Introduction

The following terminology applies to these Terms and Conditions, Privacy Statement, Cookie Policy, Additional Terms of Services and Disclaimer Notice and any or all Agreements: 

The following terms of use (the “Terms of Use”) describe the rights and obligations of 1339 company, a French société par actions simplifiée, registered with the Registre du commerce et des sociétés of Paris, under number 801 542 713, with a share capital of 16670 euros, whose registered office is at 17 rue saint Fiacre, 75002 Paris, FRANCE, phone number: +33 972 568 664, email: webmaster@grytics.com, fax: +33 972 568 664, VAT number: FR 91 801542713 (the “Company”,”Ourselves”, “We” and “Us”) and the natural or legal person acting within its business (the “User”,”Client”, “You” and “Your”) who uses the service Grytics.com (The Website) and its related components such as APIs, applicationsother websites, operated by the Company (the “Services”). 

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. 

The Services offered through the Website enable the Users to analyze and aggregate data from entities commonly called “groups” that they administer on social network platforms, available on the Internet. The Services enable notably to create statistics related to posts or to group members and to export said statistics. The Company will have access to information available on these social networks via their A.P.I. (Application Programming Interface). A list of the concerned social networks is available on the Website. 

These Terms of Use integrally govern the legal relationship between the Company and the Users. 

The User represents and warrants that he or she has read and accepted the Terms of Use before using the Services. If the User is not willing to be bound by these Terms of Use, the User shall not use the Services. 

The User represents and warrants that he or she is at least 18 years old and that he or she has the legal right to accept the Terms of Use. 

If specific Terms of Use, Terms of Services and other agreements have been concluded between the Company and the User, these prevail for the duration of the Contract. 

PRIVACY

See the Privacy Policy

TERMS OF SERVICE

USERS OBLIGATIONS

The User shall abide by the Terms of Use and use the Services in observance with the Terms of Use, and with the applicable laws and regulations.

In particular, the User shall not upload any detrimental, libelous, insulting, discriminating or illegal opinions or comments against the Company and the Services on the Website, on any blog or social network and more generally on any means of communication.

The Company shall not be held liable for abusive use of the Services by the User.

The User shall use the Services in accordance with all laws, rules and regulations which are applicable in the country of destination. In particular, the User shall not, without limitation:

  • use forged electronic addresses;
  • use identity theft;
  • use the Services under a forged identity;
  • send spams or unsolicited mails, especially promotional;
  • not to disseminate messages or other content that is libelous, offensive, abusive, violent or promoting violence, obscene, racist, discriminatory, pornographic, pedophile, threatening, or encouraging discrimination or hatred based on race , religion, sex, or other, or encouraging crimes and offenses, crime apology, or promoting products or services the supply of which is regulated or prohibited, such as gambling;
  • use or display any elements that would infringe any intellectual right or any right of any third parties;
  • communicate unreadable writings;
  • use the Services in order to harm a third party;
  • forge or otherwise manipulate, in any way or manner, logins or headers of messages in such a way as to hide the origin of the content transmitted via the Services;
  • send, post, send by email or otherwise make available any document containing viruses or other computer codes, files or programs designed to interrupt, destroy or limit the functioning of a software, a computer system or a communication system;
  • use the Services in such a way as to disrupt, deactivate, overload or limit any other User’s or the Company’s computer servers or network connection;
  • use the services to intrude into third party’s computer system or to carry any activity that may damage, control, interfere any third party’s computer system and violate its integrity or security;
  • try to access without authorization to accounts, third parties computer systems or networks connected to a Company’s or a third party’s server by hacking, password research or any other means;
  • modify, adapt or hack the Website, or modify any other website so as to create the impression that it is linked to the Website;
  • collect or store personal data related to other Users, unless this is done in full compliance with the provisions of French Data Protection Law n°78-17 of 6 January 1978.

The user shall :

  • report to the company any bugs, incidents, security issues that the User encounters through the proper channel (support chat, email support@grytics.com or phone )

Whether the User notices such illegal behavior on the Website or when Services are used the User shall report them promptly and by any means to the Company.

The User shall inform the Company promptly about any complaint, claim or legal action issued by third parties linked to the use of the Services by the User.

EXCLUSIONS AND LIMITATIONS

The information on this website and the Grytics analytics platform, is provided on an "as is" basis. To the fullest extent permitted by law, the Services :

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature; and
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

PAYMENT 

Refer to the Additional Terms of Services. 

AVAILABILITY OF THIRD PARTIES APIs 

The company is using thirds parties APIs to extract data from the social networks, and we are bound by the terms and conditions for the use of these. 

We do not provide warranties for these APIs, or these services in general. Changes to the APIs, and availability of them may impact the availability of Grytics. 

CANCELLATION POLICY 

Refer to the Additional Terms of Services. 

TERMINATION OF AGREEMENTS AND REFUNDS POLICY 

Refer to the Additional Terms of Services. 

DURATION OF DATA STORAGE 

Refer to the Privacy policy 

AVAILIBILITY 

Refer to the Additional Terms of Services. 

JURISDICTION-APPLICABLE LAW 

The validity and effects of the Terms of Use shall not be affected should one or several non-essential provisions 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. 

If the User and the Company does not come into a settlement agreement, 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. 

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. 

DATA PROTECTION 

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

LANGUAGE 

Users explicitly agree that these Terms of use are written in English. A translation in other languages is made available for information purposes only. In case of contradiction, only the English version will be deemed as evidence between the parties. 

CONTACT AND REQUESTS 

Should the User have any questions or requests or need any information, the User may at any time contact the Company’s Customer Service through the live 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 March, 31st of 2021.