PREAMBLE
Datablaster is a company registered with the Trade and Companies Register under SIRET number 914 667 290, whose registered office is located at 3 rue Nuyens 33100 Bordeaux (hereinafter " the society ").
The Company has designed and operates a software as a service (SaaS), hereinafter referred to as Datablaster.
These General Conditions of Use (hereinafter " ToU ”) come into force on the date they are posted online and apply from the first use of the Platform. They constitute a legally binding agreement between you and the Company.
CONTENTS
PRELIMINARY ARTICLE: DEFINITIONS
1. OBJECT
2- USE OF THE PLATFORM
3- OBLIGATIONS AND RESPONSIBILITY OF THE PUBLISHER
4- OBLIGATIONS AND RESPONSIBILITY OF THE USER
5- INTELLECTUAL PROPERTY
6- LIMITATION OF DAMAGES AND LIABILITY
7- ACCOUNT CLOSURE
8- FORCE MAJEURE
9- CONFIDENTIALITY
10- MISCELLANEOUS
11- APPLICABLE LAW AND COMPETENT JURISDICTION
PRELIMINARY ARTICLE: DEFINITIONS
Each term beginning below with a capital letter has the meaning given to it in its definition:
- Publisher : Datablaster, brand of the Company, creator and owner of the Platform;
- User : natural or legal person with the legal capacity to subscribe to the Services offered;
- Platform : collaborative tool made available through the link https://datablaster.io ;
- Organization : any entity, without being limiting, registered with the Chamber of Commerce, Chamber of Associations, any liberal profession;
- Services) : means all of the features, products, software, services and sites of the Publisher that the User can benefit from by accessing the Platform.
ARTICLE 1: OBJECT
The purpose of this document is to define the terms of use of the Service.
These T&Cs come into force on the date they are posted online and apply from the first use of the Site. They constitute a binding agreement between the Users and the Publisher. These Terms are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document.
Any access or use of the Platform implies the concomitant and unreserved acceptance of the terms of these conditions.
Platform Users undertake to comply with the T&Cs described below.
Users are invited to regularly take note of and carefully read the latest version of the applicable T&Cs.
Any modification of the T&Cs is notified electronically to Users who are free to refuse their application and thus put an end to their registration.
In the absence of express refusal from Users, the T&Cs will apply from the next use of the Platform.
If one or more stipulations of the T&Cs are held invalid or declared as such pursuant to a law, regulation or following a decision of a competent jurisdiction, they will be deemed unwritten but the others will remain in force.
ARTICLE 2: USE OF THE PLATFORM
2.1 Registration on the Platform
Registration for the Service is open to any adult and capable natural person. Use of the Service is subject to prior and free registration, resulting in full acceptance of these T&Cs.
In order to access the Service, the User must connect to the Platform and provide:
- Contact details ;
- E-mail address ; And
- Password.
- Link your Facebook advertising account
- Link your Google account
In the event of a change in the situation as declared on the day the account was created, the User undertakes to update the information concerning him on the said interface.
The Publisher cannot be held responsible in the event that it has not been notified of a change in the User's situation or of erroneous information concerning him.
Use of the account is strictly personal.
In the event of loss and/or forgetting of the password, the account holder may request the reset of his password from the Platform.
The User also undertakes not to communicate this identification and password information to any third party, nor to lend, give, sell and generally make the account available to a third party, for any reason whatsoever.
Otherwise, the Publisher cannot be held liable in the event of fraudulent use of this information.
In the event of fraudulent use of the User's connection identifiers due to fault or negligence attributable to the latter, the Publisher shall not be held liable to the User for any loss or deterioration of data whatsoever and more generally for any damage suffered due to use of the Service that does not comply with the rules laid down in these T&Cs.
2.2 Operation of the account
Once the User's space has been created in accordance with the details of article 2.1, the User will have access to his account.
ARTICLE 3: OBLIGATIONS AND RESPONSIBILITY OF THE PUBLISHER
3.1. The Publisher undertakes to provide all the care and diligence necessary to provide a quality service.
3.2. The Publisher's civil and criminal liability will not be engaged in the event of fault attributable to the User.
The following cases constitute faults, without being limiting:
- Misuse of the Service:
- Illegal disclosure or use of the created password:
- Storing information that is illegal or contrary to the purpose and normal use of the Platform:
- Partial or total destruction of information stored as a result of errors attributable directly to the User.
3.3. The User accepts (i) that it is technically impossible to offer a Platform free from any defect and that the Publisher cannot undertake to do so; (ii) that defects may render the Platform temporarily unavailable; and that (iii) the operation of the Platform may be affected by events and/or problems over which the Publisher has no control.
The Publisher may, at any time, modify or interrupt, temporarily or permanently, all or part of the Platform to carry out maintenance and/or make improvements and/or modifications to the Platform. The Publisher declines all responsibility for any modification, suspension or interruption of the Platform.
ARTICLE 4: OBLIGATIONS AND RESPONSIBILITY OF THE USER
4.1. The User is solely responsible for the use of the Service, the information transmitted, their use and their updating.
The User undertakes in particular:
- To provide sincere and true information;
- To send the Publisher all the information and documents required for the performance of the Service
4.2. The User undertakes in particular to respect the rights of third parties, the rights of personality, the rights of intellectual property such as copyrights, rights to patents or trademarks. Consequently, the Publisher cannot be held responsible for the content of the information transmitted, disseminated or collected and for their updating.
4.3. The User alone bears the consequences of the loss of the password(s). Similarly, the User alone will bear the consequences of the malfunction of the Service, following any use by members of his staff or by any person to whom the User has provided his password.
