Terms of use

Definitions

“The Company” or “Dataleon” or “We” – the company Dataleon SAS (commercial name: “Dataleon”) located at 24 Rue de Clichy, 75009 Paris, France, VAT registration number: FR22820897585, https://dataleon.ai website (the “Site”) operator.

“You” or “User” – any regular or occasional user of the Young App Service such as Dataleon Site Visitor, Client, or Participant.

“Site” – both the content and the pages to which the User has access at dataleon.ai.

“Dataleon Service” – all services, functionalities, and applications accessible via the Site and provided by Young App. The Dataleon solution is a simple and smart process management tool for leads generation.

“Client” – a user who is validly registered and subscribed to Dataleon Service.

“Administrators”, “Managers”, or “Users” – authorized customers who create Accounts, processes, and pipelines.

“Account” – individual account created by Users who are registered via the Dataleon Service.

“Content” – all content published or distributed through Young App solution by Dataleon, Users, or by third parties. This includes texts, words, information, images, videos, sounds, data, or hypertext links.

“Visitor” – a person who is visiting the Dataleon Site with or without an account via the Dataleon Service.

Article 1. Property of Dataleon – acceptance of the Terms of use

These terms (the “Terms”) specify the conditions of use under which the User (or “You”) is authorized to use the Dataleon Service and the Dataleon Site.

These Terms are an agreement between You and the Dataleon company. You accept these Terms when You are using Dataleon Service.

BY USING THE Dataleon SERVICE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT ACCEPT THEM, PLEASE DO NOT USE THE YOUNG APP SITE OR Dataleon SERVICE.

Dataleon reserves the right, in its sole discretion and at any time, to change, modify, supplement, or delete parts of these Terms. You will be informed in advance if any modification is made.

If You continue using Dataleon Site and/or Dataleon Service after receiving notification about made changes, that means that You accept these changes. Until You comply with these Terms, Dataleon grants You a limited, non-exclusive, and non-transferable personal rights to access and use Dataleon Site and/or, where applicable, the Dataleon Service.

If You violate these conditions, Dataleon may for some time suspend or terminate Your access.

Article 2. Access and operation of the Dataleon Service

2.1 Access to the Dataleon Service

Because the Dataleon Service is being provided over the Internet, to access it, Users must have an Internet connection. All costs for telephone connections and Internet access are being covered by Users. Dataleon does not provide the User with auxiliary means to connect to the Site, particularly, with third-party software (such as telecommunication software), its installation, or with any equipment.

To access and use the Dataleon Service and its content, Young App grants the User with a limited, non-exclusive, and non-transferable license. This license is subject to compliance with the rules provided by these Terms.

Dataleon has the right at any time to interrupt or suspend access to all or some part of the Dataleon Service, to the Site or services, particularly, for operational or maintenance reasons, to modify, suspend, delete the Site and stop its publication on the Internet without users to claim any compensation.

2.2 How does Dataleon work

Dataleon does not guarantee that the functioning of the Young App Service will be continuous and error-free.

Dataleon cannot be responsible for the unavailability, interruption or malfunction of the Dataleon Service, for any unforeseen reason and, particularly, in the event of failure of an Internet service provider or its host, intrusion by third parties, and force majeure.

Dataleon does not make commitments for any inconvenience or damage inherent through using the Internet, such as the presence of computer viruses or spyware.

Article 3. Registering and creating account

3.1 Characteristics

To create an Account, You must be a physical person, who is eighteen (18) years old or who has reached the legal age in your country of residence or have received the agreement of your legal representative (parent or guardian) if You are under 18 years.

The Account is a user account that is available to You through the Account name.

The Account remains in the property of the Dataleon. You only have a right to access Dataleon Service through the Account available to you.

Managing Account and personal information may be done only through https://dashboard.dataleon.ai/account/informations.

The Account must comply with the following rules:

Personal information must be accurate, verifiable, complete and updated; a personal and valid email address must be entered.

Account connections (time, country, Internet service provider, proxy settings) must correspond to fair operation with a user account.

3.2 Rules for creating account

The Account or login name must comply with the following rules:

  • to be a pronounceable word (for example, the word HFRJIRO does not match this rule);
  • not to refer to political orientation, to an ethnic group, a community, a religion;
  • not be vulgar or insulting;
  • not have any sexual or pornographic connotation;
  • not resemble or imitate a registered trademark;
  • not to refer to a psychotropic substance or any other product prohibited by law;
  • not resemble or imitate the name of Dataleon’s employee or executive person;
  • not to be spelled or spelled alternatively in order to circumvent the rules imposed above.

