General Terms & Conditions of Use

I. Purpose

The company CRM Checker (hereafter "CRM Checker") offers its users (hereafter the "Users") a service allowing them to enrich the data of their customer, prospect and supplier databases (hereafter the "Data") through various data operations.

The services offered by CRM Checker (hereinafter the “Services”) are accessible via the website (hereinafter the “Site”).

The purpose of these general conditions is to define the terms and conditions of use of the Services offered on the Site as well as to define the rights and obligations of the parties in this context.

They are accessible and printable at any time by a direct link at the bottom of the Site page.

They may be supplemented, where appropriate, by conditions of use specific to certain Services, which supplement these general conditions and, in the event of contradiction, prevail over them.

  1. Access to the site and the Services

The Site and the Services are intended exclusively for professionals in the context of their activity.

In this context, the Services are thus accessible, subject to the restrictions provided on the Site:

to any natural person having the power or authorization to engage under these general conditions. A natural person who does not have full legal capacity may only access the Site and the Services with the consent of his legal representative;
to any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.
3. Acceptance of the general conditions

The acceptance of these general conditions is materialized by a checkbox in the registration form. This acceptance can only be full and complete. Any conditional membership is considered null and void. User who does not agree to be bound by these Terms and Conditions shall not use the Services.

  1. Registration on the Site

4.1. To use the Services, the User must:

either complete the registration form available on the Site;
or be registered with one of the third-party sites indicated on the Site and use their login credentials for said third-party site to register on the Site. In this case, he must provide CRM Checker with any additional information requested. The User expressly authorizes CRM Checker to access his account data on the third-party site concerned.

In any case, the User must provide CRM Checker with all the information marked as mandatory. Any incomplete registration will not be validated.

The User guarantees that all the information he gives in the registration form or that he provides through the third-party sites referred to above is accurate, up-to-date and sincere and is not vitiated by any misleading nature. .

He undertakes to update this information in his Account in the event of modifications, so that they always correspond to the aforementioned criteria.

The User is informed and accepts that the information entered for the purpose of creating or updating his Account is worth proof of his identity. The information entered by the user is binding upon validation.

4.2. The User can access their Account at any time after identifying themselves using their login ID and password.

The User agrees to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.

He is also responsible for maintaining the confidentiality of his username and password, any access to the Site using these being deemed to have been made by the User. The latter must immediately contact CRM Checker at the contact details mentioned herein if he notices that his Account has been used without his knowledge. He acknowledges that CRM Checker has the right to take all appropriate measures in such cases.

  1. Description of Services

CRM Checker offers a service to enrich User Data, through various operations on the data.

The Services are detailed on the Site, in a form and according to the functionalities and technical means that CRM Checker deems most appropriate.

To perform the Services, CRM Checker offers 2 (two) offers (hereinafter the “Offers”):

Unique search: the User enters the site Data to be processed (hereinafter the Unique search Data). CRM Checker performs the enrichment operations and returns the processed and updated Data to the User.
CSV Upload: the User places on the Site his files containing the Data to be processed (hereinafter the “Files”). CRM Checker performs the enrichment operations and returns the processed and updated Data to the User.
6. Financial conditions

6.1. Price

The prices of the Services are indicated on the Site.

For each Offer, several subscription formulas (hereinafter the “Subscriptions”) are offered. Depending on the Subscription chosen, the User will benefit from the CRM Checker Services for a limited number of credits (hereinafter “Credit”).

Credit is defined as a search by the User or the completion of a search by CRM Checker in the Files, each duplicate item is considered as a stand-alone search for pricing.

If the effective number of credits exceeds the maximum number authorized under the subscribed Subscription, the User automatically switches to the next Subscription allowing the processing of a greater number of credits (hereinafter the "Update") .

Credits not consumed by the User will not be carried over to the following Period (as defined in the article “Duration of Services, Termination”). The User will no longer be able to benefit from his Credits in the event of termination under the conditions provided for in the article “Duration of Services, Termination”.

Unless otherwise stated, prices are expressed in Euros and excluding taxes.

CRM Checker reserves the right, at its own discretion and according to terms of which it will be the sole judge, to propose promotional offers or price reductions.

6.2. Price-revision

The prices referred to in the article "Prices" may be subject to revision by CRM Checker at any time, at its sole discretion.

The User will be informed of these changes by CRM Checker by any useful written means (and in particular by email) at least 1 (one) month before the entry into force of the new prices. The User who does not accept the new prices must terminate his use of the Services in accordance with the terms provided for in the article "Term of the Services, Termination".

Once effective, the new prices apply upon renewal of the Subscription.