4.4. The Publisher reserves the right to exercise controls on the conformity of the use by the User of the Service with the stipulations of this article.
4.5. The User agrees not to disclose any information relating to the Service. This information is confidential and therefore constitutes trade secrets.
ARTICLE 5: INTELLECTUAL PROPERTY
All elements of intellectual property used by the Publisher are protected by laws relating to intellectual property and others, and in particular copyright. The Platform and all its elements, including but not limited to, texts, images, videos, photographs, trademarks, logos, corporate names, domain names are the exclusive property of the Publisher or that of its partners.
With the exception of elements published under a free license, all reproductions or representations, even partial, by any means whatsoever, all requests, whether automated or not, aimed at retrieving data published on this Platform, made without the authorization of the publisher are illegal and constitute an infringement in accordance with the provisions of the law of March 11, 1957, articles 40,41 and 42 of the penal code.
All intellectual property rights on the Platform, the content, the models used to generate documents, belong exclusively to the Publisher. Any unauthorized use or reproduction, even partial, of the Platform, content, models, to generate documents is strictly prohibited. Any offender will be prosecuted before the competent courts.
The user license granted by these T&Cs does not give the User any right to the content of the websites, computer programs, software, and products associated with the Services provided on the Platform, nor to the associated logos and other names, logos, icons and trademarks identifying the Publisher's products and Services, which must not be used without the Publisher's prior written permission.
Any content that the User uploads, transfers, publicly edits, processes or enters on the Platform remains the exclusive property of the User if he is the legal owner. The Publisher has no responsibility for these elements. The User guarantees to hold all rights required for the exploitation of the content that he will use via the Platform.
ARTICLE 6: LIMITATION OF DAMAGES AND LIABILITY
In the event of major defects which seriously prevent the use of the Services and which are exclusively attributable to the Publisher, the Publisher undertakes to act to correct this defect without undue delay from the written notification (by registered letter) which will be sent to it.
THE USER EXPRESSLY AGREES THAT THE USE OF THE PLATFORM IS AT HIS OWN RISKS AND PERILS.
UNDER NO CIRCUMSTANCES SHALL THE PUBLISHER BE HELD RESPONSIBLE FOR INDIRECT LOSSES, LOSS OF PROFITS OR ANTICIPATED SAVINGS, LOSS OF REVENUE, LOSS OF DATA, OR CLAIMS BY THIRD PARTIES, RELATING TO DEFECTS OR FAILURES OF THE PLATFORM, OR RESULTING FROM A BREACH OF AN EXPRESS OR IMPLIED WARRANTY, OR BREACH OF CONTRACT.
IN ANY CASE, THE PUBLISHER'S LIABILITY CANNOT EXCEED THE AMOUNT PAID FOR THE USE OF THE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ALLEGED VIOLATION OF THE CONTRACT, AND CANNOT BE INCLUDED AFTER A PERIOD OF FORTY-FIVE (45) CALENDAR DAYS AFTER THE ARISE OF THE REASONS OF THE COMPLAINT.
THE USER CANNOT CLAIM A REDUCTION OF PAYMENT, DAMAGES AND INTERESTS, OR OTHER PENALTIES IN THE EVENT OF INTERRUPTIONS OF THE SERVICES OR ERRORS PREVENTING THE TRANSMISSION OF DATA.
ARTICLE 7: ACCOUNT CLOSURE
7.1 Closure of the account at the initiative of the User
The User may permanently close his account at any time, automatically and without legal formality, by sending an email to contact@datablaster.io.
The closure of the User's account will take effect within a reasonable period of time after receipt of his request.
7.2 Closure of the account at the Publisher's initiative
In the event of non-compliance with these T&Cs, the Publisher shall have the option of suspending or closing the User's account at any time, automatically and without legal formality, after sending a formal notice via email which has remained without effect for a period of five (5) calendar days from its receipt.
7.3 Consequences of closing the Account
Any closure of the User's Account entails the definitive deletion within a reasonable time of the information communicated to the Publisher when opening or updating his account, of the documents and other elements uploaded to his space as well as, where applicable, of any document or content that he may have published, downloaded or made available on the Platform. Notwithstanding the foregoing, the Publisher reserves the right to keep the aforementioned documents, information and other elements on its servers for a reasonable period of time.
Consequently, the User must ensure that he has the necessary backup copies.
ARTICLE 8: FORCE MAJEURE
A party may be released from any liability for damages and other penalties when the performance of a particular obligation is prevented or made costly due to a case of force majeure within the meaning of the law and case law.
When a party is prevented for a period exceeding one (1) month due to a case of force majeure, the other party shall be entitled to terminate these T&Cs in writing without any compensation being due.
ARTICLE 9. CONFIDENTIALITY
The User and the Publisher undertake to keep confidential the information and documents concerning the other party, of whatever nature, financial, technical, social or commercial, which may have been accessible during the execution of the contract.
ARTICLE 10. MISCELLANEOUS
In the event that one of the provisions of these T&Cs is deemed illegal, void or unenforceable, for any reason whatsoever, this provision would be considered not to be part of these T&Cs and would not affect the validity or application of the other provisions.
Failure by the Publisher to exercise all or part of a right does not prevent the subsequent exercise of such right.
Publisher's waiver of any breach shall not be deemed a waiver of any subsequent breach.
ARTICLE 11. APPLICABLE LAW AND COMPETENT JURISDICTION
These T&Cs as well as all the contractual information mentioned on the Platform are written in French and subject to French law.
In the event of a dispute or litigation between the parties, they will endeavor in good faith to reach an amicable agreement.
If no amicable solution is found, the competent courts within the jurisdiction of the Paris Court of Appeal will have exclusive jurisdiction.
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