Mobile Terms of Subscription

These terms and conditions (the “Terms of Service”) set forth the legally binding Terms of Service of access to and use of the Platform owned and operated by Tripnity, a French “Société par actions simplifiée”, with a share capital of €150 000, incorporated on the Limoges Trade and Companies Register under number 480 850 346, whose registered office is located at 12, rue Armand Barbès 87000 Limoges France (hereafter “ICONOSQUARE”).

You shall read the provisions of these Terms of Service carefully and print it out for Your personal record.

By double clicking on “I have read the T&C of Access to the Platform” and “I agree to the T&C of Access to the Platform”, You - as individual or as Authorized User representing Your Company - will be bound by these Terms of Service.{'\n'}If You do not agree to these Terms of Service, You will not be able to access and to use Service and Modules.

In this Terms of Service, the following terms and expressions shall have the following meaning:

“Account”: account opened following Online Registration Process, to which each Member has access using its email and password.

“Authorized User”: Any representative or employee of Company who is granted the right to access the Platform in accordance with the Online Registration Process further described below. For security reasons, Company shall only register one Authorized User who must have full capacity to legally bind its Company.

“Company”: Any corporation or business entity, in the name and on behalf of whom, Authorized User agreed to Terms of Service during the Online Registration Process.

“Connection Points”: Extremities of the Platform connected to telecommunication networks for receiving requests and for providing Service and access to the Modules.

“Content”: any content (texts, images, photographs, illustrations, videos and comments) uploaded and/or hosted on the Platform resulting from the use of the Service and the Modules.

“Contest”: any contest that an Authorized User may create and organize using the Contest Module provided by ICONOSQUARE for this purpose.

“Data”: Data that can be collected and processed in connection with the Service. Data are considered as personal data whenever they allow the identification of persons to whom they are attached.

“Effective Date”: Date on which You have accepted the Terms of Service.

“Free Trial”: means the possibility for Company to try certain Modules for free during a seven (14) days period.

“Member”: any individual or Authorized User who has opened an Account and can access to the Platform.

“Module(s)”: Set of software development, databases, codes, scripts and application layers designed by ICONOSQUARE. The characteristics of each Module are detailed on ICONOSQUARE’s web site.

“Online Registration Process”: Process through which Company shall be registered via the Platform and accept these Terms of Service, so that its duly registered Authorized User will have access to Service and Modules.

“Platform”: All software and equipment, including Modules and Servers, implemented by ICONOSQUARE for providing You the Service. Hosting of the Platform is subcontracted by ICONOSQUARE.

“Servers”: equipment connected to the Internet and hosting the Modules and the Data.

“Service”: Service provided by ICONOSQUARE allowing to access to the Platform and the Modules.

“Subscription Fee”: fee paid in advance in order to benefit from the Service and the Modules.

“You”: any individual who subscribe to Service for is personal purpose or for the purpose of its Company.

The purpose of the Terms of Service is to set forth the conditions under which ICONOSQUARE provides You with Service and access to Modules.

Terms of Service will become effective as of the Effective Date and will continue in effect for a term of one month or one year from the Effective Date depending on the minimum duration selected by You during the Online Registration Process.

The duration will be automatically renewed for successive periods of the same duration as the initial term (e.g. one month or one year) unless You choose to change Your initial term or request to terminate the Service and close Your account email before the renewal date.

Subscription Fee is defined on the Platform and quoted in US dollars, excluding taxes and is plus VAT at the rate in force on the date of invoicing.

Subscription Fee depends on the number of Modules for which You subscribe to the Service.
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Subscription Fee is payable in advance and includes
(i) the right to benefit from the Service,
(ii) the right to access and use the Modules and
(ii) the corrective maintenance of the Modules.

You will pay and authorize ICONOSQUARE to charge for Subscription Fee in accordance with Your selected payment method.

If You choose to pay by check, Your account will be activated as soon as We will have received Your check.

Subscription Fee are non-refundable except as required by law.

You are responsible for providing accurate billing and contact information to ICONOSQUARE.

ICONOSQUARE may suspend or terminate the Services if Subscription Fee is due.

During the Online Registration Process, Company may choose to benefit from Free Trial.

Then, Authorized User shall only be able to use the features of the Modules made available in this Free Trial mode.

ICONOSQUARE may contact Authorized User during the Free Trial in order to assist him in using the Modules.

At the end of the Free Trial, Authorized User will have to pay the Subscription Fee to continue to use the Service.

ICONOSQUARE undertakes to save for 3 months all the data registered by Authorized User during the Free Trial.

Therefore, Authorized User will be able to use again his data if he, finally, decided to pay the Subscription Fee within a period of 3 months following the end of the Free Trial.

