General Terms and Conditions of Sale
and Use of Dareboost Services
Section 1: Definitions
- refers to any design and/or hosting defect and in particular regarding performance, bugs, errors resulting in malfunctions that prevent the User from accessing the Services in whole or in part.
- Purchase Order
- refers to any document or written communication from a User confirming its acceptance of (i) an Offer made by DAREBOOST specifically for the said User or (ii) a quotation relating to specific services.
- General Terms and Conditions of Sale and Use or Terms
- refers to these General Terms and Conditions of Sale and Use of the Services of the company DAREBOOST.
- User Account(s)
- refers to the space made available to the User, allowing it to access the Services according to the selected Offer.
- refers to DAREBOOST, a simplified joint stock company with a share capital of €75,000, registered with the RCS of RENNES under number 801 880 162, whose registered office is located at 4 rue du bordage (35510) Cesson-Sévigné, France, represented by its President, Mr. Damien Jubeau.
- refers to the User’s computer data compiled and generated when using the DAREBOOST Services.
- Critical Failure
- refers to any defect that results in a total shutdown of the Services without any possible workaround.
- Login Information
- refers to the User’s name and passwords allowing the access to its Data and Solutions.
- Material Change(s)
- refers to any change that significantly alters the operation of the Services in order to restrict or remove functionality that meets a specific need, and removes any alternative means of meeting that need.
- refers to the different types of paid and free subscription to the Services offered by DAREBOOST.
- refers to all services provided by DAREBOOST, including:
- The availability in Software as a Service (Saas) mode of the Solutions;
- The processing of the Data communicated via the Solutions;
- The provision of an API, if necessary;
- Any specific additional services provided by DAREBOOST related to the provision of the Solutions and in particular the assistance and maintenance.
- refers to the DAREBOOST website which allows to subscribe the Offers and is available at the following address: www.dareboost.com.
- refers to the software solutions made available to the User pursuant to the Offer subscribed, hosted on DAREBOOST’s servers or on the servers of any third-party service provider of the User’s choice and remotely executable by the User.
- Technical Support
- refers to DAREBOOST’s technical service which responds to requests for assistance from Users, accessible in the “Support” space available on the Website or at email@example.com.
- Third Party
- refers to any natural or legal person who is not a party to the Terms.
- refers to any person subscribing to an Offer with DAREBOOST and/or any person designated by the person subscribing to an Offer to use the Solutions.
Section 2: Purpose
The purpose of these Terms is to set the terms and conditions under which DAREBOOST makes the Services available to the User, and the conditions under which the User may access and use these Services.
The User acknowledges having been provided with full information regarding the DAREBOOST Services and in particular the key features of the Solutions.
The User acknowledges having read and accepted these Terms without reservation. They shall prevail over any other document.
These Terms constitute the basis of the commercial negotiation and prevail over the User’s terms and conditions of purchase, if any. The User expressly acknowledges that any conflicting provision shall not be binding on DAREBOOST.
These Terms may be modified from time to time, the applicable version being the version in force on the date of validation of the Offer by the User, by online subscription on the Website or by signing any Purchase Order. Any new version of these Terms shall be notified and submitted to the User for acceptance.
DAREBOOST reserves the right to terminate an existing subscription or to refuse a new subscription in the event of non-acceptance of a new version of the Terms by the User.
DAREBOOST also reserves the right to refuse to approve a subscription, or to approve it under conditions derogating from these Terms or to cancel a subscription, in particular in the event of the insolvency of the User, a previous payment incident, a previous request or behavior that was abnormal or made in bad faith.
Section 3: Description of the Services
3.1: Content of the Services
The Offers are intended exclusively for professional Users. They are therefore expressly excluded from the provisions of the French Consumer Code relating to distance selling (Articles L.221-1 et seq. of the French Consumer Code).
In this respect, DAREBOOST reserves the right to request any justification from the User.
The content of the Services subscribed to by the User varies according to the Offer selected.
