Please note that the content you’re about to read has been translated from its original version in French. While we’ve made every effort to ensure accuracy, some nuances and details may have been lost in translation. In case of any discrepancies or inconsistencies between the translated version and the original, the latter shall prevail. By using our services, you agree to be bound by these terms and conditions in their entirety, including the original French version.
1. DEFINITIONS
For the purposes of these Terms and Conditions of Use, capitalized terms used herein shall have the meaning ascribed to them as follows:
- Client: means the legal entity associated with a User. This is the company mentioned by the Useras “Company” during registration on the Platform. Through this, it authorizes access to thePlatform by its Users, without necessarily having subscribed to a paid subscription with FOXINTELLIGENCE.
- Credits: means the units for accessing the Platform’s analyses distributed free of charge to Users by FOXINTELLIGENCE.
- Content: means the information and elements made available to Users by FOXINTELLIGENCE from the Solution, namely:- Enriched Data- dashboards, graphs, and indicators of the Solution established on the basis of Enriched Data.
- T&C: means these terms and conditions of use.
- Data: means any information and publication relating to consumers and their consumption practices relating to different Markets, based on a non-exhaustive panel.
- Collected Data: means any Data collected and used by the Platform.
- Enriched Data: means any Collected Data that has been anonymized, aggregated, reprocessed, and enriched by Foxintelligence.
- Personal Data: in accordance with the GDPR, refers to any information that relates to an identified or identifiable natural person (hereinafter referred to as a “data subject”); a “person identifiable” is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more specific elements of his or her physical, physiological, genetic, mental, economic, cultural or social identity.
- Identifiers: means both the User’s own identifier and the login password communicated directly upon registration on the free version of the Platform.
- License: means the license to use the Solution and its updates granted by FOXINTELLIGENCE to the Client under these T&C.
- Market(s): means the markets offered in the free version of the Platform.
- Party(ies): means together or individually FOXINTELLIGENCE and the Client.
- Platform: means all software developed by FOXINTELLIGENCE, namely:
- B2C software, such as Cleanfox, for collecting Data;
- Foxintelligence’s data processing software, for anonymizing, reprocessing, and enriching Collected Data;
- the Solution, accessible by the Client under the License in accordance with the provisions of these T&C.
- Services: means the provision by FOXINTELLIGENCE of the free version of the Solution and theFree Services.
- Applicable Data Protection Regulation: means the GDPR, the amended Data Protection Act, and any text applicable to the processing of Personal Data.
- GDPR: means Regulation (EU)2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of suchdata, and repealing Directive 95/46/EC (General Data Protection Regulation).
- SaaS: means the Software as a Service deliverability mode for delivering applications on a rental model and providing associated services.
- Free Services: means the services associated with the Solution offered free of charge through direct registration by the User on the Platform as well as any service provided as part of a trial orpromotion period.
- Solution: means the Foxintelligence.io application, a software accessible in SaaS mode developed by FOXINTELLIGENCE, providing Users with Content as well as a set of functionalities allowing the User to filter and sort the Content. Only the free version of the Solution is subject to these T&C.
- User: means any natural person who has created an account on the free version of the Platform on behalf of a company (such as their employer). This company is the Client. A User is under the responsibility of the Client. The User has access to Free Services as well as the free version of the Platform. Any person not attached to an existing company will be denied access to thePlatform.
2. PREAMBLE
FOXINTELLIGENCE has developed a solution: an innovative technology accessible online in SaaS mode. It is based on the data collected by B2C software developed by FOXINTELLIGENCE, such as Cleanfox, which is then reprocessed and enriched by Foxintelligence’s data processing software. The resulting enriched data is used to provide clients with dashboards, graphs, or indicators, as well as a set of functionalities that allows users to filter and sort the content. These Terms and Conditions of Use govern the relationship between the Client (through theUsers’ behavior) and Foxintelligence. They define the terms and conditions under which the User agrees to use the free version of the Platform based on Foxintelligence’s Credits. These terms and conditions apply to all users of the free version of the Platform. By clicking “I accept,” the User confirms that they have read and understood the T&C and accepts them without reservation. This implies the Client’s unconditional acceptance of the T&C.
