GENERAL TERMS AND CONDITIONS OF USE OF THE SERVICES OFFERED BY ICONOSQUARE
APPLICABLE AS FROM 30/09/2022
The services offered by ICONOSQUARE allow users to boost their presence on social networks, especially on Instagram, TikTok, LinkedIn, Facebook, and Twitter using statistics and various features.
ICONOSQUARE recommends that users keep a printed version of the general terms and conditions of use applicable at the time of using the services for their own records.
In these general terms and conditions of use, the terms used below shall have the following meanings, whether used in the singular or the plural:
- “Application”: refers to the application offered by ICONOSQUARE, from which Users may subscribe to and use the Services. The Application is available on Apple Store and Google Play. The Application includes the infrastructure as well as the content, including text, sound, still or moving images, videos and databases;
- “General Terms and Conditions of Subscription”: refers to the general terms and conditions of subscription defining the terms and the methods of subscription to the Services by Users;
- “General Terms and Conditions of Use”: refers to these general terms and conditions of use of the Services by Users;
- “Account”: refers to the User’s account set up in accordance with the conditions stipulated in Article 6 of the General Terms and Conditions of Use, accessible from the Website and/or the Application and allowing Users to subscribe to and use the Services;
- “ICONOSQUARE”: refers to the company TRIPNITY, a French simplified joint-stock company with share capital of 156,541.00 euros, registered in the LIMOGES Company Register under number 480 850 346, the registered office of which is at 12 rue Armand Barbès - 87000 Limoges, France, which publishes the Website and the Application and offers the Services;
- “Usernames”: refers to the login and pass code or password enabling Users 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.
- “User”: refers to any legal entity which has set up a business Account and which accesses and uses the Services.
The General Terms and Conditions of Use are intended to define the terms and conditions under which Users access and use the Services.
The General Terms and Conditions of Use are systematically provided to Users to allow them to access and use the Services. They exclusively apply to all use of the Services and take precedence over all other terms and conditions, except those that have been expressly accepted by ICONOSQUARE. Consequently, all other terms and conditions shall only be binding on ICONOSQUARE further to its confirmation in writing.
IMPORTANT: NOTE TO USERS
ICONOSQUARE reserves the right to amend the General Terms and Conditions of Use at any time, in particular to take into account any legal, jurisprudential, editorial, functional and/or technical development of the Website, the Application and/or the Services.
The version that takes precedence is the one that is accessible online at the date of use of the Website, the Application and/or the Services.
Any use of the Website, the Application and/or the Services by Users subsequent to the publication of the amended General Terms and Conditions of Use implies their acceptance of the new General Terms and Conditions of Use.
The General Terms and Conditions of Use are regularly updated. Users will be informed of changes regarding the General Terms and Conditions of Use.
In the event that Users disagree with the amended General Terms and Conditions of Use, they must stop accessing the Website and/or the Application and stop using the Services. The consequences specified in Article 14.2 of the General Terms and Conditions of Use will then apply. Use of the Website, the Application and/or the Services by Users subsequent to the publication of the new General Terms and Conditions of Use shall imply their unreserved and express acceptance by Users.
The Services only allow Users to obtain analytics and marketing solutions for the management of their Instagram, TikTok, Twitter, LinkedIn accounts and Facebook pages, access, view and share the data collected from those features and search for marketing professionals and influencers.
Use of the Services requires that Users:
- Have access to the Website or to the Application;
- Create an Account in accordance with the terms set out in Article 6 of the General Terms and Conditions of Use.
Users warrant that they have full legal capacity to use the Services, and in particular that they:
- Are of legal age;
- Have legal capacity and have full intellectual and cognitive capacity (in particular, that they are not in a dependent condition and/or under guardianship and/or under supervision, etc.);
- Have the necessary authority to engage the company they represent;
- Are not a competitor of ICONOSQUARE and/or are not using the Services to compete with ICONOSQUARE, fraudulently and/or in any way that damages the interests of ICONOSQUARE.
