Additional Terms of use

1. INTRODUCTION

The following Additional terms of use (the “Terms of Use”) describe the rights and obligations of 1339 company as described in the Terms and the natural or legal person acting within its business (the “User”) who uses the websites grytics.com and derivative operated by the Company (the “Website”) and the services offered on the Website (the “Services”). 

2. USE OF SERVICES 

The Services are available to all Users having an Internet access and technical and computer resources required for the functioning of the Services, as described on the Website.  All costs related to the Services are exclusively borne by the User, including but not limited to material fees, software or Internet access fees. The User is sole responsible for ensuring the proper functioning and parameter of his or her computer facilities and Internet access.  Parts of the Website are only made available to Users who are connected by their username and password.  For the provision of the Services, the Company uses the functionalities described on the Website.  The Company reserves the right to insert advertising, promotional and/or sponsoring messages on the pages of its Website. 

3. ACCOUNT, USERNAME, PASSWORD 

In order to access the Services, the User will have to create an account and log in on the Website and link their account to the desire social networks. When a User links his or her social network account. For the use of the Service, information about their profile might be collected (depending on the social network). A list of the data collected is available in the related privacy policy.  When User subscribes to certain Services as defined in Article 4, additional information could be collected by the Company for the provision of the Services.  Should the User fail to fill in mandatory fields for the subscription to the Services, User shall not have access to the Services.  The User represents and warrants that his or her personal information provided to the Company (i) is accurate and up to date and (ii) does not infringe any third party’s rights, a third party being either a natural or a legal person. The User must update his or her information on his or her account as well as on the account registered on the social network concerned.  The username and the User’s password used on the Website or on the joint accounts are strictly personal and under the sole responsibility of the User. The User is responsible for the security and the confidentiality of his or her password and for all activities carried out through his or her username or password resulting from the User’s negligence. The Company provides tools to the User to maintain the security of the account, among them: Multi Factor Authentication, strong password requirements, Single Sign On implementation, account blocked after too many wrong attempts to login  Should the User’s account be usurped, the User will have to immediately inform the Company which will have the discretion to close the account and enable the User to open another account under a new username and a new password. 

4. SERVICES SUBSCRIPTION 

When the User creates an account on the Website, he or she has access to the “Free Trial” offer without any financial counterparts for 14 (fourteen) calendar days.  The different kinds of Services and the “Free Trial” offer’s functionalities are described on the Website.  The User can access other Services by subscribing to paying offers on the Website (“Order”).  Access to the different range of Services depends on the kind of offer chosen by the User. 

4.1. Subscriptions 

The User can subscribe to a paying subscription in order to use the Services (“Subscription”).  The Subscriptions offered to Users are: 
  • Standard” Subscription 
  • Advanced” Subscription 
  • Custom” Subscription 
These Subscriptions are available: 
  • on a monthly, nonbinding basis (“Nonbinding Subscription”) for Standard & Advanced Subscriptions 
  • on a yearly, nonbinding basis (“Nonbinding Subscription”) for Standard & Advanced Subscriptions 
  • on a custom basis for the Custom Subscription (defined in the contract between the User and the Company) 
The prices of these offers are available on the Website. 

4.2. Addons for Standard and Advanced Subscriptions 

The User can also subscribe to several addons described on the Website.  “History” paying offer which enables to import all the posts and comments available within a time range. This offer is billed on a group basis.  “Sentiment analysis” paying offer which enables the analysis of the content added to the Services. This offer is billed on a monthly basis.  The different kinds of Services and the functionalities of the addon offers are described on the Website.  The prices of these offers are available on the Website. 

4.3. Order Process 

The Services Order Process is the following: 
  1. The User must create an account and log in. 
  1. The User chooses a Subscription or an addon and confirms his or her choice. If a Custom Subscription is choosen, the order process goes under another process, through their Business contact of the Company. 
  1. The User can check his or her Order, the details of the Subscription or of the offer, the term, if applicable, the aggregate fee, and can correct potential mistakes. 
  1. The User confirms his or her Order by clicking on the button enabling to confirm the Order. 
The User also confirms that he or she understood that the Services were chargeable; he or she chooses a means of payment and provides the details enabling the Company to proceed to the payment. 
  1. When the Order is confirmed, the User receives a confirmation email including the object of the Order, the details of the Services, the duration of the Order, the applicable Terms of Use and, if applicable, the conditions of termination, and, if applicable, the aggregate price and the detail of the price. 

4.4. Services access 

Upon logging in on the Website, the User has access to the “Free Trial” offer, if it has not expired.  For all other offers and Subscriptions or if the Free Trial is over, the User has access to the Services upon payment of the Order. 