3. ACCESS TO THE FREE VERSION OF THE PLATFORM
Access to the free version of the Platform is reserved for Users associated with a Client. The User subscribes to the free version of the Platform using their Identifier. Personal email addresses are not allowed as Identifiers. Users are responsible for the confidentiality of their identifiers and must immediately inform FOXINTELLIGENCE in case of loss or theft.
4. USE OF CREDITS
Users can access the Platform’s analyses in exchange for the use of Credits. Credits are distributed free of charge to Users by FOXINTELLIGENCE. Users may not transfer or exchangeCredits to any third party or company.
5. SUSPENSION, MODIFICATION, OR TERMINATION OF SERVICE
FOXINTELLIGENCE reserves the right at its sole discretion and without notice or liability to theUser, the Client, or any third party, to terminate, modify or suspend a User’s access to thePlatform, its Content or any part of its Content at any time.FOXINTELLIGENCE may take these measures for any reason, including but not limited to, in the event of a breach of these T&C, suspicion or actual infringement of intellectual property rights or other rights of FOXINTELLIGENCE or a third party, or any behavior deemed harmful or unacceptable to FOXINTELLIGENCE, its affiliates or any third party.In addition, a User may terminate their account at any time by sending a written request to FOXINTELLIGENCE.
6. LICENSE TO USE THE SOLUTION
FOXINTELLIGENCE grants to the User, who accepts it, a license to use the Solution and its updates (hereinafter referred to as the “License”).The right to use granted under the License includes the following elements:- Subject to the provisions of Article 9.a) (“Intellectual Property”), access and use of theSolution by remote access, via the Internet network, from the User’s connection to theSolution using Identifiers; the User undertakes to read and comply with all conditions of use of the Solution communicated to them, regardless of their medium;- Subject to the provisions of Article 9.b) (“Intellectual Property”), users are granted access to and the right to use the content for the Client’s internal use only. This includes the right to reproduce, adapt, translate, and create composite works from the content on all media.However, users are not authorized to share Platform Content outside of their Company(the Client).Furthermore, users agree not to publish, disseminate, sell, or make available to third parties, by any means, the data and information arising from the Platform without prior written authorization from Foxintelligence.The access and use rights to the Solution granted to the Client and Users under the License are strictly personal, non-exclusive, and non-transferable. As such: the License is granted to theClient alone, who alone – with the User – can access and use the free version of the Solution; the License may not be assigned, transferred or transmitted to anyone, in any form and for any reason, without the prior, express, and written consent of FOXINTELLIGENCE.It is also specified that the License cannot be interpreted as authorizing the Client or the User to develop an independent and/or competing solution to that of the Solution.Any violation of the provisions of this Article by the Client or the User may result in the termination of access to the Solution at the initiative of FOXINTELLIGENCE without prejudice to damages.By accepting this license to use the Solution, the Client and the User undertake not to:- copy, transfer or transmit all or part of the Solution;- disassemble the Solution, decompile the Solution, translate the Solution, carry out reverse engineering or attempt to do so;- access the Solution source code in any other way;- in general, perform any act that is not expressly permitted to the Client or the User under these T&C;- infringe FOXINTELLIGENCE’s intellectual property rights on the Solution and Content, as described in Article 9 (“Intellectual Property”).
