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Template to be reviewed by legal counsel before going to production.

This document is provided for informational purposes only. It contains fields to be completed (in square brackets) and must be adapted to your actual situation by a legal professional before any publication.

General Terms of Use and Sale (Terms of Use / Terms of Sale)

Last updated: [DATE DE MISE A JOUR]

These general terms and conditions (hereinafter the "Terms") govern access to and use of the B2B prospecting service (hereinafter the "Service") published by [RAISON SOCIALE] (hereinafter the "Publisher"). Any subscription to or use of the Service constitutes unreserved acceptance of these Terms by the client (hereinafter the "Client").

1. Purpose

The Service is a software platform provided in SaaS mode (Software as a Service) enabling the Client to manage B2B commercial prospecting campaigns: building and enriching prospect databases, drafting and sending messages, tracking replies, managing a sales pipeline, and artificial intelligence assistance features. The Service operates on a multi-tenant model: each Client has one or more isolated workspaces.

2. Access to the Service

Access to the Service requires the creation of an account and a workspace. The Client is responsible for the confidentiality of its credentials and for any activity carried out from its account. The Publisher uses reasonable means to ensure the availability of the Service, without any guarantee of absolute continuity. Interruptions may occur for maintenance, upgrades, or due to external events (hosting providers, third-party suppliers, force majeure).

3. BYOK model (Client's API keys)

The Service operates on a "BYOK" (Bring Your Own Key) model. Artificial intelligence processing is performed using the Client's own API keys (for example Anthropic or OpenAI). The Client contracts directly with the relevant AI provider, accepts its terms, and bears its billing. The Publisher is not responsible for the availability, pricing, quotas, or usage policies of these third-party providers.

4. Subscription, trial, and payment

  • Trial period: the Service may be offered with a free trial period of fourteen (14) days, unless otherwise stated at the time of subscription.
  • Plans: paid access is offered in the form of periodic subscriptions whose features, quotas, and prices are indicated on the pricing page in effect.
  • Payment: payments are processed through the provider Stripe. Subscriptions renew automatically at each renewal date unless canceled before the end of the current period.
  • The cost of AI processing is not included in the subscription: it is billed to the Client directly by its AI provider (BYOK model).

Prices are stated exclusive of tax or inclusive of all taxes, as indicated. Any amount unpaid when due may result in suspension of access.

5. Client obligations

The Client agrees to:

  • use the Service in accordance with applicable laws and regulations and with these Terms;
  • not divert the Service from its purpose, nor attempt to compromise its security or integrity;
  • guarantee the lawfulness of the data it imports, processes, and distributes through the Service;
  • respect the rights of third parties, in particular regarding personal data and intellectual property.

6. Responsible prospecting and compliance (specific clause)

The Client is solely responsible for the compliance of its prospecting activities. In connection with the processing of prospecting data, the Client acts as data controller and the Publisher as data processor (see the data processing agreement). In this respect, the Client agrees in particular to:

  • comply with the General Data Protection Regulation (GDPR) and the e-Privacy Directive, including the rules applicable to prospecting by electronic means;
  • have a valid legal basis for contacting its prospects and, where required, obtain their prior consent;
  • provide in each message a simple and free means to object to any further solicitation (opt-out) and honor unsubscribe requests without delay;
  • inform the data subjects and respect their rights (access, rectification, erasure, objection).

The Publisher provides a neutral tool. It exercises no editorial control over the content of the messages sent by the Client or over the prospect lists used.

7. Automation of LinkedIn and third-party networks (specific clause)

The Client is informed that automating actions on LinkedIn or other third-party platforms may breach the terms of use of those platforms and result in restrictions on or suspension of the Client's account. The Client uses these features at its sole responsibility. The Publisher recommends adopting conservative limits (reduced volumes, pacing close to human activity) and disclaims all liability for any sanction imposed by a third-party platform against the Client.

8. Availability of artificial intelligence

AI features are provided using the Client's API key. The quality, availability, and cost of these features depend on the AI provider chosen by the Client. The Publisher does not guarantee the accuracy of AI-generated content, which the Client must review and validate before any use.

9. Limitation of liability

The Service is provided "as is". To the extent permitted by law, the Publisher shall not be held liable for indirect damages (business interruption, loss of revenue, damage to reputation, loss of data resulting from the actions of the Client or a third party). In any event, the Publisher's aggregate liability, all causes combined, is limited to the amounts actually paid by the Client for the subscription during the twelve (12) months preceding the triggering event. The Publisher is not responsible for the consequences of AI processing, as such processing is carried out through the Client's key and account with a third party.

10. Term, termination, and deletion

The subscription is entered into for the term stated at the time of subscription and renews by tacit renewal. The Client may cancel at any time from its workspace or by contacting the Publisher; cancellation takes effect at the end of the current period. The Client may delete its workspace from the application, which results in the erasure of the associated data under the conditions described in the privacy policy. The Publisher may suspend or terminate access in the event of a serious breach of these Terms.

11. Changes to the Terms

The Publisher may amend these Terms to reflect legal, technical, or commercial developments. The Client is informed of substantial changes by an appropriate means. Continued use of the Service constitutes acceptance of the updated Terms.

12. Governing law and jurisdiction

These Terms are governed by French law. Failing amicable resolution, any dispute relating to their validity, interpretation, or performance falls within the jurisdiction of the courts of the district of the Publisher's registered office, subject to applicable mandatory legal provisions.