GENERAL TERMS AND CONDITIONS OF SUBSCRIPTION TO ICONOSQUARE SERVICES
APPLICABLE AS FROM 30/09/2022
Under these general terms and conditions of subscription, the expressions used below have the following meaning, whether they are used in the singular or plural:
- “Application”: refers to the application offered by ICONOSQUARE which Customers may subscribe to and use the Services of. The Application is available on Apple Store and Google Play. The Application comprises the infrastructure as well as the content, including text, sound, still and animated images, videos and databases;
- “Customer”: refers to any legal entity that has set up a business Account and subscribes to the Services;
- “Account”: refers to the Customer’s account set up in accordance with the conditions in Article 5 of the General Terms and Conditions, accessible from the Website and/or the Application and allowing the Customer to subscribe to the Services;
- “General Terms and Conditions of subscription”: refers to these general terms and conditions of subscription defining the conditions and the methods of subscription to the Services by Customers;
- “ICONOSQUARE”: refers to TRIPNITY, a simplified joint-stock company with share capital of 156,541.00 euros, listed on the LIMOGES Company Registry under the number 480 850 346, with head offices at 12 rue Armand Barbès - 87000 Limoges, which publishes the Website and the Application and offers the Services;
- “Usernames”: refers to the login and confidential code or password allowing a Customer to access their Account;
- “Services”: refers to the services offered by ICONOSQUARE via the Website and/or the Application.
- “Website”: refers to the website and the platform of ICONOSQUARE.
These General Terms and Conditions of subscription are intended to define the terms and conditions under which Customers subscribe to the Services accessible via the Website and/or the Application.
The General Terms and Conditions are systematically communicated to Customers to allow them to subscribe. They apply exclusively to all subscription requests accepted by ICONOSQUARE and take precedence over all other terms and conditions, except those that have been expressly accepted by ICONOSQUARE. Accordingly, any other terms and conditions shall only be binding on ICONOSQUARE further to its confirmation in writing.
IMPORTANT: NOTE TO CUSTOMERS
The subscription offers are the ones available on the Website and/or Application. They are valid so long as they are available on the Website and/or Application.
Information on the subscription offers, of any nature whatsoever, provided by ICONOSQUARE, is the information appearing in its catalogues, sales documents and/or visible on the Website and/or Application on the subscription date.
ICONOSQUARE reserves the right to amend the subscription offers proposed, without prejudice to orders placed by Customers.
As the Services may be required to evolve, ICONOSQUARE reserves the right to amend the specifications, characteristics and content of the subscription offers, for any reason whatsoever, or to withdraw one of the Services from its subscription offers.
Such changes and/or withdrawals may take place at any time without notice, including after the Customer has taken out a subscription if the changes result from the application of any standards, laws or regulations and/or in the case of an issue, particularly technical, in relation to the Services. Where applicable, the Customer will be informed by ICONOSQUARE and the subscription may be cancelled by the Customer.
Finally, ICONOSQUARE reserves the right to make improvements and to correct any errors or omissions in relation to the content of the subscription offers.
In order to be able to subscribe to the Services, Customers must:
- Have access to the Website or to the Application;
- Ensure that they have full legal capacity to subscribe, in particular that they are of legal age and have the necessary authority to engage the company they represent and for which they are taking out a subscription;
- Not be competitors of ICONOSQUARE and/or not subscribe for the purpose of competing with ICONOSQUARE, fraudulently and/or in a way that prejudices the interests of ICONOSQUARE;
- Be the authorised holder of any credit/debit card used to pay for the subscription and ensure that the card gives access to sufficient funds to cover the subscription amount;
- Have created an Account in accordance with the terms of Article 5 of the General Terms and Conditions.
ICONOSQUARE shall not be held liable in case of subscription to the Services by persons who do not satisfy the requirements stipulated in Article 4.1 of the General Terms and Conditions of subscription.
Prior to subscription, the Customer must create an Account on the Website and/or using the Application.
To do so, they must:
- Click on the link “https://pro.iconosquare.com/create/account”;
- Fill in the online registration form by entering the following information:
- First name*
- Time zone*
- Type of company*
- Company name*
- Number of corporate accounts managed*
Mandatory fields which must be filled out are marked with an asterisk (*).