Prior to subscribing to an Offer, the User may review the key features of the Services and the various Offers and features directly on the Website or by contacting DAREBOOST by e-mail or by telephone.
Prior to validating any subscription to an Offer, the User shall ensure that it corresponds to its needs and that it has correctly understood the terms and conditions of use.
The User agrees to receive and transmit electronically any information necessary in order to complete and execute the subscription.
The User undertakes to read and respect any documentation, safety precautions or any other information attached or provided by DAREBOOST, in particular the conditions and restrictions for the use of the Services. The User also undertakes to ensure that all obligations arising from these Terms are respected by its employees and/or associates who may use the Services.
3.2: Evolution of the Services
The durability and availability of the Services may require modifications, in whole or in part, in particular by means of addition, deletion and/or updates.
DAREBOOST shall notify any Material Change twenty-four (24) hours before it is implemented, unless there is an emergency requiring immediate intervention.
It is expressly agreed that any changes, regardless of whether they are Material Changes, constitute an inherent evolution of the Services and are not subject to the prior consent of the User. Consequently, the User may not claim to maintain the previous version of the Services, nor to obtain compensation for these changes.
Notwithstanding the foregoing, in the event of a Material Change, the User may request that renegotiations be initiated in order to balance the terms of the Offer subscribed. Any request in this respect shall be made by registered letter with acknowledgement of receipt, within ten (10) days following the Material Change in question. Thereafter, the Material Change shall be deemed to have been accepted by the User.
The request for renegotiation shall include a description of the facts and shall be supported by compelling reasons which prevent the continuation of the contractual relationship under its original conditions.
In the absence of agreement between the parties within thirty (30) days of notification of the request, the Offer shall be automatically terminated. Any prepayments made in respect of the performance of the Offer that remain outstanding at the end of the aforementioned thirty (30) day period shall be repaid to the User, minus 10% as compensation for the termination of the current Offer.
The request for renegotiation of the Offer does not in itself confer on the party submitting that request the right to suspend the performance of its obligations.
Section 4: Access to Services
The Offers are made in the following ways:
- The subscription made online directly on the Website:
- Monthly, with automatic renewal for the same period, unless terminated by one of the parties no later than forty-eight (48) hours before the end of the current period, in writing or by any other means that may be implemented by DAREBOOST specifically within the Services and that may constitute written evidence;
- Annually, valid for a period of (twelve) 12 months, which is not automatically renewed and requires the User to subscribe to a new subscription of its choice among those offered at the end of the initial subscription.
- The subscription made under a Purchase Order, valid for a specific period of time as defined directly in the Purchase Order, or the quotation in which the Offer was made. Unless otherwise agreed, this subscription is not automatically renewed. The User, in order to ensure the renewal of its subscription, shall send a request for a quotation at least one (1) month before the expiry of the initial term. The Purchase Order related to the renewal shall be sent to firstname.lastname@example.org at least five (5) business days before the end of the initial term.
The Services are also available as a “freemium” Offer in order to test the Solutions, including limited features and options.
Access to the Services is activated when the User Account is opened which occurs:
- Immediately after payment of the Offer, if applicable (in particular in the case of online payment);
- Or upon validation of the quotation or Purchase Order;
- Or, on the start date expressly referred to in the quotation or Purchase Order if this is later than the above-mentioned validation date.
The User agrees to provide accurate and complete information (including contact information and banking information) and to keep it up to date. DAREBOOST reserves the right to request supporting documents from the User to check the accuracy of the information provided.
Any Purchase Order or quotation confirmed by the User constitutes a firm and final commitment.
The subscription is deemed final when it has been expressly confirmed by DAREBOOST by any means and in particular by electronic means.
Before using the Services, the User must ensure that it has an up-to-date device compatible with the Services and a professional quality Internet connection.
It is specified that the User is responsible for choosing its Internet service provider and for providing and implementing the equipment (hardware and software) necessary to access the Services via the Internet network.
4.2: User Account
Depending on the Offer, access to the Services may require the creation of a User Account. To this end, the User provides Login Information to DAREBOOST.