3.3 Security

To guarantee the security of your Account, and therefore, avoid the Account theft commonly known as an “Account hacking”, You agree to:

  • Not give access to your Account to a third party. Lending, sharing, exchanging, donating, purchasing, transferring, and selling of Account is prohibited. Any loan, sharing, exchange, donation, purchase, transfer or sale of an Account will not be enforceable against Dataleon.
  • Take all measures to prevent a third party from accessing the Account activated by You, even without your knowledge.
  • Not to use the Account of another User.
  • Not to distribute your credentials, namely the Account name (login) and password.
  • Use a personal or professional mailbox and do not share the email.
  • Ensure that Dataleon can easily get in touch with You via your email address.

3.4 Responsibility

The security of your Account is your own responsibility. Young App is not responsible for any damage that may occur to your Account or your computer as a result of losing or sharing your Account credentials.

Dataleon is not responsible for the event of account theft or any alteration that may occur to your Account.

You also acknowledge that You are presumed to be the user of your Account and responsible for the actions taken through and regarding your Account.

You acknowledge that You, and not Dataleon, are responsible for all electronic communications and content sent by You and that You must use the Dataleon Service in compliance with applicable laws and regulations.

Article 4. Services

4.1 Services for Managers / Administrators

Managers and Administrators can:

  • Create Accounts;
  • Create processes – You can add as many processes as you wish within the reasonable limits (any abusive using can result in interrupting or deleting Dataleon Service);
  • Daily access process statistics;
  • Export and integrate data into their CRM.

4.2 Services trial version

Dataleon may make available the Services for the Client for a limited period for evaluating or promoting purposes (“Evaluation period”). During this period, the Client may take benefit from one (1) free process with a broadcast duration limited to thirty (30) minutes and with access restricted to certain functionalities.

The Client is responsible for the payment of the applicable fees detailed in the Order. During the Evaluation period, Dataleon provides the Services “as is” and without warranty or compensation, to the extent permitted by applicable law and by other applicable conditions. Dataleon reserves the right to modify or stop any evaluation or promotion period at any time without notification.

Article 5. Duration

Every Client can join the subscription offered by Dataleon for the duration corresponding to this subscription that is being confirmed by the Manager after accepting the special conditions of sale for the subscription chosen by the Manager.

Article 6. Orders, fees, and payment

6.1 Orders

The Client can order services using the valid Dataleon ordering processes. At its discretion, Dataleon may approve, verify, accept or not accept orders. All information about the Client received from the Client or on behalf of the Client must be current, complete, accurate, and kept updated by the Client.

6.2 Fees and payment

The Client is responsible to pay all Service Fees, which are due and payable according to the invoice and unless otherwise agreed in writing, payments are due within thirty (30) days from the invoice date. The Client agrees to (i) notify Young App of any disputed costs within fifteen (15) days from the invoice date, (ii) work in good faith to rapidly resolve any conflict and (iii) pay the fees within fifteen (15) days after the dispute was resolved.

If applicable, the Client authorizes Dataleon (a) to take measures to ensure that the bank card number provided is valid and (b) to charge a specified card, according to the billing frequency specified in the Order.

Dataleon reserves the right to terminate the Contract immediately if at any time the Client’s payment information is proven to be inaccurate or obsolete, and the Client will be responsible for overdraft costs or any other costs incurred in the result of using by Dataleon the Client’s card for payment. Dataleon reserves the right to update the price of the Services at any time after the Initial Term.

Dataleon will inform customers in writing about any price change with prior notice sent within a minimum of 15-days before the price is changed. All price changes will be effective starting from the next billing cycle. The Client must straightforwardly accept the made changes, or, otherwise, may terminate the contract.

6.3 Additional services

The Client at any time can order additional services. Unless otherwise stated in the applicable Order, any additional service ordered by the Client after the effective date is subject to these conditions of use and must coincide with the conditions of use of existing Services.

6.4 Overdue accounts

Dataleon reserves the right, at its convenience, (i) to suspend or terminate all or part of the Services due to non-payment of uncontested charges, and (ii) to impose a fee for restoring the archived data from overdue accounts. The Client agrees to reimburse the Dataleon for all reasonable costs and expenses incurred in recovering the overdue amounts.

Article 7. Termination procedure

7.1 Freemium model

Freemium subscriptions of indefinite duration can be terminated at any time by notifying customer service by email.