Your access to the Service is subject to a prior Online Registration Process and the use of strictly personal and confidential “email” and “password” only provided by ICONOSQUARE for the purpose of accessing and using the Modules.

Once the above information has been provided by You and after having consented to these Terms of Service and paid the Subscription Fee, ICONOSQUARE will send you an email to confirm Your subscription.

In using the Service, You may provide ICONOSQUARE with personal data as Your personal data are required in order to access and use the Service.

By providing such personal data and agreeing to these Terms of Service, You agree to the use of Your personal data for the purpose of providing the Service.

ICONOSQUARE will conserve all such personal data for the entire period for which Your Account is active.

You accept that ICONOSQUARE may interact from time to time with You in order to improve the performance and the use of the Service and Modules.

As soon as Your subscription has been confirmed, an Account is allocated to You, as individual or Authorized User.

You may only register once and may only hold one Account for You, as individual or Authorized User.

It is therefore strictly prohibited to register several Accounts for the same individual or to access the Service with an Account opened by another Member, or to use the username of another Member in a fraudulent manner.

Notwithstanding the above provisions, several Accounts may be associated with a company provided that there shall be as many accounts as Authorized Users.

You are solely responsible for maintaining the confidentiality of Your email and password.

The opening of several Accounts by the same Member or the fraudulent use of another Member’s Account or username may result in the deletion of the Member's account, and, where applicable, prohibition from accessing the Service from this Account or through a new registration creating a new Account.

The Modules are made available under a right of use.

For this purpose, ICONOSQUARE grants to You a personal, non-exclusive and non-transferable the right to use the Modules.

This right is granted only for the purpose and the duration of the Service.

This right do not transfer any intellectual property rights to You, ICONOSQUARE remaining the full owner of the Modules.

Using the Modules requires prior identification of each Member.

You are solely responsible for using the Modules.

ICONOSQUARE provides a Contest Module allowing Authorized User to create and organized a photo or video Contest and any participant to any Contest to upload Content.

Authorized User acknowledges that ICONOSQUARE is not involved in any manner in the creation and organization of any Contest and cannot therefore be held liable in this respect in any way whatsoever.

As a consequence, Authorized User shall
(i) comply with all legal and regulatory rules applicable to the organization of a Contest and in particular with provisions of article L. 121-36 and following of the French Consumer Code,
(ii) provide and upload in the Contest Module the specific terms and conditions which apply to each Contest,
(iii) use the moderation feature include in the Contest Module to moderate the Content posted by participants to each Contest.

You acknowledge that, in its capacity of content host, ICONOSQUARE shall use all possible means to enable the deletion of any illicit Contents which it may be informed of, as soon as reasonably possible, in compliance with the provisions of article 6 of the Law for Confidence in the Digital Economy dated 21 June 2004.

ICONOSQUARE exercises no control over the Content beyond the special circumstances provided for by the aforementioned law.

Given the complexity of the Internet, the unequal capacities of different networks, the influx of traffic at certain times of the various bottlenecks on which ICONOSQUARE has no control, the responsibility of ICONOSQUARE is limited to the operation of the Platform whom the outer limits are formed by the Connection Points.

ICONOSQUARE cannot be held in any way responsible for:
- Access speeds from the Websites and / or information systems of the Member,
- External slowdowns,     
- Bad transmissions due to a failure or malfunction of these networks.           
- Given the nature and complexity of the technologies that are implemented, You recognize that the Modules and the Service may not be free of Anomalies, failures, interruptions and downtime.

In case of incidents resulting from elements under the responsibility of one Party, the other undertakes to inform the latter ad to agree to make its best efforts to remedy.

ICONOSQUARE is not responsible for:                 
- The Content and the Data processed in connection with the Service,                 
- The occurrence of an event of force majeure,                 
- Any improper use of the Modules and Service by Members,                 
- Any failure of a Member to its contractual obligations,                 
- Any cause beyond the reasonable control of ICONOSQUARE.

ICONOSQUARE warrants the compliance of Modules and Service compared to functional characteristics described on the Platform.

ICONOSQUARE provides no other warranty, Service and Modules being provided “as if”.

ICONOSQUARE is not responsible for the quality and relevance of Content and Data that can be hosted on Servers within the framework of the Service and that ICONOSQUARE does not backup.

Consequently, ICONOSQUARE is not responsible for errors that may arise from Data and / or any Content.

ICONOSQUARE may momentarily suspend access to the Account or to all or part of the Service or Modules without notice, without liability, in case of:           
- Maintenance of the Platform et in particular the Modules,                 
- An intrusion within the Platform affecting the operation of the Service, the Modules, the Servers and/or the Platform,                 
- A misuse of Modules and/or Service by any Member affecting the operation of the Platform or the access to the Modules by other Members,                 
- Any request from judicial or administrative authority regarding Content and/or Data.