7. USER OBLIGATIONS
The User undertakes:- to transmit all necessary information and data to use the Solution accurately and solely under their responsibility, limited to internal transmission within their company (the Client).They guarantee the accuracy of this information and data and undertake to informFOXINTELLIGENCE of any changes to it.- not to use the Solution in conditions that could affect the proper functioning or security of the Solution;- to ensure the confidentiality and security of the access device, not to disclose theirIdentifier. In case of accidental (loss, theft, etc.) or deliberate disclosure, the User undertakes to inform FOXINTELLIGENCE without delay as soon as they become aware of it.The User declares that they accept that FOXINTELLIGENCE sends them technical and/or commercial information emails or letters as long as their Identifier exists on the platform.The Client will be solely responsible for the use of the Solution or Content and the acts or omissions of its Users. In particular, the Client will be responsible to FOXINTELLIGENCE in then event of use of the Solution or Content for improper, illegal, contrary to public order or morality, prohibited by applicable laws and regulations, or in violation of the rights of a third party, or causing loss or damage of any kind whatsoever for FOXINTELLIGENCE or any third party.The Client guarantees FOXINTELLIGENCE against all claims, costs (including attorney and advisory fees), fines, penalties, damages and interests, expenses and other charges resulting from their use of the Solution and will be required to indemnify FOXINTELLIGENCE accordingly.
8. FOXINTELLIGENCE OBLIGATIONS
FOXINTELLIGENCE will use its best efforts to ensure that the Solution is accessible on working days under an obligation of means. Access to the Solution may also be unavailable due to maintenance operations.The User acknowledges that FOXINTELLIGENCE cannot in any way be held responsible for any interruptions in the operation of the Internet.
9. INTELLECTUAL PROPERTY
A. Solution
FOXINTELLIGENCE warrants that it holds the intellectual property rights to the Solution and to all FOXINTELLIGENCE intellectual property elements that may be made available to the Client under the License, in accordance with the provisions of the Intellectual Property Code, and of which it remains the exclusive owner.More generally, FOXINTELLIGENCE remains the owner of its codes, tools, methods, proprietary documentation, and know-how, which it may have used and/or provided to the Client.Accordingly, nothing prevents FOXINTELLIGENCE from using the same tools, methods, proprietary documentation, and know-how for its other clients, for a fee or not.No transfer of ownership rights is made to the Client for the above-mentioned elements under these T&C. These T&C do not confer any ownership rights on the Client to the Solution source code. As a result of the foregoing, the Client undertakes not to perform any act or behavior that could directly or indirectly infringe FOXINTELLIGENCE’s intellectual property rights on the Solution and associated trademarks.The Client undertakes to take, particularly regarding its personnel and Users, all necessary measures to ensure compliance with FOXINTELLIGENCE’s intellectual property rights.Unauthorized use by FOXINTELLIGENCE under these T&C is unlawful, in accordance with the provisions of Article L.122-6 of the Intellectual Property Code.The Client, and therefore the User, therefore undertakes not to:- copy, transfer or transmit all or part of the Solution;- disassemble the Solution, decompile the Solution, translate the Solution, carry out reverse engineering or attempt to do so;- access the Solution source code in any other way;- in general, perform any act that is not expressly permitted to the Client or the User under these T&C;- infringe FOXINTELLIGENCE’s intellectual property rights on the Solution and Content, as described in Article 9 (“Intellectual Property”).- any modification or circumvention of protection codes such as, in particular, identifiers and passwords;- any unauthorized attempt to intrude on the Platform
B. Content
FOXINTELLIGENCE guarantees that it holds the intellectual property rights to the Content and allFOXINTELLIGENCE intellectual property elements that may be made available to the Client aspart of the provision of the Content, in accordance with the provisions of the Intellectual PropertyCode, and of which it remains the exclusive owner. No transfer of property rights over the Content is made to the Client under these T&Cs.As a result of the foregoing, the Client undertakes to refrain from any act or behaviour that could directly or indirectly infringe the intellectual property rights over the Content. The Client undertakes to take, particularly with regard to its staff and Users, all necessary measures to ensure compliance with FOXINTELLIGENCE’s intellectual property rights.Any use not expressly authorized by FOXINTELLIGENCE under these T&Cs in accordance withArticle 6 is illegal, in accordance with the provisions of Article L.122-6 of the Intellectual PropertyCode. FOXINTELLIGENCE owns all Content. The Client acknowledges and agrees that the Content constitutes and contains valuable intellectual property elements and confidential information belonging to FOXINTELLIGENCE and that this Content has been developed through substantial efforts and resources. The Client does not acquire any rights, titles or interests in the Content except in the context of the limited and non-exclusive license to use the Content solely within the company (the Client) in accordance with this agreement. All other rights in the Content, including copying rights, remain the property of FOXINTELLIGENCE.The Client agrees to indemnify and hold FOXINTELLIGENCE, as well as its officers, directors, employees and agents, harmless from any damage (loss) arising from (i) improper use of theContent by the Client or (ii) a claim by a third party related to the use or disclosure of the Content by the Client.