The User shall be solely responsible for the use and safeguarding of the Login Information. Thus, any unintentional loss or disclosure of elements likely to enable a Third Party to become aware of the User’s Login Information must be immediately notified in writing to DAREBOOST.
A User Account is personal and associated with a specific natural person. The User shall not share its Login Information, including with potential associates in a professional context. In addition, a User shall not create more than one User Account, except in the case of subscription to Offers that allow it.
In the event of involuntary loss or disclosure of the Login Information, the User agrees to modify its Login Information as soon as possible.
4.3: Support – interruption of access
DAREBOOST shall deploy the necessary resources to ensure the permanence, continuity and quality of the Services, and is therefore bound by best efforts obligation.
The Services are accessible non-stop, 24 hours a day, 7 days a week.
However, DAREBOOST reserves the right to interrupt access to the Services from time to time in order to ensure their security and for maintenance purposes.
The availability of third-party systems (particularly the Internet) is limited by technological and environmental factors that may impact data transmission. The Services may thus be limited or temporarily unavailable without notice. DAREBOOST being bound by a best efforts obligation in the performance of its Services, it cannot be held liable for any disruptions or interruptions related to these third-party services.
The User agrees to inform DAREBOOST as soon as possible of any difficulties encountered during the use of the Solutions and associated Services. To this end, DAREBOOST provides the User with a contact address allowing it to reach Technical Support.
DAREBOOST shall respond by any means to any request for technical support within seventy-two (72) hours. In particular, DAREBOOST informs the User of the estimated recovery and/or repair times.
The User shall refrain from misusing Technical Support. DAREBOOST reserves the right to refuse to respond to certain requests if they are likely to disrupt the normal operation of Technical Support.
DAREBOOST reserves the right to provide the User with error corrections and new versions of the Services (according to the subscribed Offer), if they are available, during the term of the Offer subscribed.
DAREBOOST is under no obligation to develop future programs or features for the Services. Maintenance does not entitle the User to any new features, options, modules or future products, which DAREBOOST may license separately and for a fee after agreement by the User.
In the event of a Critical Failure, DAREBOOST shall exert its best efforts to resolve such Critical Service Failure as soon as possible.
If the Critical Failure lasts more than seven (7) days, DAREBOOST shall grant the User a partial refund of the amount of the subscribed Offer, which may not exceed the amount paid by the User for the use of the Services over the period in question, i.e., between the time the User informs DAREBOOST of the Critical Failure and its correction.
The request for partial reimbursement shall be made by letter with acknowledgement of receipt within a maximum period of thirty (30) days following the User’s notification of the Critical Failure to DAREBOOST.
In the event of Critical Failure not resolved by DAREBOOST within thirty (30) days, in addition to its right to partial reimbursement as referred to above, the User may automatically request early termination of the Contract under the conditions set out in Section 10.
4.4: Providing an API
At the request of the User who subscribed to an Offer, DAREBOOST makes available free of charge an API allowing access to the Data associated with the User Account.
The User agrees to make reasonable use of the API made available, i.e., within the limit of ten (10) requests per day and per monitoring.
Users who have as part of their Offer the possibility of producing Data directly via the API (by having “credits”) shall likewise be limited to reasonable use, and may not make more than one (1) simultaneous request to produce Data, unless otherwise provided for in their Offer.
Section 5: Obligations of the User
The User shall use the Services in compliance with the applicable laws and regulations and in accordance with the recommendations and restrictions of use communicated by DAREBOOST by any means.
For the purpose of providing the Services, the User agrees to:
- Implement the necessary technical means at its disposal to operate the Services;
- To collaborate in order to ensure the performance of the Services;
- Transmit to DAREBOOST any information necessary for the proper performance of the Services;
- Inform DAREBOOST of any element that would have the effect of hindering the performance of the Services;
- Respond to DAREBOOST’s requests and inquiries regarding the Services as soon as possible.
In addition, the User agrees that the Services shall be used by a natural person. Any automated operation of the Services is strictly prohibited, unless otherwise provided for in the Offer subscribed (API).