The unavailability of the Service and/or Modules will not give rise to any compensation.

ICONOSQUARE may take any organization or technical decisions in order to improve the Service and the Modules at any time without prior notice.

ICONOSQUARE is and remains the owner of:     
- the Modules and the Service including intellectual property rights and industrial design all the elements of the Modules and the Service,     
- trademarks, patents, names, acronyms, logos, colours, graphics, or other signs that could be used or implemented by ICONOSQUARE in connection with the Service and/or the Modules.     

You shall not use the Modules and the Service on behalf of third parties, including within its group, without the permission of ICONOSQUARE.

You agree not to file any patent for or on behalf of a third party in connection with the know-how of ICONOSQUARE, the Modules and the Service.

Computerized data stored in ICONOSQUARE's information systems will be considered as proof of the communications and various transmissions of information between ICONOSQUARE and You.

In the event of a conflict between Your computer data and that of ICONOSQUARE, it is expressly agreed that the computerized data of ICONOSQUARE will prevail over Yours and will only be admissible as evidence.

You're free to stop using the Service at any time without any compensation.

ICONOSQUARE reserves the right to suspend or end the Service at any time at its discretion and without notice.

For example, we may suspend or terminate Your use of the Service if you're not complying with these Terms of Service, or use the Service in a manner that would cause legal liability, disrupt the Service or disrupt other Members use of the Service.

Except for paid Accounts, we reserve the right to terminate and delete your Account if you haven't accessed the Services for twelve (12) consecutive months.

ICONOSQUARE will provide You with notice via the email address associated with Your Account before to do so.

In the event of termination for any reason whatsoever ICONOSQUARE will interrupt immediately access to Your Account, the Service and the Modules.

You acknowledge that
(i) the use of the Service and the Modules depends on the Application Programming Interface (API) set up with Instagram, which may be changed unilaterally by Instagram from time to time
(ii) ICONOSQUARE has no control on such changes that could have unexpected impacts on the Service and the Modules features and their conditions of use.

As consequence,
(i) ICONOSQUARE may not be responsible if such changes involved any restriction in the use of all or part of Service or Modules
(ii) You shall not claim for any compensation in this respect and
(iii) You have the right to terminate Service without being able to claim any reimbursement of Subscription Fee already paid.

You acknowledge that You shall use the Modules and/or the related results and analysis at Your own risk.

ICONOSQUARE cannot be held responsible for the consequences of the analysis and actions taken by You on the basis of Service or the use of the Modules.

You acknowledge that due to information brought to Your attention within these Terms of Service, ICONOSQUARE has fulfilled its obligations including advice and information regarding the characteristics and limitations of the Service and/or the Modules to which You subscribed.

ICONOSQUARE cannot be held responsible in any way for Data and/or Content used or processed by You in the framework of the Service.

ICONOSQUARE shall only be liable for direct damages incurred by You or Your Company, resulting from a breach by ICONOSQUARE of its contractual obligations such as defined in these Terms of Service.

In any event, the damages suffered by You or Your Company due to an exclusive ICONOSQUARE’s failure is expressly limited for all causes and for any reason whatsoever, to the amount of the last Subscription Fee paid.

You acknowledge that the use of the Service and the Modules may involve treatment of personal data by You.

In this regard, it is expressly stipulated that You shall remain the controller and retain full control over the personal data You collect and process through the Modules and the Service, ICONOSQUARE acting only as a subcontractor within the meaning of the French personal data protection law.

ICONOSQUARE may assign to any legal person of his choice, or all of the rights and obligations defined in these Terms of Service without prior notice.

Neither Party may give any undertaking in the name and/or on behalf of the other.

Furthermore, each Party shall have sole responsibility for its acts, allegations, commitments, service and employees.

In the event of any difficulty in the interpretation of a clause heading in relation to the wording of the clause itself, the heading shall be deleted.

If any of the provisions of these Terms of Service are held to be invalid or declared invalid pursuant to any law or regulation or subsequent to a final decision of a competent court, the other provisions shall retain their force and scope.

This Agreement shall be governed by French law.

IN THE EVENT OF ANY DISPUTE, AN ATTEMPT SHALL BE MADE TO REACH AN AMICABLE SOLUTION. SHOULD THIS FAIL, THE MATTER SHALL BE REFERRED TO COMPETENT PARIS COURT, EVEN IF THERE IS MORE THAN ONE DEFENDANT, THE ISSUE OF A THIRD PARTY NOTICE, AN URGENT APPLICATION, AN APPLICATION FOR PROTECTIVE MEASURES, OR SUMMARY OR EX PARTE PROCEEDINGS.