10. SECURITY AND BACKUP
FOXINTELLIGENCE will implement and maintain security systems corresponding to each type of Service throughout its existence, particularly for the infrastructures hosting the Solution and in any event always at least equivalent to industry standards.
FOXINTELLIGENCE undertakes to: perform daily backups of the information processed in its information system; ensure the security of the information processed and of its information system. In this context, FOXINTELLIGENCE will adopt all necessary measures to ensure the security, integrity, confidentiality and control of data disclosure; keep in a usable manner, for a duration in compliance with the legislation in force, particularly tax legislation, the trace and integrity of actions carried out in its information system, in order to guarantee the possibility of reconstructing a process for control (audit) and evidence purposes.
The Client will inform FOXINTELLIGENCE of any change in the duration imposed by legislation as soon as it becomes aware of it so that the Service Provider can act accordingly.
FOXINTELLIGENCE will take all necessary precautions to prevent the introduction of any malicious program (defined as harmful computer code such as viruses, logic bombs, worms, Trojan horses or any other code or instruction infecting or affecting any program, software, data, file, database, computer or other hardware or element, damaging, compromising, compromising integrity or confidentiality, disrupting all or part of the operation, diverting or allowing diversion of an information system from its intended use) on the Solution and will adopt appropriate measures if it finds the existence of such a malicious program.In the event of the introduction of such a malicious program, the Parties agree to collaborate in order to determine its origin by mutual agreement and to eradicate its consequences. If it were found that the introduction of the malicious program is attributable to the Client, the latter will bear the costs of diagnosis and restoration. If it were found that the introduction of the malicious program is attributable to FOXINTELLIGENCE, the latter will bear the costs of diagnosis and restoration.
11. PROTECTION OF PERSONAL DATA
a. Processing of personal data implemented by FOXINTELLIGENCE
In the context of the performance of the Services, FOXINTELLIGENCE is required to collect and process personal data concerning the User. In this context, FOXINTELLIGENCE implements aPersonal Data processing, in compliance with the applicable Regulation, the purposes of which are the management of customers and more generally the management of operations allowing it to communicate with the Client; improving the Service through user experience customization as well as global analysis of User behaviour on the Platform. This includes, in particular, data relating to the User, such as their identity, phone number, email address, connection data, IP address, job title. This also includes data regarding the User’s use of the Platform, such as visited pages, used filters, or any other element related to their navigation on the Platform only. The personal data as well as the whole file associated with the Client will be kept for the entire duration of the User’s account on the Platform as well as during the applicable prescription period, if any. In accordance with the European Data Protection Regulation (GDPR) and the amended “DataProtection and Liberties” law, the User has the right to request access to the data concerning them, their correction or erasure as well as the limitation of processing. They may also object to the processing of their data and request its portability.
Finally, they may send directives to FOXINTELLIGENCE regarding the fate of their personal data after their death. These rights may be exercised with FOXINTELLIGENCE’s DPO, by email, at dpofoxintelligence@racine.eu or, in writing, at the following address:
Foxintelligence – DPO – 1, rue de Metz 75010 Paris – France.
The persons concerned may also file a complaint with the CNIL directly from its website: https://www.cnil.fr.
b. Third Party Services
The following third-party services act as data processors for FOXINTELLIGENCE:
- Amplitude (https://amplitude.com/): a data analytics platform that allows companies to understand how users interact with their products or services.
- Intercom (https://www.intercom.com/): software that allows companies to communicate with their users in real-time.
- Hotjar (https://www.hotjar.com/): a user behaviour analysis platform that allows companies to understand how users interact with their website by recording browsing sessions and providing heat maps and user journey analysis.