For the purpose of resolving any Anomalies in the Services, the User agrees to explicitly inform DAREBOOST in writing of any Anomaly observed within fifteen (15) days of its occurrence.
Section 6: Prices
The prices of the Offers are stated in euros and do not include VAT.
The sale price is the one in effect on the day of subscription and appears on the Website for subscriptions made online or on the Offer which is the subject of a Purchase Order.
The price of the Services depends on the Offer subscribed by the User.
The price does not include the cost of telecommunications and Internet access allowing the use of the Services. The User shall be responsible for choosing the network providers.
In case of need for specific Services, the User shall send a detailed request to DAREBOOST. The latter shall draw up a quotation.
DAREBOOST reserves the right to modify the sale prices of the Offers at any time.
The Offer is invoiced to the User on the basis of the current prices at the time of final validation of the subscription or renewal by DAREBOOST as referred to in Section 4.1.
DAREBOOST may offer discounts on the Offers, it being understood that these discounts are granted under the strict condition of an annual payment of the fee.
During the term of the Agreement, the User may increase the scope of the Services by subscribing to a more expensive subscription. Any exchange and/or reduction of a subscribed Offer shall be subject to DAREBOOST’s prior agreement.
Section 7: Payment conditions
The price is invoiced in advance, on a monthly or annual basis, or on any other date referred to in a Purchase Order, depending on the Offer subscribed, starting from the date on which the Services are subscribed.
Unless otherwise agreed by DAREBOOST, any Offer of less than one thousand euros excluding tax per year (€1,000 excl. tax / year) may only be subscribed online and paid for by credit card or Paypal. If agreed otherwise in writing, DAREBOOST shall be entitled to refuse to apply the discount usually or occasionally granted on the Offer subscribed as a result of the additional management carried out by DAREBOOST.
Invoices are issued as follows:
In the event of an Online Offer subscription, the invoice shall be issued and delivered within minutes of the payment of the subscribed Service.
For automatic renewals, the invoice shall be issued upon collection of the due amount on the due date and for a period of up to seven (7) days.
In the event of subscription to an Offer by Purchase Order, the invoice shall be issued within fifteen (15) days of its receipt by DAREBOOST. Unless otherwise agreed in writing between the parties, payment shall be made within thirty (30) days of the issuance of the invoice.
DAREBOOST reserves the right to request payment, in whole or in part, of a down payment before any performance of the Services which are the subject of a Purchase Order.
In the event of late payment, DAREBOOST shall notify the User by e-mail or by through the User Account. In the absence of regularization within three (3) days following this notification, the User’s access to its User Account and Services shall be suspended, without it being able to claim compensation for any damage.
In the event of late payment of a validly issued invoice, DAREBOOST may apply interests for late payment at a rate equal to three (3) times the legal interest rate plus ten (10) points on all sums not paid on the due date, as well as an amount of forty (40) euros corresponding to collection costs.
Section 8: Liability and Warranty
The Services are covered only by the legal guarantee (compliant delivery and warranty for latent defects). DAREBOOST does not offer any additional contractual warranty as to the said Services.
Should the User have any claim in connection with the implementation of the legal warranties, it shall immediately inform DAREBOOST of any defect discovered, by registered letter to DAREBOOST’s registered office, by telephone or by e-mail, indicating:
- Its identity and contact information;
- The number of the last invoice and the date of subscription;
- A detailed description of the defect discovered or the problem encountered.
The User shall be liable for any damage suffered by DAREBOOST as a result of non-compliance with this process.
In any event, the User shall not directly intervene or have a Third Party intervene on the Services.
8.2: Obligations and liabilities
DAREBOOST agrees to do its utmost to ensure the performance of this Agreement.
The User agrees to use the Services only for the purpose for which they are intended and with all the care that can be expected of a professional.
The User acknowledges that DAREBOOST is only bound by a best efforts obligation to provide the Services and to perform any other related services. In particular, DAREBOOST shall not be held liable in particular for any errors caused by the Services that are not the result of gross negligence or recklessness on its part.