6.3. Billing

The Services are subject to invoices per Subscription Period as defined in the article “Duration of Services, Termination” which are communicated to the user by any useful means.

6.4. Payment terms

Payment of the Subscription price is made by bank card or direct debit from the User's bank card number.

The direct debit is implemented by the company Stripe, which alone keeps the user's bank details for this purpose. CRM Checker does not store any bank details.

The price of the Subscription is due and its debit is made on the day the Subscription is taken out, then on its anniversary date at each renewal.

The user guarantees to CRM Checker that he has the necessary authorizations to use the chosen payment method. He undertakes to take the necessary measures so that the automatic debit of the price of the Subscription can be carried out.

6.5. Payment delays and incidents

The User is informed and expressly accepts that any delay in payment of all or part of an amount due on its due date will automatically result, without prejudice to the provisions of the articles "Sanction for breaches" and "Duration of Services, Termination" and from the day following the date of payment appearing on the invoice:

‍ (i) forfeiture of the term of all sums owed by the User and their immediate payment;

(ii) the immediate suspension of the Services in progress until full payment of all sums owed by the User;

(iii) billing to CRM Checker of late payment interest at the rate of 3 (three) times the legal interest rate, based on the amount of all sums owed by the User and a fixed compensation of €40 (forty) for recovery costs, without prejudice to additional compensation if the recovery costs actually incurred exceed this amount.

  1. Duration of Services, Termination

The Services are taken out in the form of a Subscription.

The Subscription begins on the day of its subscription, subject to payment of the price in accordance with the "Financial Conditions" article, for the duration subscribed by the User, which may be monthly or annual (hereinafter the "Initial Period"). ), from date to date.

It is then tacitly renewed, for successive periods of the same duration as the Initial Period (hereinafter referred to, with the Initial Period, the "Periods"), from date to date, unless terminated by CRM Checker or by the User, which can be done at any time.

In the event of an Update during the Period, it will be considered that the User has subscribed to a new Subscription. As such:

a new Period will begin to run from the Update date;
the sums due for the current Period before the Update date remain due in their entirety;
the User will be liable, under the conditions specified in the article “Financial conditions”:
o the price of the new Subscription in the case of a monthly Subscription;

o the difference between the old and the new Subscription in the case of an annual Subscription.

Termination of the Subscription by the User is carried out by contacting CRM Checker by email using the contact details given herein or directly through the discussion tool (chat) available on the Site. Once the functionality is available, the termination of the Subscription can also be done directly through his Account.

The denunciation of the Subscription by CRM Checker is carried out by sending an email to the user.

Any Subscription Period started is due in full.

  1. Agreement of proof

The User acknowledges and expressly accepts:

(i) that the data collected on the Site and CRM Checker's computer equipment are proof of the reality of the operations carried out within the framework of these presents;

‍ (ii) that these data constitute the main mode of proof accepted between the parties, in particular for the calculation of the sums due to CRM Checker.

  1. Obligations of the User

Without prejudice to the other obligations provided for herein, the User agrees to comply with the following obligations.

‍ 9.1. The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

9.2. The User acknowledges having read on the Site the characteristics and constraints, in particular technical, of all the Services. He is solely responsible for his use of the Services.

9.3. The user undertakes to make strictly personal use of the Services. It therefore refrains from assigning, conceding or transferring all or part of its rights or obligations hereunder to a third party, in any way whatsoever.

9.4. The User undertakes to provide CRM Checker with all the information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with CRM Checker with a view to the proper execution of these presents.

‍ 9.5. When the Data is stored in the servers of a third-party service provider, for example Salesforce, Hubspot and Pipedrive, the User expressly authorizes CRM Checker to access his Data, and, where applicable, his account on the service provider's site, and to carry out on the Data any operation necessary for the implementation of the Services, such as adding, modifying, deleting or merging the Data. The user undertakes to take any useful measure and to provide CRM Checker with any information necessary for this purpose.‍

9.6. The User acknowledges that the Services offer him an additional, non-alternative solution for processing, correcting and updating his Data and that this solution cannot replace other means that the User may have elsewhere to achieve the same objective.

9.7. The User is informed and accepts that the implementation of the Services requires that he be connected to the internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

  1. User Warranty

The User indemnifies CRM Checker against any complaints, claims, actions and/or claims that CRM Checker may suffer as a result of the violation by the User of any of its obligations or guarantees under these general conditions.

He undertakes to indemnify CRM Checker for any damage it may suffer and to pay it all the costs, charges and/or judgments it may have to bear as a result.