7.2 Premium model

Premium subscriptions of indefinite duration can be terminated at any time by notifying customer service by email.

To cancel the Premium subscription, the Client must notify the Dataleon in writing in the three months prior to the end of the subscription period.

When the Client terminates the Premium subscription:

The termination will stop Client billing and close access to all Premium features at the end of the current billing cycle.

No reimbursement of already paid sums will be provided and invoices issued before the date of the member’s official termination approval by Dataleon must be paid in full.

The changes will come into effect on the expiration date of the billing for the current subscription, at the end of the month for monthly Premium accounts, and at the end of the year for annual Premium accounts.

7.3 Non-compliance with obligations

In the event of obvious non-compliance with these obligations, Dataleon or the Member may officially take all appropriate action and terminate their relationships by sending a registered letter with acknowledgment of receipt to the other party. If within 30 (thirty) days, no action has been taken, Dataleon or the Member may terminate the subscription. In this case, the Member must contact the customer service.

Article 8. Deactivating and deleting account

If You deactivate your Account, You will no longer be able to use the Dataleon Service, although some information such as sent messages, replies and comments may still be visible.

You can reactivate your Account during a period of three (3) years from sending the deactivation request. Your Account information will be kept within this period. Once this period has expired, we will start deleting your account from our systems.

The deletion of your Account is final. That means it will not be possible anymore to reactivate or recover its content or any information.

If You wish to permanently delete your Account, without any recovery option, do not hesitate to contact us using the contact details indicated in Article 13 of these Terms.

Article 9. General obligations of user

You are not authorized to use mechanisms, programs, algorithms or other automatic methods such as “deep linking”, “scrapers”, “bot”, or “spider”, or any other similar or equivalent manual process, to access to, acquire, copy or monitor any part of the Dataleon or the Content, nor to reproduce or bypass the navigation structure or presentation of the Dataleon or the Content in order to obtain or try to obtain data, documents or information by means not purposely made available to You through the Dataleon.

Dataleon reserves the right to prohibit this type of activity. You must not try to gain unlawful access to any section or functionality of the Dataleon or to any other system or network connected to the Dataleon or to a Dataleon server, or to the services offered on or by the Dataleon, by hacking, “sniffing” passwords or by any other illegitimate means.

You must not try to probe, analyze or test the vulnerability of the Dataleon or any network connected to the Dataleon, nor violate the security and authentication of measures put in place on the site, Dataleon Service, or the networks connected to the Dataleon. You are not authorized to retro-interrogate, trace or try to trace information on other Dataleon users or visitors, or other Dataleon customers, in particular, any Dataleon account that is not yours, or to use the Dataleon Service or the services or information made available or offered on or by the Dataleon Service, in any way whatsoever, for the purpose of revealing this information, in particular, identifying personal or other information that is not yours, as it appears on the Dataleon Service.

You agree not to take any action that would impose an excessive or unreasonable load on the Dataleon infrastructure, the Site, systems or networks, or any other system or network connected to or through the Dataleon.

You agree to use no device, software or subprogramme to interfere or try to interfere with the proper functioning of the Dataleon or any transaction carried out through the site and through the Dataleon Service or through the using of the Dataleon by any other person.

You should not attempt to imitate headers or manipulate identifiers in any way to disguise the origin of a message or transmission sent to Dataleon on or through the Dataleon Service, or another service offered on or through the Young App Service. You must not pretend to be or represent someone else, or pretend to be another physical or legal entity.

You must not use the Dataleon Service or its Content with the purpose that is unlawful or prohibited by these Terms, nor in order to encourage any illegal or other activity infringing the rights of Dataleon or third parties.

Article 10. Obligations of the user in terms of content

It is recalled that only the User is responsible for the content that he broadcasts on the Internet, on the Dataleon Service, and User’s dedicated space, in no case Dataleon, can be considered as responsible for the content created by the User. The Users undertake that their content does not infringe the rights of third parties, and particularly:

10.1 Obviously illegal content

  • Content posted by the user should not induce hate, violence, anorexia, manufacturing and using explosives, suicide, racism, antisemitism, xenophobia, violence, homophobia, to praise war crimes or crimes against humanity.
  • The content published by the user must in no case be of a pedophile or child-pornographic nature.
  • The content published by the user must not incite to commit a crime, an offense or an act of terrorism, or even to encourage suicide.
  • The content published by the user must not incite discrimination against a person or a group of people because of their ethnicity, religion, race, sexual orientation, or because of handicaps.
  • As part of its monitoring obligations on manifestly illegal content, enacted by the law of January 21, 2004, for confidence in the digital economy, Dataleon may need to view a copy of the messages sent by the user via internal messaging.