DAREBOOST’s liability is limited to foreseeable and direct damages suffered exclusively by the User. DAREBOOST shall not be held liable for indirect damages including loss of profits, loss of income, loss of contract suffered by the User.
In particular, DAREBOOST shall not be held liable for any delay in the performance or non-performance of its obligations where the delay or non-performance is caused by:
- an event of force majeure, as defined in article 1218 of the French Civil Code. DAREBOOST shall promptly inform the User of the occurrence of such an event by any means;
- the User due to the incompatibility of its equipment or instruments with the Services;
- a Third Party, in particular in the event of failure, disruption or unavailability of the networks. In addition, DAREBOOST and/or its partners shall not be liable for any network or server failure or any other event beyond their reasonable control that would prevent or impair access to the Solutions or cause any damage.
In all cases, DAREBOOST’s liability shall be strictly limited to the repair or replacement of the Services, or, where applicable, to its reimbursement over the period in question. In any event, DAREBOOST’s liability shall not exceed the sums collected and no additional compensation shall be granted. In order to assert its rights, the User shall be required to notify DAREBOOST in advance, by registered letter with acknowledgement of receipt, of any event likely to give rise to liability, within a maximum period of fifteen (15) days from the date of its occurrence, failing which it shall forfeit these rights.
The User is solely responsible for the transmission of its Data and/or files in order to use the Services. The User is solely responsible for the Data entered by it. Consequently, DAREBOOST shall not be held liable for any such Data. The User is expressly informed that it is responsible for taking all necessary measures to safeguard the Data processed as part of the Services.
DAREBOOST shall not be held liable in any way whatsoever for the:
- Failure by the User or a Third Party to comply with DAREBOOST’s instructions;
- Incorrect use of the Services by the User or a Third Party and its consequences;
- Intervention on equipment and materials belonging to the User;
- Damage due to causes unrelated to the Services or due to force majeure;
- Virus contamination of the User’s Data and/or tools and/or software and/or equipment, the User being responsible for protecting them;
- Malicious intrusions by Third Parties into the User Account or Data hacking, in spite of the implementation of reasonable security measures;
- In the event of damage resulting from the loss, alteration or any fraudulent use of the Services, the accidental transmission of viruses or other harmful elements, the conduct or behavior of a Third Party, the non-conclusion of an operation;
- Damage to equipment connected to the Services, which are the sole responsibility of the User;
- Possible misuse of Login Information, and more generally of any information of a sensitive nature for the User.
In any event, the User agrees not to harm DAREBOOST’s reputation and in particular not to discredit the Services, on any medium, including the Internet and social networks. In this respect, the User agrees to use all necessary measures and caution with regard to statements concerning DAREBOOST, its employees and/or its Services. The User is responsible for the compliance of its employees and/or any person designated by it as a User of the Services with these conditions.
DAREBOOST certifies to the User that it maintains insurance covering its professional civil liability for property damage and bodily injury directly related to the intervention of personnel dispatched by DAREBOOST for the purposes hereof and subscribed to with a company known to be solvent.
The User shall be solely liable for any damage that its employees and/or property may cause to Third Parties, and in particular for the consequences of improper use of the Services. DAREBOOST’s liability is excluded in particular in the event of fault or negligence on the part of the User and/or its employees, in particular in the event of incorrect or incomplete information being transmitted or use of the Services that is inconsistent with the instructions and, where applicable, the documentation provided. The User shall hold DAREBOOST harmless from any claim resulting from the User’s use of the Services.
In addition, any breach of these Terms by the User and/or its employees and/or associates shall entitle DAREBOOST to interrupt, suspend or terminate the subscription and/or access to the Services, without prejudice to the right to any damages to which DAREBOOST may be entitled.
Section 9: Force majeure - Hardship
9.1: Force majeure
Neither Party shall be liable for any delay in the performance of its obligations or non-performance thereof, where the delay or non-performance is caused by force majeure, as defined in Article 1218 of the French Civil Code.
