General terms and conditions of sale

Terms and Conditions of Use

Updated on: 1 April 2020

PREAMBLE

Influspy is a web platform, available at https://www.influspy.com/ (the 'Site').

This Site is published by InfluSpy, SAS with a capital of 1,000 Euros, having its registered office in Paris and registered with the Paris Trade and Companies Registry under the identification number In the process of being created, (hereinafter referred to as "the Publisher"). Influspy is accessible to users (the "User(s)").

InfluSpy is hosted by OVH Groupe SAS, SAS, whose head office is located at 2, rue Kellermann, 59100 Roubaix. This host can be contacted at this email address : ***contact hosting provider TX***.

The purpose of these General Terms and Conditions of Use (the "Terms" or, taken as a whole, the "Agreement") is to define the terms and conditions governing the relationship between Users and InfluSpy. In the event of non-compliance with the terms and conditions of these Terms and Conditions, InfluSpy reserves the right to take all measures to protect its interests and, in particular, to ensure their execution.

The User undertakes on each of his visits to the Platform to respect all of these Conditions without any reservation. Consequently, the User acknowledges having read the Conditions and agrees to be bound by these provisions. If the User accesses the Platform on behalf of a company or any other legal entity, he is nevertheless personally bound by this Contract.

ARTICLE 1: PURPOSE OF THE SITE

The Site allows the User to access the following services in particular: Computer software (the 'Service(s)').

InfluSpy, in accordance with these Terms, grants Users a limited, revocable, non-exclusive, non-transferable right of access to the Services on a strictly personal basis. Any use of the Platform contrary to its purpose is strictly prohibited and constitutes a breach of these Terms.

ARTICLE 2: ACCESS TO THE SITE

To be eligible for the Service, the User may be a natural or legal person.  

InfluSpy reserves the right to suspend or deny access to the Site to one or more Users.

ARTICLE 3: SITE MANAGEMENT

The Publisher implements the technical solutions necessary to allow continuous access to the site for the User. However, it reserves the right to limit or suspend access to all or part of the Site at any time and without notice. Such an interruption may in particular be made necessary for reasons of maintenance of the site or its contents, or for any other reason deemed necessary for the proper functioning of the site by the Editor.

The use of the Platform requires a connection and an internet browser. The Platform can be accessed at the following address: https://www.influspy.com/. In order to guarantee the proper functioning of the Site, it is specified that the Site is optimized for :

• a screen resolution of 1280×768 pixels;
• the latest versions of Edge, Chrome, Firefox and Safari browsers.

All hardware and software required to access the Platform and use the Services shall remain the sole responsibility of the User.

ARTICLE 4: ALERTS

The user has the possibility to contact the Publisher in order to report any illegal or obviously inappropriate behaviour or content. Such a report may be made by e-mail to contact.influspy@gmail.com ARTICLE 5: USE OF THE PLATFORM SERVICES

1.1 User Obligations

The Users shall refrain from :

1. to transmit, publish, distribute, save or destroy any material, in particular the contents of InfluSpy, in violation of the laws or regulations in force concerning the collection, processing or transfer of personal information ;

2. 2. to disseminate data, information or content of a defamatory, insulting, obscene, offensive, violent or inciting to violence, or of a political, racist or xenophobic nature and in general any content that would be contrary to the laws and regulations in force or to good morals;

3. To reference or create links to any content or information available from the InfluSpy websites, unless InfluSpy has given its express, prior and written consent;

4. Use any information, content or any data present on the Site in order to offer a service considered to be competitive to InfluSpy.

5. to sell, exchange or monetize information, content or data present on the Platform or Services offered by the Platform, without the express written consent of InfluSpy ;

6. Reverse Engineering, decompile, disassemble, decipher or otherwise attempt to obtain source code in connection with any underlying intellectual property used to provide all or part of the Services;

7. use any software or manual or automated devices, coding robots or other means to access, explore, extract or index any page of the Site ;

8. to endanger or attempt to endanger the digital security of InfluSpy. This includes attempts to check, scan or test the vulnerability of the system or network or to violate security or authentication measures without express prior authorization ;

9. to counterfeit or use the products, logos, trademarks or any other element protected by the intellectual property rights of InfluSpy ;

10. 10. to simulate the appearance or functioning of the Site, for example by using a mirror effect ;

11. disrupt or disturb, directly or indirectly InfluSpy, or impose a disproportionate burden on the infrastructure of the Site, or attempt to transmit or activate computer viruses via or on the Site.

It is recalled that violations of system or network security may lead to civil and criminal prosecution. InfluSpy verifies the absence of such violations and may call upon the judicial authorities to prosecute, if necessary, Users who have participated in such violations.

Users undertake to use the Site in a loyal manner, in accordance with its purpose and the legal and regulatory provisions, these Terms and Conditions and the practices in force.

1.2 User Accounts

The Publisher reserves certain InfluSpy services to users who have registered on the site, in particular for paid services. When registering, the user undertakes to provide valid and truthful information. In particular, he or she undertakes to provide the Publisher with an email address so that the latter can send him or her information.