4.5. Controls 

The Company controls all the Orders. These controls aim at protecting the Company from abusive practices carried out by potential fraudsters. 

4.6. Penalties 

In case of non-payment of the Services, penalties will apply. Penalties will be due from the day following the date for the payment indicated on the invoice and until the date when the entire and integral payment is made. The late payment penalties rate corresponds to three (3) times the legal interest rate, as provided by French law. These penalties will be automatically due, without the Company needing to send a reminder to the User.  The User will also automatically have to pay the Company a fixed sum of a minimum of forty (40) euros for recovery costs representing the sums due by User to the Company. 

4.7 Switching 

Switching between paid subscriptions is allowed.  If a User switches to a higher plan, he will have to pay the prorated difference between the price of the current subscription and the new one. If he downgrades, no refund will be done. 

FEES AND PAYMENT 

5.1. Price 

Prices of the Services are available on the Website for Standard and Advanced Subscriptions as the Addons offers. All fees are in euros or US dollars, all tax included: 
  • Nonbinding Subscriptions: the price indicated on the Website corresponds to the fees of each billing period (monthly or yearly period). 
  • Addon Offers: the price indicated on the Website corresponds to the aggregate fees for the use of the Services. 
The Services are invoiced according to the applicable price at the time of the Services Order.  The Company reserves the rights to amend its prices at any time as follows: 
  • Nonbinding Subscription: the Company informs the User by email of the price amendments and of their effective date one month before they become effective. The User can terminate his or her Nonbinding Subscription no more than seven (7) days before the amended price becomes effective. 
  • Addon offers: the amended prices are applicable to each new offer Order. 
The amended prices are published on the Website. 

5.2. Payment 

(i) Standard and Advanced Subscriptions & Addon Offers 

The User accepts to pay the Services according to the applicable price on the day of the Order or on the day when the User renews his or her Order. The User acknowledges that when he or she confirms the Order, he or she is bound by an obligation to pay. Payment is integrally due at the date of the Order, subject to Article 4.4 concerning the Nonbinding Subscription. No merchant discount will be granted.  The User has the possibility to pay with his or her bank card. The accepted bank cards are listed at the start of the Order process.  The payment processing is done by a third party (Stripe or any other service mentioned on the website). No credit card information is stored by the company; all the banking information are stored securely by the service provider.  The Users are informed that the Company cannot be held liable in the context of the use of payment services by bank card. In the event the Users encounter difficulties, notably due to the hack of their bank account, they must directly contact the financial establishment concerned.  All the prices paid are nonrefundable.  The Company will issue an invoice for each chargeable Services Order. 

(ii) Nonbinding Subscription 

When the User subscribes to a Nonbinding Subscription, the User gives the Company the authorization to debit the indicated bank account for the price of the Nonbinding Subscription immediately and at every anniversary date of the Order.  The User agrees to update his bank details in case of changes. In the event of a payment failure at the time when the payment is due, the Company will have the rights to suspend or terminate the access to the Services and will inform the User by any means. 

(iii) Addon offers 

The addon offers fee shall be paid in its totality at the time when such an offer is ordered. 

(iv) Custom subscription 

The Users have the possibility to pay the Custom Subscription by Wire Transfer. Our Terms are payment in full within fourteen days. All goods remain the property of the Company until paid for in full.  Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing European Central Bank base rate on the outstanding balance until such time as the balance is paid in full and final settlement.  We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies. In such circumstances, you shall be liable for all additional administrative and/or court costs.  No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. 

6. User’s warranties 

The User agrees to integrally indemnify and hold harmless the Company, its affiliates, employees, agents and partners from any claim, demand or legal action issued from third parties due to the wrongful use of the Services by the User, or arising out of the User’s negligence, breach of his or her obligation or fault.  To that end, the User shall integrally indemnify and hold harmless the Company in full, including for attorneys’ fees and damages and liability or for all costs of any nature, arising out of or related to actions, claims, proceedings, demands, losses, damages, judgments, fines, trial. The User also agrees to take part in discussions with plaintiffs and to bear all the costs and all compensation due by virtue of an amicable settlement of such claims, transactions, arbitration proceedings, mediation, conciliation, participatory process, or any other alternative dispute resolution procedure of any kind. 