A force majeure event suffered by DAREBOOST within the meaning of this clause is in particular:
- General computer and network failure;
- Anomalies beyond the control of DAREBOOST;
- Actions of the authorities - both regular and irregular;
- Civil war or non civil war, declared or undeclared war, general mobilization, requisition by the authorities, act of sabotage or terrorism, social conflict such as public demonstration, strike, riot, popular movement, restriction of the free movement of goods and persons, natural disasters, storm, fire, effects of radioactivity, epidemics, infectious or chemical risk.
Any party claiming an event constituting a force majeure event shall notify the other party in writing with acknowledgement of receipt within a maximum period of ten (10) calendar days following the occurrence of such event.
The time limits for the performance of the obligations in question may be extended for a period determined by the parties. The obligations shall be performed once again as soon as the effects of the force majeure event have ceased.
In any event, upon the occurrence of such an event, the Parties shall endeavor in good faith to take all reasonable measures to continue the performance of this Agreement. Should the event continue for a period of more than one (1) month, the Offer shall be automatically terminated fifteen (15) days after notification by the party claiming force majeure.
In the event of an unforeseeable economic event, beyond the control of the parties, occurring after the entry into force of the Offer and resulting in a substantial change in the contractual balance, each party may request renegotiations in order to examine in good faith the situation thus created and to jointly determine the terms on which the Offer could be continued under a contractual equilibrium similar to the one prevailing when the agreement was entered into.
If necessary, an amendment and/or a new quotation shall specify the new terms and conditions for the performance of the Offer.
In the event of a disagreement, each Party may terminate the Offer by registered letter with acknowledgement of receipt, giving one (1) month’s notice from the date of the disagreement, without compensation or costs of any kind to the parties.
In this case, the payments made in advance for the performance of the Offer that has not been performed yet shall be reimbursed to the User, less 10% as compensation for the termination of the current Offer.
Section 10: Early termination
The subscription may be terminated automatically and without resorting to legal action by either party in the event of non-performance by the other party of one or more of its fundamental obligations.
In particular, the following shall be considered as fundamental breaches within the meaning of this clause:
- Persistence of a Critical Failure for a period of more than thirty (30) days;
- Total or partial failure to pay the price, in principal and accessories;
- Infringement of intellectual property provisions.
If the User defaults on payment, which has not been cured seven (7) days after the suspension of the Service referred to in Section 7, the termination of the contract shall be effective immediately without any further action.
For other breaches, termination shall become effective thirty (30) days after the complaining party has sent a registered letter with acknowledgement of receipt stating the reasons for the complaint, unless within that period the breaching party has fulfilled its obligations or provided evidence that breach was due to a force majeure event.
In the event of termination for persistent Critical Failure, termination shall occur on the date of receipt of the User’s request.
Each of the parties shall be bound to fulfil its contractual obligations until the effective date of termination and the termination shall in no event be construed as a waiver by any of the parties of the exercise of its rights and of any damages.
Section 11: Confidentiality and Communication
The parties are bound by an obligation of confidentiality with regard to confidential information exchanged during the performance of this Agreement.
For the purposes of this Agreement, all information, oral or written, transmitted in the form of Data, documents or any other form, relating to the activity of which either party may become aware at the time of this Agreement and in particular, without restriction, technical, financial or commercial data, shall be considered confidential.
Confidential Information shall not include information that the parties expressly exclude from being considered confidential, information that was already in the public domain prior to or after its disclosure, provided that, in the latter case, it is not the result of a breach of a confidentiality obligation.
Anonymized User Data shall not be considered confidential.
This obligation of confidentiality is binding on the parties for the entire duration of the Offer and up to five (5) years from its termination.
The User expressly authorizes DAREBOOST to refer to the User’s trademarks and logos as a commercial reference on any document or medium throughout the duration of the Offer.
Should the User expressly refuse to authorize DAREBOOST by registered letter with acknowledgement of receipt, DAREBOOST shall be entitled to refuse to apply any commercial discounts granted upon subscription of the Offer or acceptance of the Purchase Order.