Any information communicated by e-mail from the Publisher to the User will be deemed to have been read by the User.

Any user regularly registered on the Site may request the deletion of his customer account. The Publisher undertakes to delete the customer accounts for which it has received such a request.

Personal customer data is deleted after 0 months without the customer having logged in.

ARTICLE 6: INTELLECTUAL PROPERTY

The entire content of the Site, including but not limited to designs, text, graphics, images, videos, information, logos, button icons, software, audio files and other content belongs to InfluSpy, which is the sole owner of all related intellectual property rights.

Any representation and/or reproduction and/or partial or total exploitation of the content and Services offered by InfluSpy, by any means whatsoever, without the prior written consent of InfluSpy, is strictly prohibited and may result in legal proceedings.

ARTICLE 7: PERSONAL DATA

All personal data held by InfluSpy is collected legally and fairly in accordance with the terms of the privacy policy available at this address: https://www.influspy.com/privacy-policy.

This data is provided by Users who voluntarily and expressly accept the present Terms authorizing InfluSpy to process, disclose or transfer such data to any third party in order to (i) allow the User to take full advantage of the Services and functions offered by the Site, (ii) prevent fraud and/or (iii) for statistical purposes.

In order to facilitate the use of the Site and to personalize the User's experience on the Site, InfluSpy uses cookies and log files. The use of cookies can be deactivated by modifying the parameters of the web browser.  

Personal data is stored by InfluSpy for the purpose of processing it in connection with the use of the Services. They are kept for as long as necessary for the provision of the Services and functions offered by the Site.

The User always remains the owner of the information concerning him/her that he/she transmits to InfluSpy. In accordance with Law No. 78-17 of January 6, 1978, as consolidated on March 24, 2020, the User has the right to access, rectify and delete personal data concerning him/her, as well as the right to oppose the communication of such data to third parties for legitimate reasons.

Users may exercise their rights by writing to the following e-mail address: contact.influspy@gmail.com.  

The User may also exercise his rights by writing to the following postal address: ***postal TX***.

An answer to the User's request will be sent to him/her within 30 days.  

ARTICLE 8: LIABILITY

Users are reminded that data published by Users and information shared by them may be captured and used by other Users or third parties. In this respect, InfluSpy does not guarantee that the ownership of such data will be respected. It is the User's responsibility to take all necessary measures to ensure that the ownership of his data is preserved.

InfluSpy does not guarantee the uninterrupted or error-free operation of the Services. In particular, InfluSpy cannot be held liable in the event of interrupted access to the Platform due to maintenance operations, updates or technical improvements.

In any event, InfluSpy shall under no circumstances be liable for any indirect or unforeseeable loss or damage suffered by the User or any third party, including in particular any lost profits, any unfortunate investment, inaccuracy or corruption of files or data, damage to image or business, loss of turnover or profit, loss of clientele or loss of opportunity related to any title and on any grounds whatsoever.

In addition, InfluSpy shall not be liable for any delay or non-performance of this Agreement justified by a case of force majeure, as defined by the jurisprudence of the French courts and tribunals.  

ARTICLE 9: CONVENTION OF EVIDENCE

The computer systems and files are proof of the relationship between InfluSpy and the User.

Thus, InfluSpy may validly produce in the context of any proceedings, for purposes of proof, data, files, programs, recordings or other elements, received, transmitted or stored by means of the computer systems in use, on any digital or analog media, and rely on them, except in the case of manifest error.

ARTICLE 10: INDIVISIBILITY

The fact that any of the provisions of the Contract is or becomes illegal or unenforceable shall in no way affect the validity or enforceability of the remaining provisions of the Contract.

ARTICLE 11: SETTLEMENT OF DISPUTES

The conclusion, interpretation and validity of this Agreement shall be governed by French law, regardless of the User's country of origin or the country from which the User accesses InfluSpy and notwithstanding the principles of conflict of laws.

In the event that a dispute concerning the validity, performance or interpretation of this Agreement is brought before the civil courts, it shall be subject to the exclusive jurisdiction of the French courts to which jurisdiction is expressly granted, even in the event of summary proceedings or multiple defendants.

The User is informed that he or she may in any event have recourse to conventional mediation or any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.

ARTICLE 12: CANCELLATION AND REFUNDS

The User may cancel his subscription at any time if he has registered for a non-binding offer via the "My Account" tab of the software. The end of validity of his subscription occurs one month after his last payment.

Purchases of Digital Content are considered firm and definitive and may not give rise to any exchange or refund. No refund will be made on a one-month subscription to the InfluSpy platform.

ARTICLE 13: DURATION OF THE GENERAL CONDITIONS OF USE

These general terms and conditions of use are concluded for an indefinite period of time, the User is obliged to respect them from the beginning of his use of the Services.

The Publisher reserves the right to modify this document at any time and without notice. Users will be informed of each update of the document.

‍