- Then click on the “Sign in” tab.
The Customer undertakes to provide true, accurate, up-to-date and complete information regarding their identity and the identity of the company they represent, in accordance with Article 6-II of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy. They undertake, in particular, not to create a false identity likely to mislead ICONOSQUARE or third parties and not to impersonate another individual or legal entity. The Customer undertakes to immediately update the information provided should that information change.
The Customer will then receive an email confirming the creation of their Account as well as explanations of the Services.
In the event that the Customer provides false, inaccurate, erroneous, outdated, incomplete, misleading or deceptive information, ICONOSQUARE may immediately, without notice or compensation, suspend or cancel their Account and deny access, temporarily or permanently, to the Website and/or Application and/or Services. In addition, ICONOSQUARE may not, under any circumstances, be held liable in the case of non-performance and/or partial performance of the subscription in relation to the supply of information of this nature.
The Account may be accessed by the Customer using their Usernames, which are their exclusive responsibility. They undertake to keep them secret and not to disclose them in any form whatsoever. If any of the components of the Username are lost or stolen, the Customer must immediately inform ICONOSQUARE, who will then cancel and/or update the Username concerned.
The Customer shall be fully responsible for keeping their password confidential. As such, the Customer is required to ensure, at the end of each session, that they have disconnected from the Website and/or Application, in particular when accessing the Website from a public computer.
In the event of a lost password, the Customer may request a new one by clicking the "forgotten password” link in their Account.
The registered Customer may decide to disable their Account at any time in accordance with the terms stipulated in Article 12 of the General Terms and Conditions.
Subscription to the Services allows each Customer with an Account to use the Services according to the subscription package selected.
The subscription is assigned per Account, it being understood that several Accounts may be created per Customer and that each Account permits the use of the Services for as many Instagram accounts and/or Facebook pages to be analysed as the Customer wishes.
Prior to any subscription, ICONOSQUARE offers a trial period per Account to its Customers so that they can use the Services.
This offer is free of charge and non-binding. It is valid for a period of fourteen (14) days as from the creation of the Account by the Customer, it being understood that the same Account can only benefit from one trial period regardless of the number of subscription packages which the Customer has taken out.
At the end of the fourteen (14) day trial period, the Customer will still be able to access their Account but will no longer have access to the Services. Should the Customer wish to benefit from the Services, they must select a subscription package and subscribe in accordance with the conditions of Articles 6.3 and 6.4 of the General Terms and Conditions. In this case, the price of the package selected will apply.
Prior to subscription and following the creation of an Account, the Customer must choose between the different subscription packages offered by ICONOSQUARE.
ICONOSQUARE offers three (3) subscription packages, namely:
- The PRO package aimed at SMEs and marketing professionals;
- The ADVANCED package aimed at temporary employment agencies and large enterprises;
- The ENTERPRISE bespoke package aimed at agencies and multinational enterprises.
The details of those subscription packages can be found on the "Plans & Pricing" page of the Website, at the following address: https://www.iconosquare.com/plans-and-pricing.
All these subscriptions may be taken out on a monthly and/or annual basis.
In addition to the packages, ICONOSQUARE offers Customers the ability to subscribe to chargeable options available for each subscription package and in particular:
- An "additional social profile" option for adding individual social profiles to the Customer's Account in excess of the limit permitted by the subscription package taken out by the Customer;
- An “additional team member” option for adding individual Users to the Customer's Account in excess of the limit permitted by the subscription package taken out by the Customer;
- An "additional hashtag" option, only available for Instagram, for adding individual hashtags to the Customer's Account in excess of the limit permitted by the subscription package taken out by the Customer;
- An "additional competitor" option for adding individual competitors to the Customer's Account in excess of the limit permitted by the subscription package taken out by the Customer.
- An "additional feed" option for adding individual feeds to the Customer's Account in excess of the limit permitted by the subscription package taken out by the Customer.
The Customer is informed that these options are not available during the trial period. The option/options selected may be subscribed to by the Customer at any time and are added to the subscription package selected by the Customer for the same term as the subscription package, i.e. monthly or annually.
The Customer is informed that the subscription period to the subscribed option will be proportional to the term of the subscription package taken out.
