Socialshaker offers the Socialshaker online service, which consists of an integrated solution with online marketing functionalities. This solution makes possible the monitoring of online communities on social networks via many applications.
The Socialshaker solution is accessible via a secure website using login IDs and passwords and provides the functionalities defined below.
These General Terms and Conditions define the terms and conditions of the Socialshaker service. Any use of the service constitutes acceptance of these General Terms and Conditions, which constitute the sole contractual framework to the exclusion of any other document.
The terms used in these Terms and Conditions that begin with an uppercase letter shall have the meanings given to them below.
Subscription means the subscription chosen by the Customer from among the proposed packages.
Customer means the customer using the Service under these General Terms and Conditions.
Order means the Customer’s order with Socialshaker.
Account means the account created by the Customer that enables it to use the Functionalities and benefit from the Service. Creating an Account constitutes acceptance of these General Terms and Conditions.
Functionalities means the functionalities of the Service described in Article 4 (“Functionalities”).
Service means the Socialshaker service, which offers Functionalities for the monitoring of online communities on social networks.
User means any agent of the Customer with access to the Service.
2. PURPOSE AND DURATION
The purpose of these General Terms and Conditions is to define the terms and conditions under which Socialshaker provides the Service and the Additional Services (hereinafter the “Agreement”).
The Agreement takes effect on the date that the Customer opens its Account for an indefinite period, until the customer terminates its subscription.
3. ACCOUNT CREATION
It is the Customer’s responsibility to ensure the prior compatibility of its computing environment with the technical features of the Service. The Service includes compatible Internet access and a compatible computer and browser according to the prerequisites listed on the website.
The Customer shall connect to the website www.socialshaker.com, click on the “Login” button, and complete the form provided. Once the Account is created, the Customer may use the Functionalities and store its operations.
The codes are strictly personal and confidential and are the Customer’s sole responsibility. The Customer shall see to it that its employees who are authorized to use the Service do not communicate them to any third party. Any connection/operation
made using the Customer’s codes is deemed to be made by the Customer. Socialshaker claims no responsibility for the use of the Service by a third party using the personal codes of Customer’s Users.
In the event of loss or theft of codes, the Customer shall immediately inform Socialshaker thereof so that new codes may be generated and sent to it.
The Service includes the following Functionalities:
– Online community monitoring
– Facebook applications
– Facebook page management
The Customer shall determine which applications it wishes to use in accordance with its promotional needs.
5. PROMOTIONAL GAME FUNCTIONALITIES
The Service offers as part of its functionalities the ability to create promotional games on social networks. As part of the use of this type of application, the Customer represents that it has submitted the rules for the promotional game and the Customer is solely responsible for the data collected through registration for the game.
It further guarantees that:
– The Customer has received, with respect to its personal data, the express prior consent of the relevant individuals for any transmission of their data to third parties;
– The relevant individuals have been duly informed of their rights under the French Data Protection Act of 6 January 1978;
Consequently, the Customer holds Socialshaker harmless from and against any prosecution or conviction that may be related to the transmission of illegal data or personal data without consent.
Moreover, Socialshaker reserves the right to use the information provided for the sole purpose of statistical analysis. As appropriate, information shall be kept anonymous.
6. MARKETING FUNCTIONALITIES
The Service offers the following Functionalities:
– Community monitoring
– Interactive promotional games
7. CONTENT PUBLISHED VIA THE SERVICE
The content published via the Service is the sole responsibility of the Customer.
As such, the Customer is responsible for the content published and for the compliance of such content with the right of publicity and respect for public order and morality.
8. RIGHT TO USE THE SERVICE
By accepting these Terms and Conditions, the Customer has a strictly personal, non-exclusive, non-assignable, and non-transferable right to use the Service, which is granted worldwide by Socialshaker for the term of validity of the Account created by the Customer.
The right to use the Service includes the right to remote use of the Service in accordance with its intent, under these General Terms and Conditions, to meet the Customer’s professional needs only.
Consequently, any other use of the Service by the Customer is prohibited. As such, the Customer shall refrain from any dissemination, distribution, or direct or indirect provision to the Service to the benefit of third parties or the public, at no cost or for consideration. Moreover, the Customer shall refrain from any temporary or permanent reproduction of the Service by any means whatsoever, as well as any translation, adaptation, arrangement, decompilation, or modification of the Service, including for the creation of a similar service.
As part of the additional information that the Customer may indicate in its Account, the Customer shall refrain from providing any Data or information via the Service that is unlawful pursuant to laws and regulations or public order or is detrimental to rights of third parties. More generally, the Customer shall refrain from using the Service contrary to the regulations applicable to electronic communications or providing assistance for such use.
9. SERVICE AVAILABILITY
The Service is available at www.socialshaker.com. Socialshaker or its subcontractor host strives to ensure round-the-clock accessibility to the Service. However, the Customer shall be aware of the technical risks inherent to the Internet and access interruptions that may result. Consequently, Socialshaker cannot be held responsible for any downtime or slowdowns that may occur.
Moreover, the Customer is informed of the need to interrupt the Service for the purpose of maintaining the Service and technical infrastructure. Socialshaker shall endeavor to minimize the time slots devoted to such maintenance and notify the Customer in advance, but Socialshaker may not be held responsible for the possible impact of such unavailability on the effectiveness of the Service or Customer activities. As a result of the foregoing, Socialshaker does not in any way guarantee the continuity or availability of the Service.
In the event of a malfunction of the Service noted by the Customer, the Customer shall promptly inform Socialshaker by e-mail or telephone and accurately describe the circumstances of the anomaly. Socialshaker undertakes to take the report into account within one hour and correct the anomaly within four hours.
