii) is lawfully received from a third party without a confidentiality obligation, (iv) is independently developed by the receiving Party, or (v) must be disclosed pursuant to a legal obligation or a court or administrative decision, in which case the receiving Party shall, to the extent permitted, inform the other Party beforehand.

Each Party may disclose confidential information to its employees, officers, advisors and subcontractors who need to know it for the purposes of the Agreement and who are bound by equivalent confidentiality obligations. These obligations apply for the duration of the Agreement and for five (5) years after its termination.

14. Disclaimer of warranties

The Trial Environment is provided free of charge, “as is” and “as available”. To the maximum extent permitted by applicable law, SalesCrew excludes any express or implied warranty, including any warranty of fitness for a particular purpose, uninterrupted or error-free operation, accuracy of the results or of the outputs of the AI Agents, or preservation of the Client Content.

The Client acknowledges that the Demo Data is fictitious, that the calculations and statements displayed in the Trial Environment are provided for illustration purposes only, and that they do not constitute legal, tax, payroll or human resources advice.

15. Liability

Given that the Trial is provided free of charge, SalesCrew’s total and cumulative liability arising out of or in connection with the Agreement, for all claims combined and whatever the legal basis, is limited to one thousand euros (€1,000). This limitation applies to all claims arising out of or in connection with the Agreement, including under the DPA and in relation to any processing of personal data. It does not apply to the Client’s liability.

Neither Party shall be liable for any indirect damage, in particular any loss of profit, revenue, business, opportunity, goodwill or data, or any damage resulting from a claim by a third party (except as provided in Article 16).

The above limitations and exclusions do not apply in the event of gross negligence (faute lourde) or willful misconduct (faute dolosive), fraud, personal injury, or to the extent that they are prohibited by applicable law.

Any claim against SalesCrew arising out of or in connection with the Agreement must be brought within thirty (30) days after the termination or expiry of the Agreement, failing which it will be time-barred. Where applicable law does not permit such a period, the claim must be brought within the shortest period permitted by applicable law.

16. Client guarantee

The Client shall indemnify and hold SalesCrew harmless against any claim, action or demand by a third party arising from (i) the Client Content, (ii) a breach by the Client or its Authorized Users of Articles 5 or 7 of the Agreement, or (iii) a third-party tool connected by the Client to the Software, and shall bear all resulting costs, damages and expenses, including reasonable legal fees. This guarantee covers in particular any claim by an individual whose personal data was uploaded by or on behalf of the Client (including the Client’s employees and sales representatives) and any proceedings by a supervisory authority, where they relate to the Client’s obligations as data controller, including the existence of a legal basis, the information of the individuals concerned and the choice of the data uploaded, except to the extent that the damage results from a breach by SalesCrew of its own obligations as data processor under the DPA.

17. Suspension and termination

SalesCrew may suspend all or part of the access to the Trial Environment, or terminate the Agreement, at any time, for any reason, with immediate effect, by notification by email or in the Software. The Client may terminate the Agreement at any time by ceasing to use the Trial Environment and requesting the deletion of its Account. The Agreement terminates automatically at the end of the Trial Period.

Termination or expiry of the Agreement entails the immediate end of the right of use granted to the Client and of access to the Trial Environment, without any compensation being due by either Party. Articles 5, 7, 8, 9, 10, 12, 13, 14, 15, 16, 18, 20 and 21 survive the termination or expiry of the Agreement for the period necessary for their purpose.

18. Compliance

The Client undertakes not to access or use the Trial Environment, and not to allow it to be accessed or used, in breach of applicable export control and economic sanctions laws and regulations, in particular those of the European Union, France, the United Kingdom and the United States. Each Party represents that it is not, and is not owned or controlled by, a person subject to such sanctions.

Each Party undertakes to comply with applicable anti-corruption laws, including French law no. 2016-1691 of 9 December 2016 (“Sapin II”), and not to offer, promise or accept any undue advantage in connection with the Agreement.

19. Modification of the agreement

SalesCrew may modify the Agreement at any time. The modified Agreement is notified to the Authorized Users in the Software or by email and applies from its notification. If the Client does not accept the modifications, it must stop using the Trial Environment; continued use after notification constitutes acceptance of the modified Agreement.

20. Contractual documents and miscellaneous

The Agreement consists of the following documents, which form an integral part of it, listed in decreasing order of precedence: (1) the DPA, for the processing of personal data contained in the Client Content, (2) this Trial Agreement, and (3) the AI Supplementary Terms. Authorized Users are also bound by SalesCrew’s Terms of Use. In the event of contradiction, the higher-ranking document prevails.

The Agreement constitutes the entire agreement between the Parties relating to its subject matter and supersedes any prior proposal, discussion or agreement relating to the Trial. The Client may not assign or transfer the Agreement without SalesCrew’s prior written consent. SalesCrew may freely assign the Agreement, in particular in the event of a merger, acquisition, reorganization or sale of all or part of its assets.

SalesCrew may use subcontractors for the performance of the Agreement. The Parties are independent contractors; nothing in the Agreement creates any partnership, joint venture, agency or employment relationship. The fact that a Party does not invoke a provision of the Agreement does not constitute a waiver of that provision. If any provision of the Agreement is held invalid, the remaining provisions remain in full force and effect.

SalesCrew may send any notification to the Client by email to the address associated with the Account or by message in the Software. The Client may send any notification to SalesCrew at legal@qobra.co. The Agreement is drafted in English, which is the only binding language.

21. Dispute resolution and governing law

21.1 Governing law

The Agreement is governed by and interpreted according to French law.

21.2 Amicable dispute resolution

In the event of a dispute, the Parties shall seek an amicable resolution before any referral to the courts. For any complaint, SalesCrew may be contacted at legal@qobra.co.

21.3 Competent court

Any dispute concerning the validity, interpretation, performance and/or termination of the Agreement that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the Paris Commercial Court (Tribunal des activités économiques de Paris), notwithstanding multiple defendants or third-party claims, including for emergency or protective proceedings.