7. INTELLECTUAL PROPERTY RIGHTS 

All the rights, including all the proprietary and intellectual rights on the Services, the Website, all the elements used by the Company to provide the Services and the Website, such as the names, logos, signs, trademarks, and notably “1339”, “GRYTICS” or “GRYTICS.COM” signs, software, source code, databases, technologies, methodologies, know how, equipment, graphics, documents, photographs, stylized letters or infrastructure, or any work, creation or patent, designs and models are and remain the sole and exclusive worldwide property of the Company.  The Company grants the User a non-exclusive, non-transferable license to access and use the Website and the Services in compliance with the purpose and the provisions set out in the Subscription or any offer chosen by the User. This license is strictly personal and cannot be transferred or otherwise assigned to third parties. This license is granted only for the terms of the Website and Services, as provided by the Subscription or the user’s chosen offer. This duration shall not exceed the legal duration applicable to copyright protection.  The license granted is worldwide.  All rights not expressly granted to the User are reserved by the Company. The User shall especially not copy, represent, reproduce, duplicate, publish, edit, transmit, translate, decompile, decode, disassemble, reverse-engineer, export, distribute, display, remove, delete, modify, adapt, and more generally carry out any work taking as a basis the Website or Services, neither sell all or part of the Website or the Services. Downloading or copying element of the Website will not grant any title or right on any elements or software. 

8. LINKS TO THIRD PARTY WEBSITES 

The Website may contain links to other websites that are not edited nor controlled by the Company. The Company shall not be held responsible for functioning, contents, updates, changes, services or goods or any element on such websites or obtained via such websites. Setting up such links or making references to any information, goods or services provided by a third party, cannot and should not be construed as an express or tacit approval by the Company of such websites, their elements or their contents.  Any question, comment or claim with regard to another website than the Website shall be addressed to operators, editors or hosts of these websites. 

9. TERM AND TERMINATION 

9.1. Term 

(i) Duration of the account/ “Free Trial” offer  The User’s account on the Website will have an unlimited duration from the moment he or she logs in on the Website.  The User has access to the “Free Trial” offer for fourteen (14) days  from the moment he or she logs in on the Website. If no Subscription nor offer have been purchased thirty (30) days after the registration date on the Website, all the account data and data linked will be erased.  (ii) Nonbinding Subscription  Nonbinding Subscriptions are valid for one (1) month or year from the date of the payment of the Order by the User.  Nonbinding Subscriptions will then be tacitly renewed every one (1) month or year from the Order anniversary date.  (iii) Addon offers  The Addon offers are conceived as an immediate Service. 

9.2. Termination of the Nonbinding Subscription 

If the User has subscribed to a Nonbinding Subscription, he or she can terminate it without prior notice by going to his/her account page if available. The User will not be entitled to prorated reimbursement of any sum paid for Nonbinding Subscription period.  The User can also contact the Company to cancel the Subscription by email (billing@grytics.com) fifteen (15) days before the date of the next renewal.  The Company can terminate the Nonbinding Subscription upon one (1) month notice via email. 

9.3. Termination for breach 

The Company reserves the rights to suspend or terminate without prior notice the User’s account or to cease to provide all or part of the Services or to terminate any offer and any Subscription in case the User breaches the Terms of Use, including but not limited to Article 6, or his or her legal or regulatory obligations.  In addition, the Company reserves the rights to initiate any legal or criminal actions against the User in case of any breach leading to the termination.  Termination arising out of a breach by the User does not entitle the User to any reimbursement of the fees already paid. 

9.4. Termination of the Account 

The User can delete his or her account and data corresponding to such account by sending an email to delete@grytics.com or by going to his/her account page.  The Company can terminate an account by observing a one (1) month email notice to the User. 

9.5. Terms and termination effects 

Upon termination or expiry of a Subscription or an offer for any reason, the User will not have access to his or her account.  Any account termination will trigger the termination of all offers and Subscriptions, including the “Free Trial” offer linked to the account, without any rights of reimbursement for the User, except the prorated reimbursement when the Company terminates the account without any breach from the User who subscribed to a Fixed Annual Subscription.  All user’s groups data will be deleted fourteen days (14) after the account termination.  All user’s groups data will be deleted fourteen days (14) after the Subscription expiration.  All user’s groups data will be deleted fourteen days (14) after the end of the free trial. 