ICONOSQUARE cannot be held responsible for the use of the Services by persons who do not meet the conditions set out in Articles 5.1 and 5.2 of the General Terms and Conditions of Use.
To benefit from the Services, Users must subscribe as described in the General Terms and Conditions of Subscription and create an Account. Several Accounts per User may be created.
To create an Account and to be able to use the Services, Users must click on the link “https://app.iconosquare.com/create/account”.
Users are then asked to enter an email address and set up a unique, personal password allowing them access to the Services and/or their Account. ICONOSQUARE encourages Users to use “strong” passwords, combining numbers, letters and symbols as well as upper and lower case letters.
Users are solely responsible for safeguarding their Usernames. As such, Users undertake to keep them confidential and not to disclose them in any form whatsoever. If any of the elements of the Username is lost or stolen, Users must inform ICONOSQUARE immediately, which will then cancel and/or update the Username concerned.
Users are fully responsible for safeguarding the confidentiality of their password. In this regard, Users must ensure, at the end of each session, that they have effectively logged out of the Website and/or the Application, particularly when accessing the Website from a public computer.
In case of loss of their password, Users are able to request a new password through their Account by clicking the "forgotten password” link.
When creating an Account (whether on their own behalf or on behalf of a third party), Users undertake to provide true, accurate, up-to-date and complete information, particularly in relation to their identity, in accordance with Article 6-II of Act No. 2004-575 of 21 June 2004 on confidence in the digital economy. Accordingly, they undertake not to create any false identity likely to mislead ICONOSQUARE or third parties and not to impersonate any other legal entity or individual.
ICONOSQUARE does not have control over the accuracy or reliability of information provided by Users and therefore cannot be held responsible for any consequences resulting from the provision of incomplete or incorrect information.
Users who discover that another person has used their identity to use the Services must inform ICONOSQUARE immediately at the following address: email@example.com.
Users undertake to immediately update the information provided should that information change.
In the event that a User provides false, inaccurate, erroneous, outdated, incomplete, misleading or deceptive information, ICONOSQUARE may immediately, without notice or compensation, suspend or terminate that User’s Account and temporarily or permanently deny him access to the Website and/or to the Application and/or to the Services. Moreover, ICONOSQUARE may not, under any circumstances, be held liable in case of non-performance and/or partial performance of the subscription in relation to the provision of information of that nature.
Registered Users may decide to disable their Account whenever they deem it to be appropriate, in accordance with the terms stipulated in Article 15 of the General Terms and Conditions.
Users acknowledge and agree that the results provided by ICONOSQUARE through the features depend on information provided by Instagram and/or Facebook and/or TikTok and/or Twitter and/or LinkedIn.
It is therefore expressly understood that as ICONOSQUARE does not have any control over the accuracy or reliability of information provided by Instagram and/or Facebook and/or TikTok and/or Twitter and/or LinkedIn, it does not provide any guarantee as to the accuracy of the results and/or statistics obtained by Users when using the Services.
Consequently, ICONOSQUARE may not, under any circumstances, be held liable in case of incorrect, incomplete and/or inaccurate results and/or statistics obtained from incorrect, incomplete and/or inaccurate information from Instagram and/or Facebook and/or TikTok and/or Twitter and/or LinkedIn.
In addition, ICONOSQUARE may not, under any circumstances, be held liable in case of the unavailability of results and/or statistics due to the unavailability and/or inaccessibility of data collected on Instagram and/or Facebook and/or TikTok and/or Twitter and/or LinkedIn, and/or the inability to use any of the features due to the unavailability and/or inaccessibility of data provided by Instagram and/or Facebook and/or TikTok and/or Twitter and/or LinkedIn.
Finally, it is expressly understood that ICONOSQUARE may not substitute Users with regard to the management of their Instagram, TikTok, Twitter or LinkedIn accounts and (media) content and their Facebook pages and (media) content.
The Services are accessible via the Website and/or the Application twenty-four (24) hours a day, seven (7) days a week.