10.2 Contentious content

Before any publication, the user is obliged to get acquainted with the rules and limits relating to freedom of expression. Freedom of expression allows criticism, reporting of verified and proven information that allows denigration and defamation. Any denigration, defamation, or allegation of inaccurate or deliberately truncated information aimed to change its meaning may lead to prosecution against the author.

  • The content published by the user must not infringe or be contrary to public order, decency or be able to offend the sensitivity of minors;
  • The content published by the user must not be pornographic;
  • The content published by the user must not infringe the rights to reputation, the privacy of third parties and reputation;
  • The content published by the user must not, in the strict sense of the law, disparage or defamatory;
  • The content published by the user must not infringe an image, reputation, privacy of a brand or any physical or legal person;
  • Freedom of expression allows criticism when it is objective, argued, and based on real facts;
  • User-published content must not jeopardize the security or integrity of any state or territory;
  • User-published content must not allow third parties to obtain pirated software, software serial numbers, or any software that may harm or infringe, in any way, the property rights or other third-party rights;
  • The content published by the User must not infringe on the intellectual property rights of any physical or legal person.

Article 11. Intellectual property – trademarks

All texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sound, music, illustrations, and computer codes (collectively referred to as “Intellectual content”), including the design, structure, selection, coordination, expression, appearance and user-friendliness, presentation and layout of this Intellectual content, appearing on the site and on the Dataleon Service is owned, controlled or licensed by or regarding to Dataleon, and is protected by laws on trade dress, copyrights, patents and trademarks, and various other applicable laws related to intellectual property and unfair competition.

Unless expressly stated in these Terms, no section of the Dataleon, Site, or any Intellectual content may be copied, reproduced, republished, downloaded, published, exhibited in public, encoded, translated, transmitted or distributed in any way either (including “mirroring”) to another computer, server, website or publication or distribution medium, or for any commercial enterprise whatsoever, without the prior written consent of the Dataleon.

You can use information about Dataleon products and services (such as datasheets, the knowledge base articles, and similar information) purposely made available by Dataleon for download, to the extent where:

(1) You do not delete the copyright notices on copies of these documents,

(2) You use this information for your personal and non-commercial use and you do not copy and publish this information on a network computer and you do not distribute it in any media whatsoever,

(3) You do not make any changes to this information,

(4) You do not make any commitment or guarantee as to the content of these documents.

Article 12. Liability and guarantee

Dataleon will make every effort to ensure the proper functioning of the Service and provide You with 24-hours-a-day and 7-days-a-week Service.

However, Dataleon has only an obligation of means regarding access and use of the Service. Dataleon cannot guarantee that the functions offered by the Service will always be available or without typographical, technical, or other errors, that the faults will be corrected, or that the hosting Services or servers are free of viruses or bugs.

For maintenance, testing, repair or any other reason related to the improvement and operation of the Service, it may be temporarily interrupted by the Dataleon, without its responsibility being engaged. Dataleon alone will decide whether to grant compensation to you in the event of interrupting the Service.

Dataleon cannot be responsible in cases of force majeure provided for by law and as defined by the case law of French courts and tribunals including the interruption, suspension, reduction, or disruption of electricity supply or other interruptions of telecommunications networks.

Furthermore, Dataleon cannot be responsible for the content of the User’s personal Sites or pages (websites, User’s personal blogs, which are accessed externally or internally to the Dataleon). Users accept and acknowledge that they are solely responsible for the information, texts, images, videos, data, files, programs contained in their personal spaces or on their personal pages.

Users agree to make their own business and to release Young App from any responsibility, loss, claim, litigation, damage, or expense, including legal and defense costs, claimed by a third party or by another user due to their personal spaces or their personal pages.

Dataleon is bound by an obligation of means within the framework of these Terms and cannot, in any case, be responsible for any loss, prejudice or indirect damage of any kind whatsoever resulting from the management, use, operation, an interruption or a malfunction of the Service.

Dataleon cannot be responsible for the content of external sites and for the functioning of access to these sites. Young App does not endorse and is not responsible for the content, ideas, opinions, products, or services sold on these external sites.

The User acknowledges being solely responsible for the hypertext links and Internet addresses that he includes on his site or personal page and guarantees Dataleon, its subsidiaries, managers, agents and employees against any litigation or claim relating to these links.