- Pipedrive (https://www.pipedrive.com/): a CRM platform that helps companies manage their sales process.
12. FORCE MAJEURE
Neither Party shall be liable to the other for non-performance or delays in the performance of an obligation under these T&Cs, which are due to the occurrence of a force majeure event meeting the conditions set out in Article 1218 of the French Civil Code. In such a case, obligations arising under these T&Cs shall be suspended provided that the Party which is the victim of force majeure informs the other Party as soon as possible after its occurrence.
13. WARRANTY
FOXINTELLIGENCE warrants that the Services are provided with all diligence and reasonable skill required, and excludes any other warranty, express or implied, not explicitly stipulated. FOXINTELLIGENCE does not warrant: the completeness of the panel on the basis of which Enriched Data is developed; that the installation and use of the Solution are without interruption, malfunction or error; that the Solution is free from malfunctions, anomalies, errors or bugs, nor that the Solution operates without breakdown or interruption; the absence of data transmission problems, connection or unavailability of the network. FOXINTELLIGENCE also reserves the right to evolve the Solution, for technical or commercial reasons. When these changes do not substantially and negatively alter the conditions of the provision of the Services, the Client may be informed of the changes made, but their acceptance is not requested. FOXINTELLIGENCE gives no additional warranty with regard to any third-party services and supplies.
14. LIABILITY
FOXINTELLIGENCE cannot be held liable for any damages of any kind suffered by the User, theClient or third parties and resulting directly or indirectly from the improper or non-compliant use of the Solution or the use of the Content, including loss of data or any financial loss resulting from the use or inability to use the Solution, even if FOXINTELLIGENCE has been notified by theClient or the User of the possibility of such damages. Moreover, FOXINTELLIGENCE cannot be held liable for any infringement of French and international laws on the protection of intellectual property, for any work, modifications, achievements made from any element of any kind provided by the Client or the User, particularly in the Analyses, such as texts, photographs, logos, images, graphics for which they do not have exclusive ownership. In the event that FOXINTELLIGENCE’s liability is incurred as a result of a failure to comply with its obligations or for any other reason, its liability is limited to direct damages suffered by the Client or the User, excluding indirect damages such as any loss of profit, loss of files, commercial disturbance, loss of earnings, loss of business, loss of customers or any action brought by a third party against the Client. Under no circumstances may FOXINTELLIGENCE or any entity in the group to which it belongs, its officers, shareholders and employees be held liable for the total or partial impossibility for the Client to benefit from one of the Services, particularly in the following cases:
– improper or non-compliant use of the Services by the Client or the User;
– incident/failure occurring on third-party networks;
– malfunction of the Client’s or its users’ equipment, hardware and/or software and infrastructure;
– alteration, malfunction or insufficient technical capacity of the Client’s computer equipment as well as its network;
– any unauthorized use of Data whose confidentiality the Client or Users have not guaranteed;
– maintenance work, repair, corrective and/or evolutionary updates;- force majeure (as defined in Article 12 (“Force Majeure”) above).
15. UPDATING OF THE GENERAL TERMS AND CONDITIONS OF USE
FOXINTELLIGENCE reserves the right to unilaterally modify these T&Cs at any time to take into account improvements made to the Platform and Free Services, the addition of new features or any update justified by regulatory developments. Updates to the T&Cs that have no effect on your rights and obligations will not be subject to any prior notice. If an update to the general terms and conditions results in a modification of your rights and obligations, a new version of the general terms and conditions will be communicated to you and you must accept it within thirty (30) days of their publication. To do so, you must either continue to use the service or stop using it, and if you do not unsubscribe from the service after the communication of the new general terms and conditions, they will be considered accepted.
16. APPLICABLE LAW AND COMPETENT JURISDICTION
These T&Cs are governed by French laws and regulations. In the event of a dispute arising between the Parties concerning the validity, interpretation or performance of these T&Cs, the Parties will endeavour to resolve their dispute amicably.
1. In the event of persistent disagreement, the dispute may be brought before theCommercial Court of Paris. This Article shall remain in force notwithstanding any case of expiry