They are accessible throughout the User’s subscription period until it decides to terminate its subscription in accordance with the terms stipulated in Article 14 of the General Terms and Conditions of Subscription and/or deactivates its Account in accordance with the terms set out in Article 15 of the General Terms and Conditions of Use.
However, due to the nature of the internet, ICONOSQUARE does not guarantee the operation of or access to the Services twenty-four (24) hours a day, seven (7) days a week.
ICONOSQUARE reserves the right to interrupt the operation of all or part of the Services at any time, with or without notice, in particular to carry out corrective or ongoing maintenance or to develop the content or presentation. Wherever possible, ICONOSQUARE will inform Users prior to a corrective or ongoing maintenance operation.
In addition, Users recognise that the Services may be interrupted for reasons beyond the control of ICONOSQUARE and that ICONOSQUARE cannot guarantee continued access to the Services.
In all cases, ICONOSQUARE may not, under any circumstances, be held liable for any interruption and/or malfunction of the Services, for whatever reason.
Users are requested to inform ICONOSQUARE of any technical issue they encounter when browsing and/or using the Services by sending an email to the following email address and describing the issue encountered: firstname.lastname@example.org.
In general, Users undertake to comply with the General Terms and Conditions of Use as well as with the applicable laws and regulations. Users are responsible for their use of the Services in general as well as for their consequences.
When using the Services, Users undertake in particular to:
- Provide accurate, complete and true information and systematically update it in case of change;
- Observe the prerequisites for using the Services;
- Comply with the General Terms and Conditions of Use;
- Respect the image and the reputation of ICONOSQUARE;
- Not modify or alter the Services, in whole or in part;
- Not restrict the use of the Services by any means and not falsify any mention or element of the Services;
- Not spread or attempt to spread computer viruses or other harmful elements through the Services;
- Not integrate in an IT system, not alter the content or commit any of the offences under Articles 323-1 and 323-7 of the French Penal Code ("hacking"), not send numerous unsolicited messages via the Services, which is punishable under Article 226-18 of the French Penal Code;
- Not remove the content from the Services or from their database, in particular by using automated programs;
- Not send their personal password to a third party;
- Not use the Services for purposes contrary to the rules in force or infringe the rights of third parties (including intellectual property and privacy);
- Not attempt to and refrain from working around, disabling, or otherwise disrupting any security-related function of the Services, or preventing or restricting the use or copying of the Content or imposing any restrictions on the use of the Services or of content accessible from the Services;
- Not distribute, in whole or in part, the Services, including the content, on any other medium, without the prior written consent of ICONOSQUARE;
- Not harm ICONOSQUARE in general.
ICONOSQUARE reserves the right to delete a User's Account and/or deny it access to the Services without notice and without prejudice to other rights and actions that it may be entitled to claim in the event that a User uses the Services in an inappropriate manner.
Users are solely responsible for their decision to use the Services and for their suitability to their needs as well as for the security of their IT system and the back-up of their data.
Users are solely responsible for their dealings with third parties in relation to the use of the Services.
In addition, they are personally responsible for using the Services as well as for the information provided when creating their Account and using the Services.
Users shall indemnify and hold ICONOSQUARE harmless against any damages incurred by ICONOSQUARE and against action for damages that may be brought against it on the basis of breach of these General Terms and Conditions of Use and/or of any third-party right. In the case of fraud, ICONOSQUARE is authorised to disclose necessary information to the competent organisations responsible for the prevention of said fraud and offences.
In case of breach by Users of one of their obligations under these General Terms and Conditions of Use, in particular of the obligations in Article 10 above, ICONOSQUARE reserves the right to suspend or terminate the Account of the User, without prior notice, in accordance with the conditions of Article 15 of the General Terms and Conditions of Use. Such termination will take place without prejudice to any damages that may be claimed by ICONOSQUARE for damage suffered as a result of such breach by the User.
ICONOSQUARE may not be held liable for any damage suffered by Users in relation to the abnormal use of the Services, particularly in case of breach of the General Terms and Conditions of Use and/or the provision of false or incorrect information by Users.