Section 12: Intellectual Property and Licensing of Solutions
The User acknowledges that the Solutions and the Website, in particular the texts, photographs, illustrations, videos, software, content of the Services, databases, APIs, sounds, graphics, logos, or any other information or medium disclosed by DAREBOOST are protected by copyright, trademark and patent law and any other intellectual property right.
DAREBOOST grants the Client a non-exclusive right to use the Solutions and any related documentation, as a license, not a sale, for the entire duration of the subscription.
This license does not grant the User any intellectual property rights over the Solutions or any copy thereof, which remain the entire and exclusive property of DAREBOOST.
Any use, reproduction, extraction not expressly authorized by DAREBOOST under this Agreement is unlawful, in accordance with Article L. 122-6 of the French Intellectual Property Code.
In particular, the User is not authorized to:
- Represent, distribute, market the elements of the Services, whether free of charge or not, without the prior written authorization of DAREBOOST;
- Use the Solution and the associated Services in any way whatsoever for the purpose of designing, producing, distributing or marketing a similar, equivalent or substitute service;
- Make the Services available, in any manner whatsoever, to any Third Party, the use of the Services being reserved (i) to the director(s) and Employees specifically designated as Users and (ii) where applicable, to certain service providers of the User;
- Modify, translate, reproduce, disassemble, reverse engineer, or otherwise extract the source code of the software or accompanying documentation;
- Make all or part of the files of the Services available to the public on an Internet page as a separate, reusable or transferable file.
The User is therefore strictly prohibited from interfering or having a Third Party interfere with the Services. In addition, as the Solutions are hosted, no backup copies are allowed.
Section 13: Data Processing
13.1: Data archiving / hosting
13.1.1: Additional archiving guarantee
Depending on the Offer subscribed, DAREBOOST may offer an additional paid data archiving guarantee.
The scope of the archiving guarantee varies according to the Offers subscribed and validated by the User. The archiving guarantee corresponds to the conditions of the current Offer negotiated and subscribed by the User.
Access to the archived data is for an agreed period of time. If the User wishes to reduce the archiving period, its request will take effect immediately and the archiving period shall be reduced accordingly. As a result, access to its data will no longer be granted for the initial duration but for the new duration to which it has subscribed.
For example, if the data are scheduled for an archiving period of twelve (12) months and the User decides to reduce this period to six (6) months, the User shall only have access to six (6) months of data as soon as the requested reduction comes into effect.
On the other hand, the extension of the archiving period has no impact on the period of data accessibility.
For example, a User extending the archiving period of its data from 6 to twelve (12) months will only have access, on the day of the extension, to six (6) months of prior data.
The User is responsible for anticipating this consequence.
The archiving guarantee expires at the end of the term of the corresponding Offer.
The Data is hosted by a trusted third-party hosting provider chosen by DAREBOOST.
Notwithstanding the foregoing, the User is expressly informed that it is responsible for taking all necessary measures to safeguard the Data processed as part of the Services.
In the event of alteration or loss of all or part of the Data covered by the archiving guarantee, DAREBOOST may only be held liable under the conditions and within the limits of Section 8 of these Terms, it being understood that any compensation due to the User for the Data altered or lost shall be calculated in proportion to the period during which said Data is archived within a maximum limit of twelve (12) months.
For all intents and purposes, it is specified that Data archived in a format that would no longer be supported by the latest version of the Services is not considered lost or altered Data. The User may request in writing the communication of this Data, which shall be sent in raw form under the conditions of Section 13.1.2 and which the User shall process.
DAREBOOST shall take all reasonable measures to ensure the security and confidentiality of the Data exchanged and generated in connection with the use of the Services. DAREBOOST undertakes to guarantee the confidentiality of the Data transmitted by the User, provided that they are expressly identified as such by the User.
DAREBOOST may nevertheless store this Data for technical purposes and to improve the Services.