  1. Prohibited behavior

11.1. It is strictly prohibited to use the Services for the following purposes:

the exercise of illegal, fraudulent activities or activities that infringe the rights or the security of third parties,
breach of public order or violation of the laws and regulations in force,
intrusion into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security,
the sending of unsolicited emails and/or prospecting or commercial solicitation,
manipulations intended to improve the referencing of a third-party site,
aiding or inciting, in any form and in any way, one or more of the acts and activities described above,
and more generally any practice diverting the Services for purposes other than those for which they were designed.

11.2. Users are strictly prohibited from copying and/or misappropriating for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the Site.

11.3. The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into CRM Checker's systems, (iii) any misappropriation of the system resources of the Site, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructure, (v) any breaches of security and authentication measures, (vi) any acts likely to infringe the rights and financial interests , commercial or moral of CRM Checker or users of its Site, and finally more generally (vii) any breach of these general conditions.

11.4. It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the Site, as well as to the information which is hosted and/or shared there.

  1. Penalties for breaches

In the event of a breach of any of the provisions of these general conditions or more generally, a violation of the laws and regulations in force by a User, CRM Checker reserves the right to take any appropriate measure and in particular to:

(i) Suspend access to the Services of the User, author of the breach or offense, or having participated therein,

(ii) delete any content posted on the Site,

(iii) publish on the Site any information message that CRM Checker deems useful,

(iv) notify any relevant authority,

(v) initiate any legal action.

  1. Liability and warranty of CRM Checker

13.1. CRM Checker undertakes to provide the Services with diligence and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept. .

13.2. As the Services are performed by an algorithm using an automatic process, CRM Checker cannot guarantee that the updating of the Data will be error-free, in particular in the event of homonymy, and its liability cannot be engaged in this regard. In the event of an error, CRM Checker undertakes, at the request of the User, to correct the said error as soon as possible.

13.3. CRM Checker undertakes to carry out regular checks in order to verify the operation and accessibility of the Site. As such, CRM Checker reserves the right to temporarily interrupt access to the Site for maintenance reasons. CRM Checker cannot be held responsible for temporary difficulties or impossibilities of access to the Site which would have as their origin circumstances which are external to it, force majeure as defined in article 1218 of the Civil Code, or which would be due to disturbances telecommunications networks.

13.4. CRM Checker does not guarantee to Users (i) that the Services, subject to constant research to improve performance and progress in particular, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way offered for the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations.

13.5. In any event, the liability likely to be incurred by CRM Checker hereunder is expressly limited only to proven direct damages suffered by the User.

  1. CRM Checker Intellectual Property

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by CRM Checker within the Site are protected by all rights of applicable intellectual property or database producer rights. All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of CRM Checker are strictly prohibited and may be subject to legal proceedings.

  1. Personal data

15.1. Users' personal data

CRM Checker practices a personal data protection policy, the characteristics of which are explained in the document entitled “Charter relating to the protection of personal data”, which the User is expressly invited to read.

15.2. Data processed by CRM Checker as part of the Services

The processing of Data by CRM Checker is subject to the "Data processing agreement" accessible on the Site, which the User must expressly accept by ticking a box in the registration form.

  1. Advertising

CRM Checker reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions of which CRM Checker will be the sole judge.

  1. Third Party Links and Sites

CRM Checker cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the User may access via the Site.

CRM Checker accepts no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are reminded that they are governed by their own terms of use.

CRM Checker is also not responsible for transactions between the User and any advertiser, professional or merchant (including any partners) to which the User would be directed through the Site and can in no way be party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.

  1. Commercial references

The User expressly authorizes CRM Checker to quote it and to use, where appropriate, the reproduction of its brand or logo as commercial references, in particular during demonstrations or events, in its commercial documents and on its website, under any form whatsoever.

  1. Amendments

19.1. CRM Checker reserves the right to modify these general conditions at any time.

19.2. The registered User will be informed of these modifications by any useful means at least 1 (one) month before their entry into force.

The modified general conditions will apply from the renewal of this Subscription following their entry into force.

19.3. If he does not accept the modified general terms and conditions, he must unsubscribe from the Services in accordance with the terms provided for in the article "Term of the Services, Termination".

19.4. Any User who uses the Services after the entry into force of the modified general conditions is deemed to have accepted these modifications.

  1. Language

In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.

  1. Applicable law and jurisdiction

These general conditions are governed by French law. In the event of a dispute over the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Paris will have exclusive jurisdiction to judge, unless there are mandatory rules of procedure to the contrary.

  1. Entry into force

These general terms and conditions entered into force on July 11, 2022.

Legal notice

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SIRET number: 87835166700018

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