ICONOSQUARE may not be held liable for any direct or indirect damage, losses or costs resulting from the use of the Services, the inability to use the Services, a malfunction, maintenance interruption, the technical failure of the server, interrupted internet access, a virus, a line or system issue or for any other reason.
ICONOSQUARE may not be held liable for any damage to the IT system of Users, for loss of data, or for any other damage resulting from access to or the use of the Services by Users.
In addition, ICONOSQUARE may not be held liable to Users, to the maximum extent permitted by the applicable law in force in France, for:
- Any indirect damage that may be caused, including any loss of profit (whether direct or indirect), any loss of customers, loss of commercial reputation or loss of data that Users may sustain;
- Any loss or damage that Users may sustain, including as a result of:
- Trust in the completeness and accuracy of the information provided via the different Services;
- Any changes that ICONOSQUARE may make to the Services in general, or any temporary or permanent termination of the Services offered;
- Their relationship with professionals or other third parties whose contact information they have obtained through the Services (e.g. influencers, marketing professionals, etc.);
- The failure by Users to provide ICONOSQUARE with precise information concerning their Account;
- The inaccuracy of the data and/or statistics obtained;
- Access or use or the inability to use or access the Services in general;
- The inability of Users to keep completely secure and confidential a password or the information provided upon their registration.
USERS UNDERSTAND AND AGREE THAT:
- THE SERVICES ARE PROVIDED "AS IS." FURTHERMORE, ICONOSQUARE CANNOT GUARANTEE THE CONSEQUENCES OF THE USE OF THE SERVICES AND/OR THE SERVICES RENDERED BY THIRD PARTIES THE CONTACT DETAILS OF WHICH WERE OBTAINED BY USERS;
- IN PARTICULAR, ICONOSQUARE DOES NOT GUARANTEE:
- THAT THE SERVICES CORRESPOND TO THE REQUIREMENTS OF USERS;
- THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION, SECURELY OR WITHOUT MALFUNCTION;
- THE QUALITY OF ANY SERVICE, INCLUDING THAT THE RESULTS OBTAINED VIA THE SERVICES WILL MEET USER EXPECTATIONS;
- THAT THE RESULTS OF THE DATA COLLECTED BY THE FEATURES ARE COMPLETE, EXHAUSTIVE, TRUE, ACCURATE OR RELIABLE.
No information or advice given by ICONOSQUARE to Users in relation to the use of the Services shall be regarded as the provision of a guarantee.
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, Users are informed that ICONOSQUARE carries out automated processing of their personal data for the purpose of using the Services and 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 contribute to such relationships for management, performance, processing and payment purposes.
Every User has access, modification, correction, limitation, portability and removal rightsin relation to their data, as well as a right of opposition.
For this purpose, please contact the support service by email at the following address: email@example.com.
Access to and the use of the Services offered by ICONOSQUARE is valid for an indefinite period as from the User’s subscription, except in case of termination by the User in accordance with the terms stipulated below.
The General Terms and Conditions of Use are valid and shall apply for as long as Users benefit from their subscription.
ICONOSQUARE may terminate the General Terms and Conditions of Use linking it to Users, at any time, without notice, in the following case:
- ICONOSQUARE is required to do so by a law or regulation.
Such termination will result in the deactivation of the User’s Account by ICONOSQUARE and will have the same consequences as those stipulated in Article 15 below.
ICONOSQUARE also reserves the right to temporarily block all access to the Website and/or to the Application and/or to the Services by Users who have breached the General Terms and Conditions of Use and have not complied with the prerequisites defined in Article 5 of the General Terms and Conditions of Use.
A User’s Account is active so long as:
- It is registered on the Website and/or the Application;
- It pays for a subscription OR in a trial period to the Services of ICONOSQUARE.
As soon as a User stops paying for its subscription, access to the Services is disabled. The Customer may continue to access its Account but will not have access to the Services unless it purchases and pays for a new subscription to the Services.
Users are able to deactivate their Account on the Website and/or the Application and/or delete their Account at any time for no reason.
To do so, Users must send an email to the following address: firstname.lastname@example.org requesting the deactivation or deletion of their Account. A copy of some form of identity may be requested to avoid any risk of identity theft.