10. WARANTIES AND LIABILITES 

To the fullest extent applicable by law, the Company has only an obligation to use all reasonable means to provide the Services to the User. The Company shall not be liable for indirect damages as they are defined by the case law of the French courts.  The Company’s liability is limited as follows: (i) for a Nonbinding Subscription, the Company’s liability is limited to the price paid for the period during which the damage occurs(ii) for a n Addon offer, the Company’s liability is limited to the price paid for the offer Order, and (iii) for the “Free Trial” offer, the Company’s liability is limited to the amount of 10 euros.  The Services are provided on an “as is” basis with no express or implicit guarantee of any sort. The Company does not guarantee, represent or warrant that the Services will be totally free of errors, and that the Services will specifically meet the User’s needs and expectations. In this regard, the Company shall not be liable for the use by the User of the analysis and data aggregation obtained by the Services.  The Company shall not be liable in case of damages or services unavailability caused by a force majeure event as defined by French law and case law, nor for any breach or improper performance of the Terms of Use by the User, or any unpredictable and insuperable act by a third party.  The Company shall not be liable in case the User’s computer equipment or mailbox otherwise rejects, for example because of a spam system, the emails sent by the Company, containing notably and without limitation, the copy of the payment ticket, the details of the Order and/or the email to track performance.  The Company does not carry out any prior control nor moderation of the contents published by the Users on the social networks or the websites. The Users are solely responsible for the contents that they display on their own initiative on the social networks (personal data, photographs, texts, links, opinions, recommendations, professional information, publication exchanges, videos, etc.).  Therefore, the User is solely liable under civil or criminal law for the contents they publish on the social networks, as an author or an editor of these contents.  The Company shall not be liable in case the User uses the Services for commercial activity purposes, notably when a disagreement arises between the User and a third party.  The Company shall not be liable for any malfunctioning or disruption of the A.P.I. of any social network on which the User created an account and on which the Services apply, nor for any consequences arising out of such a malfunctioning, notably on the retrieval of data via the A.P.I. involved. 

10.1 Service Level Agreement (SLAs)

 Refer to the SLA Policy. 

 10.2 Support 

Standard support is done through the live chat on the Website. The response time is under 48 hours during business hours and days.  Premium support is done through the live chat on the Website and includes other channels and means of support as per defined in the Contract between the User and the Company. 

FORCE MAJEURE 

In the event that a force majeure event as defined by French law and case law prevents the Company or the User from carrying out their obligations, the obligations of the Company and the User will be suspended for as long as the force majeure even lasts.  If the case of force majeure prevents the concerned party from carrying out its obligations for a period in excess of thirty (30) days, the party which obligations are not directly affected by the case of force majeure will be entitled to terminate the Terms of Use upon written notification to the other party. In this latter case, no compensation will be due by any of the parties. 

MODIFICATION 

The Company reserves the right to modify, at any time, all or part of the Terms of Use and/or the Services.  The Company will send an email to the registered User no later than one (1) month before the entry into force of such modifications, requesting the User to read and accept the new version of the Terms of Use.  If the User does not agree with such modifications, the User may terminate his or her Subscription via an email request to the address webmaster@grytics.com, no later than seven (7) days before the entry into force of the modifications. Such termination will take effect no later than the date modifications enter into force. In this case, the User will not be charged for his or her remaining payment.  The Company may unilaterally modify the Services or the Terms of Use to take into account technical evolution, as long as this does not entail any rise in price or impairment of the Services. The Users will be informed of such evolutions by a publication on the Website or by any relevant means. 

PERSONAL DATA PROTECTION 

The Company shall comply with the applicable laws and regulations concerning personal data protection.  Refer to the Privacy Policy and the Cookie Policy. 

JURISDICTION-APPLICABLE LAW 

The validity and effects of the Terms of Use shall not be affected should one or several non-essential provision be void for any reasons and notably following a change in law or regulation, or as a consequence of a court decision.  These Terms of Use shall be governed and construed by the laws of France, without regard to the conflict of law provisions. To this end, the United Sates convention on contracts for the international sale of goods does not apply.  The User and the Company agree to irrevocably submit any dispute arising out of the interpretation or the performance of the Terms of Use to the exclusive jurisdiction of the Paris Courts, France.  The User is informed of the possibility to submit a dispute to a mediation procedure or any alternative dispute resolution procedure. 

LANGUAGE 

These Terms of use are written in English. A translation in other languages is made available for information purposes only. 

CREDITS 

The images and graphics used on the website, blog, social media and newsletter come from http://www.freepik.com/ http://www.freedigitalphotos.net 

CONTACT AND REQUESTS 

Should the User have any questions or requests or need any information, especially concerning the personal data protection policy as provided in Article 13, the User may at any time contact the Company’s Customer Service though the support chat on the Website, by email to the address webmaster@grytics.com or by phone : +33 972 568 664. The Company will do its best effort to process the requests under 48 hours following the User’s call or the User’s email reception.    The above Terms of Use are dated 2021/02/20