Taking out a subscription allows the Customer to access the Services until they decide to cancel it in accordance with the terms set out in Article 11 of the General Terms and Conditions.
To subscribe, Customers must select the desired subscription package. The details of the subscription package are then displayed.
ICONOSQUARE reserves the right to refuse subscription or subscription to options by any Customer (i) in case of the unavailability of the Services, (ii) in case of a dispute between the Customer and ICONOSQUARE regarding a previous subscription and/or the payment of invoices from ICONOSQUARE, (iii) if the Customer is a competitor of ICONOSQUARE and/or if they are subscribing for the purpose of developing an activity which will be in competition with the activity of ICONOSQUARE.
Customers are informed that access to the Services is chargeable.
The prices applicable to the subscriptions to the Services and/or options are the prices in effect at the time of subscription by the Customer and depend on the package and options selected.
ICONOSQUARE reserves the right to change the prices displayed (as well as the currencies of prices displayed) on the Website and/or Application at any time. Where applicable, the Services will be billed to the Customer at the price in effect on the date on which the subscription or option was taken out.
The subscription to the package and to the options is payable:
- By credit or debit card (Mastercard, Visa, Maestro, American Express, Discover, Diners Club, JCB, UnionPay, and Mada). The Customer’s card number and expiry date are entered on an encrypted server which ensures the security and confidentiality of the data.
- Using the Paypal services available on the Website and/or the Application. Where appropriate, this method of payment cannot be combined with another payment method;
- By bank transfer only in the case of an annual subscription for an amount exceeding three hundred euros (€300), using the information provided on the Website and/or the Application when the Customer selects the method of payment.
ICONOSQUARE cannot be held liable in case of fraudulent use of the payment methods used.
The Customer is billed:
- Every month on the anniversary date of the subscription in the case of a monthly subscription;
- Once per annum on the anniversary date of the subscription in the case of an annual subscription.
Invoices are drawn up in the name of the Customer and the first invoice is sent by email to the Customer at the email address entered when creating their Account. Subsequent invoices are available for download from the Website.
For payments by debit card or credit card, the Customer will be charged the pre-defined sum automatically every month, until they cancel the subscription and/or options in accordance with the conditions stipulated in Article 11 of the General Terms and Conditions.
For PayPal payments, the Customer should use PayPal’s "Subscriptions and Recurring Payments" function to state the billing cycle (i.e. monthly or annually) and the price charged. The payment is taken monthly or once per annum at the time specified by the Customer.
For payments by bank transfer, the Customer must issue a transfer order from their bank to ICONOSQUARE using the information provided on the Website and/or the Application when selecting the payment method of. The transfer must be accompanied by the order references of the subscription offer. Any transfer costs will be payable by the Customer.
If the bank rejects a card transaction or a different payment method is refused, the subscription and/or options will not be final and the Customer shall be responsible for contacting the customer services department of ICONOSQUARE to pay for the subscription and/or options using another payment method.
In addition, if necessary, ICONOSQUARE reserves the right to suspend or cancel the subscription and/or the options without being held liable. Where applicable, payments to be made up to the anniversary date of the subscription and/or of the options will be payable immediately.
The subscription shall become effective as from confirmation by the Customer’s bank that payment of the subscription, and of the options, where applicable, has been taken into consideration and made and after the end of the trial period if a trial period has been subscribed to.
It is entered into for a specific term depending on the subscription package selected, and will be tacitly renewed for successive equivalent periods, unless terminated by the Customer under the conditions set out in Article 11.2 of the General Conditions.
The Customer is able to issue a termination request for its option/options at any time using the Website and/or via email to the following address: email@example.com.
Termination requests made by emails may be issued at any time prior to the anniversary date of the subscription, except for termination requests relating to the ENTERPRISE bespoke packages, which must be issued subject to a minimum notice period of fifteen (15) days before the anniversary date of the subscription.
The termination will become effective as from receipt of the termination request by ICONOSQUARE, except for the termination of the ENTERPRISE bespoke packages which will become effective on the anniversary date of the subscription.
The option/options will terminate on the subscription anniversary date of the option concerned. However, the Customer acknowledges and accepts that no refund will be given for the termination of option/options.