Users have a 15 days period to cancel any Account deletion. Past this period, the cancellation of the subscription and/or the deletion of an Account is final as the Account is irreversibly deleted and the personal data relating thereto is automatically deleted and cannot be recovered.
The cancellation of the subscription and/or the deletion of an Account does not prevent Users from re-registering and creating another Account.
In the event of non-compliance with the obligations resulting from acceptance of the General Terms and Conditions of Use, the provision of incorrect information when the Account is created or action likely to damage the interests of ICONOSQUARE, ICONOSQUARE reserves the right to suspend access to the Services without notice or, depending on the seriousness of the action, delete the User's Account without any damages being able to be claimed.
Certain elements (including editorial, illustrations, studies and videos) on the Website and/or the Application and/or the Services are protected by intellectual property laws, particularly copyright, and are the exclusive property of ICONOSQUARE.
Similarly, the trademarks, logos, graphics and animations on the Website and/or the Application and/or the Services are the exclusive intellectual property of ICONOSQUARE.
It is agreed that the General Terms and Conditions of Use shall not result in any assignment of the intellectual property rights of ICONOSQUARE.
ICONOSQUARE personally grants to Users the non-exclusive, non-transferable right to use the Website and/or the Application and/or the Services and any related software free of charge. They are prohibited - directly or indirectly - from copying, modifying, creating a derivative work, reverse engineering, disassembling or otherwise attempting to obtain the source code (except for cases stipulated by law), selling, assigning, sub-licensing or otherwise transferring any rights to the Website, the Application, the Services or the related software.
Users undertake not to modify the Website, the Application, the Services or the related software in any way and/or not to use any modified versions thereof, including (but not limited to) to gain unauthorised access to the Website and/or the Application and/or the Services. In particular, Users agree not to access the Services by any means other than the Website and/or the Application.
Users are informed and recognise that the Website, the Application, the Services and any related software used may contain confidential information or information protected by the intellectual property law in force or any other law. Users undertake not to modify, lease, borrow, sell or distribute such 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 and/or the Services contain text and images which are the exclusive property of ICONOSQUARE (hereinafter, “Intellectual Property”). The Intellectual Property is made available to Users, free of charge, solely for the use of the Website, the Application and the Services and as part of the normal use of their features.
Such authorisation to use the Intellectual Property is given on a personal, non-exclusive and non-transferable basis. ICONOSQUARE may revoke its authorisation to use its Intellectual Property at any time.
Users are prohibited - directly or indirectly - from copying, modifying, creating a derivative work, reverse engineering, disassembling, or otherwise attempting to find the source code (except for cases stipulated by law), selling, assigning, sub-licensing or otherwise transferring any rights in relation to the Intellectual Property. Users agree not to modify the Intellectual Property in any way.
Users are prohibited from exporting, extracting or scraping the Content developed by ICONOSQUARE on their Application for use outside the ICONOSQUARE Services, using other similar tools or products.
In case of non-compliant or abusive use of the Intellectual Property, ICONOSQUARE reserves the right to take any legal action to stop the infringement of its intellectual property rights and to cancel the subscription and/or deactivate Users’ Accounts in accordance with the conditions of Article 15 above.
The General Terms and Conditions of Use constitute the entire agreement between Users and ICONOSQUARE with regard to the use of the Services and of the Website and/or the Application in general.
The General Terms and Conditions of Use govern all usage of the Services by Users, subject to the application of additional or specific terms and conditions of use governing certain Services for which Users must give their express consent.
In general, if one or more provisions of the General Terms and Conditions of Use are held invalid pursuant to a law, regulation or following a final decision by a court with jurisdiction, the other provisions shall retain their full force and scope and shall remain valid and applicable. The same principles will apply in case of incomplete provisions.
If ICONOSQUARE does not invoke, at any given time, any of the provisions of the General Terms and Conditions of Use, this fact may not be interpreted as a waiver of the right to invoke these provisions at a later date.
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 questions 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