Dataleon does not guarantee against and cannot be responsible for the loss or alteration of the files or data that the User transfers to his personal space on the Dataleon Service.

The Users agree to transfer their data and files under their sole responsibility and knowingly. It is the responsibility of the Users to take any safeguard measure that they deem necessary.

Article 13. Personal information – Privacy policy

Dataleon is required to collect and process certain personal data of the User, including User's IP address, connection, and navigation data and data stored in cookies (“Data”).

Dataleon provides Users with collecting and processing their data in compliance with the provisions of the Law No. 78-17 of January 6, 1978, relating to data, files and freedoms (modified by the Law No. 2004-801 of August 6, 2004, and the Law No. 2016-1321 of October 7, 2016, for a Digital Republic) (the “Data Protection Act”) and, with effect from May 25, 2018, Regulation No. 2016/679 of European Parliament and of the Council of April 27, 2016 (the “Rules”), according to its Privacy Policy.

The Privacy policy is an integral part of the Terms.

For a more detailed description of the conditions for the collection and processing of User Data, the User is invited to review the Privacy Policy.

Under the provisions of the Data Protection Act and the Regulations, Users have a right to access, rectify, delete their Data, set limits or be opposite regarding to their processing, the right to define storage-related directives, the right to the Data portability, be sure that in case of death, the Data will be erased and transferred.

Users exercise their rights:

  • via the personal space;
    • by emailing at privacy@dataleon.ai;
    • by post to the attention of Dataleon – personal data management service – at 24 Rue de Clichy, 75009, Paris.

    Dataleon is committed to ensuring the existence of adequate levels of protection according to applicable legal and regulatory requirements. However, as no mechanism offers absolute security, some risk remains when the Internet is used to transmit data.

    Dataleon will notify the CNIL and/or to the concerned person about possible data breaches covered by this Regulation.

    Article 14. Sanctions

    In the event of violation of one or more provisions of these Terms, the subscription contract as a Member, or any other document written by Dataleon, the latter reserves the right to terminate or restrict without any prior notice and at its sole discretion, your using and access to the Dataleon Service, your Account and all other Dataleon services.

    Article 15. Modification of terms – special conditions

    15.1 Modifications

    Dataleon reserves the right to modify these Terms at any time.

    Every modification will take effect as soon as it is posted on the site and of by the Dataleon Service. Dataleon undertakes to inform Users beforehand by email or by posting on the site and by the Dataleon Service. To use the Dataleon Service, the User must accept the modification.

    15.2 Services

    Each service may be the subject to special conditions.

    Dataleon is free to add and remove services from the Young App and/or modify their characteristics, conditions of use, and other specific conditions. The company will inform members beforehand by email or posting on the site and through the Dataleon Service.

    The User may be required, within the framework of using the Service Dataleon or through it, to use services or access content provided by third parties. Dataleon declines all responsibility for the said services and unrelated content, the third party supplier of the service or content being solely responsible regarding the User.

    Dataleon can in no way be held responsible for any damage occurring in the context of exchanges made outside the Young App, even between members.

    Article 16. Purchases – other terms

    Additional terms may be applied to purchases of goods or services, as well as to specific sections or functionalities of the Dataleon, in particular, contests, promotions and other similar offers, the Dataleon Events®, the Dataleon for education® or the Dataleon micro®, said conditions being incorporated into these Terms for reference. You agree to comply with these additional terms and conditions. In the event of a contradiction between these Terms and the conditions published on our website, or applicable to a specific section of the Dataleon or for a service offered on or via the Dataleon Service, these latter conditions will prevail and govern the use of this section of the Dataleon or this specific service.

    If applicable, Dataleon’s obligations towards its Products and Services are governed solely by the agreements under which they have been defined and nothing contained on the Dataleon Service can not be interpreted in such a way as to modify these agreements.

    Dataleon may make changes to the Products and Services offered on the site and on the Dataleon Service or to the prices applicable to these Products and Services at any time and without notice.

    Article 17 – Applicable law – competent jurisdiction

    These Terms are governed by French law.

    In the event of disputes or complaints from the User, Young App or a third party related to using the Service, only the version of these Terms accessible on the Site and on the Young App Service will be binding between the parties, no matter what is the date of the dispute.

    In the absence of an amicable solution, any dispute that may arise between the parties concerning the formation, execution, interpretation or termination of the Contract will be the exclusive jurisdiction of the competent French courts in Paris, including the event of summary proceedings, petitions or multiple defendants.