ICONOSQUARE reserves the right to automatically cancel and/or suspend the subscription to the Services, without notice, in the event of:
- Use of the Services by the Customer which is not in accordance with their general terms and conditions of use;
without ICONOSQUARE being held liable and/or without the Customer being able to claim any compensation.
Where applicable, the cancellation and/or suspension will be notified to the Customer by registered letter with acknowledgment of receipt and any payments to be made up to the anniversary date of the subscription will be payable immediately.
As ICONOSQUARE and the Customer act within the framework of the General Terms and Conditions of subcription as professionals, the Customer acknowledges and accepts that they have no right of withdrawal.
However, ICONOSQUARE reserves the right to exceptionally grant refunds to its Customers, if the Customer asks ICONOSQUARE’s customer services department in writing to cancel its subscription at the following address: firstname.lastname@example.org and if it is issued to and received by ICONOSQUARE:
- within seven (7) days of the subscription date for a monthly subscription;
- within thirty (30) days of the subscription date for an annual subscription.
Cancellation requests when renewing the subscription are also accepted if they are issued to and received by ICONOSQUARE under the same conditions as those set out above, namely:
- within seven (7) days of the anniversary date of the subscription renewal for a monthly subscription;
- within thirty (30) days of the anniversary date of the subscription renewal for an annual subscription;
Cancellation requests that satisfy the aforementioned conditions will result in a full refund of the Customer's subscription.
If the aforementioned conditions are not satisfied, the cancellation requests will be taken into account by ICONOSQUARE but no refund will be given to the Customer.
Customers benefiting from a subscription are able to change their subscription to the Services at any time for either a higher-level subscription (upgrade) or a lower-level subscription (downgrade).
Customers wishing to take out a higher-level subscription benefit from a reduction in proportion to their current subscription package.
The change to the subscription package will become effective as from the confirmation by the Customer's bank that the payment has been taken into account and made. The anniversary date of the subscription will then be the date on which the upgraded subscription was taken out.
Where the Customer wishes to take out a lower-level subscription, they may only do so at the end of the current period of the higher-level subscription.
Where appropriate, Customers are informed that they shall not benefit from any reduction in case of downgrade.
Changes to the subscription package will become effective as from the anniversary date of the original subscription.
The Customer’s Account will remain active so long as they:
- are registered on the Website and/or the Application;
- pay for a subscription to the Services.
As soon as the Customer stops paying for the subscription, access to the Services is disabled. The Customer may still access their Account but will not have access to the Services unless they take out and pay for another subscription to the Services.
The Customer may delete their Account on the Website and/or the Application, without reason, at any time.
To do so, the Customer must send an email to the following address: email@example.com asking for the Account to be deleted. A copy of proof of identity may be requested to avoid any risk of identity theft.
Access to the Account will end on the anniversary date of the subscription.
Unsubscription and/or the closure of an Account is final as the Account is irreversibly deleted. Any personal information relating thereto is automatically deleted and cannot be recovered.
Unsubscription and/or the closure of an Account does not prevent Customers from re-registering or from creating another Account.
In case of non-compliance with the obligations resulting from the acceptance of the General Terms and Conditions, payment defaults on the price of an order, the provision of incorrect information when creating the account or action likely to prejudice the interests of ICONOSQUARE, ICONOSQUARE reserves the right to suspend access to the Website and/or the Application and/or the Services without notice or, depending on the severity of the action, to close the Customer's Account without the possibility of any damages being claimed.
ICONOSQUARE reserves the right to amend and/or modify the General Terms and Conditions of subscription at any time, in particular to take into account any legal, case-law, editorial, functional and/or technical developments of the Website and/or of the Application.
The version of the General Terms and Conditions of subscription that shall take precedence is the one accessible online at the date of confirmation of the subscription. Any subscription by the Customer after publication of the amended General Terms and Conditions implies acceptance of the new General Terms and Conditions.
In accordance with the amended Act no. 78-17 of 6 January 1978 on data processing, files and freedoms known as the "Data Protection Act," and the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Customer is informed that ICONOSQUARE carries out automated processing of its personal data to process and manage the business relationship and to sell the subscription to the Services.
That data may be transferred to subsidiaries and/or companies controlled by ICONOSQUARE as well as to its subcontractors who assist with those relationships for management, performance, processing and payment purposes.