The Data exchanged and generated as part of the use of the Services is hosted on the infrastructure of an external technical service provider with high quality control and security measures, thus ensuring the highest standards of security, reliability and availability of the hosted data.
The User may recover most of its Data at any time during the Agreement via CSV exports or via the API made available by DAREBOOST.
In the event of termination of subscription to the Services for any reason whatsoever, DAREBOOST may, if necessary, provide the User with access to its Data for a period of twenty (20) days.
At the end of this period, the Data shall be considered definitively lost.
The amount charged for this Service shall be equivalent to ten percent (10%) of the amount of the Offer with a minimum amount of three hundred euros excluding taxes (€300€ excl. VAT).
The User undertakes to actively collaborate with DAREBOOST in order to facilitate the recovery of the Data.
13.2: Personal Data
DAREBOOST may collect personal data concerning the User, intended exclusively for the use of the Services and which are subject to automated processing for technical purposes in order to manage User Accounts and subscriptions as well as to improve the Services.
The personal data of the Client and/or its staff and/or the designated User are under no circumstances transmitted to Third Parties, except in cases where their communication is strictly necessary for the management of the User Account and the proper functioning of the Services.
As such, personal data may be transmitted, where applicable, to DAREBOOST’s data processors as part of the functioning of the Website and the Services and in particular for the purposes of implementing:
- the Website’s technical infrastructure and providing storage space, hosting, maintenance and security services for the Website;
- e-mail and sms services (Mailjet and Sendgrid);
- payments (CM-CIC payment) and Paypal and their processing (Freshbooks);
- services for analyzing the use of the Website (Google Analytics). In this case, the personal data shall be anonymized. In any case, the Users’ personal data are processed in accordance with the purposes defined by DAREBOOST.
The processor may not in any way process personal data for any other purpose without the express consent of the Users in question.
DAREBOOST shall implement, at its own expense, all organizational and technical measures necessary to ensure an appropriate level of security in accordance with the state of the art in order to limit the risks of accidental or malicious destruction of personal data as well as their alteration, fraudulent use, disclosure or access, in particular when the processing of personal data includes the transmission of personal data via the Internet network.
DAREBOOST shall immediately inform the User of any breach in accordance with the conditions provided for by the regulations on the protection of personal data.
DAREBOOST shall maintain an up-to-date list of the processors which process personal data and shall inform the User of any new processors in order to enable the User, if necessary, to object to it.
In accordance with the “Act on information technology, data files and civil liberties” of 6 January 1978 and the General Data Protection Regulations (GDPR), the User has a right to access, restriction of processing, data portability, object and erasure of personal data concerning it and may exercise this right by contacting DAREBOOST at the address of the company’s registered office.
DAREBOOST may retain personal data for business use for a period not exceeding three (3) years from the last connection of the User to the subscribed Service or the last exchange.
The User also has the right to lodge a complaint with the competent supervisory authority if it considers that DAREBOOST is unlawfully processing its personal data.
Section 14: Independence of provisions
If any provision or provisions of these Terms is declared invalid pursuant to any law, regulation or court decision, the other provisions shall remain in full force and effect.
Section 15: Assignment
The Terms and the rights granted hereunder may not be transferred or assigned by the User, but may be assigned by DAREBOOST without restriction. Any attempt to transfer or assign in breach of this Agreement shall be null and void.
Section 16: No waiver
DAREBOOST’s failure of complain of any breach by the User of any of its obligations shall not be deemed to be a waiver of any other breach of the same or other obligations, or a waiver of the right to enforce such obligations.
Section 17: Applicable law - jurisdiction
These Terms shall be governed by and construed in accordance with the laws of France.
The parties agree that only the French version is authentic.
The User and DAREBOOST agree to attempt to settle out of court any disputes that may arise relating to the validity, interpretation or execution of these Terms.
In the absence of an amicable agreement, the Commercial Court of RENNES shall have exclusive jurisdiction over any dispute relating to the performance and/or interpretation of the Terms, including in cases of urgency, warranty claims and multiple defendants.