Every Customer has access, modification, correction, limitation, portability and removal rights in relation to their data, as well as an objection right. To exercise those rights, please send an email to the following address: firstname.lastname@example.org.
With regard to correcting and updating data in relation to their Account, Customers may make the necessary changes and deletions to their own Account directly.
Some elements (including editorials, illustrations, studies and videos) appearing on the Website and/or the Application are protected by the law on intellectual property, particularly copyright, and are the exclusive property of ICONOSQUARE.
Similarly, the trademarks, logos, graphics and animations on the Website and/or the Application are the exclusive intellectual property of ICONOSQUARE.
It is agreed that the General Terms and Conditions shall not result in any assignment of the intellectual property rights of ICONOSQUARE.
ICONOSQUARE grants, personally, to Customers, a non-exclusive, non-transferable right, free of charge, to use the Website, the Application and any associated software. Customers are prohibited – directly or indirectly – from copying, modifying, creating a derivative work, reverse engineering, disassembling or attempting to obtain the source code in any other way (except for cases provided for by law), selling, assigning, sub-licensing or transferring in any way whatsoever any right relating to the Website, the Application or the associated software.
Customers undertake not to modify the Website, the Application or the associated software in any way and/or not to use modified versions of them including (but not limited to) to obtain unauthorised access to the Website and/or to the Application.
Customers are informed and acknowledge that the Website, the Application and any software used in connection thereto may contain confidential information or information protected by the intellectual property law in force or by any other law. Customers undertake not to modify, lease, borrow, sell or distribute that content or create derivative works incorporating all or part of that content, unless expressly authorised by ICONOSQUARE in advance.
The Website and/or the Application contain text and images, which are the exclusive property of ICONOSQUARE (hereafter the “Intellectual Property Elements”). The Intellectual Property Elements are made available to the Customer, free of charge, solely for the use of the Website and of the Application and as part of normal use of their functionality.
This permission to use the Intellectual Property Elements is personal, non-exclusive and non-transferable. ICONOSQUARE may revoke this permission to use the Intellectual Property Elements at any time.
Customers are prohibited – directly or indirectly – from copying, modifying, creating a derivative work, reverse engineering, disassembling or attempting to obtain the source code in any other way (except in the cases provided for by law), selling, assigning, sub-licensing or transferring in any way whatsoever any rights relating to the Intellectual Property Elements. The Customer undertakes not to modify the Intellectual Property Elements in any way.
In case of improper or abusive use of the Intellectual Property Elements, ICONOSQUARE reserves the right to use all legal remedies to stop the infringement of its intellectual property rights and to cancel the subscription of the Customer and to unsubscribe and/or disable the Accounts of Customers in accordance with the conditions of Articles 11 and 12 of the General Terms and Conditions.
The Customer expressly authorises ICONOSQUARE and its affiliates to use its name, logo, trademark/trademarks and/or any other distinctive sign as a business reference, on any communication medium of its choice, including on its Website, for the subscription period of the Customer and for two (2) years following the disabling of the Customer's Account.
The files, data and messages saved in the information systems of ICONOSQUARE will be admitted as proof of the actions and events between ICONOSQUARE and Customers.
Unless proven otherwise, records will be presumed to have been maintained in accordance with reasonable security conditions if the messages, data and other documents are systematically saved on a reliable, durable medium.
The General Terms and Conditions and the subscription contracts to the Services entered into via the Website and/or the Application are subject to French law.
For any issues and/or question in relation to the subscription, Customers are requested to contact customer services in order to try to find an amicable solution by email at the following address email@example.com.
ANY DISPUTES RELATING TO THE APPLICATION, INTERPRETATION OR PERFORMANCE OF THE GENERAL TERMS AND CONDITIONS AS WELL AS TO THE SUBSCRIPTION CONTRACTS TO THE SERVICES OR CONTRACTS SUBSEQUENT TO OR THE CONSEQUENCE THEREOF SHALL BE SUBJECT TO THE JURISDICTION OF THE COURTS OF PARIS, EVEN IN THE CASE OF THE INTRODUCTION OF THIRD PARTIES OR MULTIPLE DEFENDANTS.
Version dated 30/09/2022