In order to take advantage of this corrective maintenance, the Customer shall appoint a single contact person responsible for the reporting of anomalies. Only reports by this person may be taken into account, Mondays to Fridays from 9:00 am to 7:00 pm.
The corrective maintenance fee is included in the Service fee, for up to one hour of use per month. Beyond that, Socialshaker shall bill based on time spent on the anomaly, in accordance with the rates applicable at the date of reporting. Only Socialshaker statements are binding with regard to Customer consumption.
Finally, Socialshaker has the freedom to change all or part of the solution or service at its discretion if such change does not alter its Functionalities or performance.
10. FINANCIAL CONDITIONS
10.1 SERVICE FEE
In consideration for the Service, the Customer undertakes to pay Socialshaker a Subscription fee according to one of the following formulas chosen when it created the account:
– Free Subscription: Monthly subscription of €0 with up to 1,000 participations accross campaigns, for an initial period of one month with automatic monthly renewal
– Start Subscription: Monthly subscription of €79 with unlimited participations accross campaigns, for an initial period of one month with automatic monthly renewal
– Expert Subscription: Monthly subscription of €199 with unlimited participations, whether branded or not, phone support and friends referral tracking and all our advanced features for an initial period of one month with automatic monthly renewal
Unless otherwise indicated in the Account settings, Socialshaker invoices on a monthly basis.
The first invoice shall be sent upon opening of the account and online payment by the Customer.
Payment is made online by credit card by the customer.
Without prejudice to any damages, the following shall occur for any default of payment by the Customer for an outstanding invoice:
– A notice shall be sent;
– Interest on arrears shall be come due at the statutory interest rate plus 10 points, without prior notice;
– Suspension of the Account.
Should the Customer fail to rectify the situation within eight (8) days from the date of the notice, Socialshaker may automatically terminate the contract. If applicable, Socialshaker shall retain any fees paid by the Customer.
Should a monthly fee not be paid, for any reason whatsoever, such fee plus additional bank charges and administration costs (recovery monitoring, resumption fees, fees for declined automatic debits) shall be payable.
10.4 PRICE REVISION
It is expressly agreed that the amounts invoiced by Sociashaker may be revised.
11. INTELLECTUAL PROPERTY
The Customer is and remains the owner of its own Files, and the Entries contained therein and otherwise enjoys all rights of exploitation of said Files and data that enable it to use the Service. It is also the sole owner of the additional information it provides, until such time as it is shared.
Socialshaker is the sole owner of the Service and all of its component parts (software, Database, website, interfaces, trademark, etc.). In particular, Socialshaker is the sole owner of the rights to operate the Database.
Socialshaker grants the Customer the right to use the Service and the Database under the conditions stipulated in Article 6.
For the sole purpose of performing the Service, the Customer grants Socialshaker the non-exclusive, personal, non-assignable, and non-transferable right to reproduce, process, qualify, enrich, and deploy its data and Files within the Service worldwide for the term of the agreement.
12. AUTHORIZATIONS AND PERSONAL DATA
It is the Customer’s responsibility to obtain of the legal and administrative authorizations necessary for the use of its Files and the performance of Data Processing via the Service.
Socialshaker reminds the Customer of its obligations respecting any person performing automated data processing in accordance with Law 78-17 of 6 January 1978 and its subsequent amendments and implementing regulations, including the obligation to prior declaration to the CNIL and information of rights to access, correct, and challenge that individuals mention in the Entries have.
The Customer acknowledges that as the party solely responsible for the file, it is required to inform only the individuals referenced therein of their rights, and to perform any necessary CNIL declaration for the collection and use of personal data.
The Service provides tools to provide individuals with information about consent, by type of channel. However, these tools cannot in any way incur any liability on the part of Socialshaker in the legal information to be distributed to the persons in question.
It is further noted that the Entries cannot under any circumstances disclose, directly or indirectly, racial origins, political, philosophical, or religious opinions, or trade union memberships of individuals, or any unlawful comments.
13. CONDITIONS OF PROOF
In the event of a dispute, Socialshaker may validly administer evidence of Data Processing or an Order by the Customer using its connection and operation logs, which the Customer acknowledges to be solely binding.
The Customer has been informed that Socialshaker can insert control data into any File extraction, within a limit of three (3) Data Items for every fifty thousand (50,000).
The Customer warrants that it has all intellectual property rights that allow it to use the Service, and in particular all intellectual property rights to the information contained in its files, whether they were leased previously or owned.
Socialshaker guarantees the compliance of the applications to the operations activated by the Customer, but provides no guarantee of compliance for its applications to the Customer’s needs, to the extent that the Customer is solely responsible for the selection, relevance, completeness, integrity, and quality of the data contained in its files, and the selection of operations that it shall carry out through the Service.
Each Party undertakes to (i) keep confidential all information marked as “confidential” that it receives from the other Party, and in particular (ii) not to disclose confidential information from the other Party to any third party other than those who need to know it for the performance of the Service, and (iii) to use confidential information from the other Party solely to exercise its rights and fulfill its obligations under the Agreement.
The obligations of the Parties with respect to confidential information shall remain in effect throughout the term of this Agreement and for as long, after termination of the Agreement, as the relevant information shall remain confidential for the Party disclosing it and, under any circumstances, for a period of three (3) years after the end of the contractual relationship. The Parties further undertake to ensure that their employees comply with these provisions, as well as any agent or third party that may become involved for any reason whatsoever under the terms of the Agreement.
Each Party is liable for any consequences resulting directly from its mistakes, errors, or omissions that cause harm to the other party.
The Service is a tool for marketing on social networks and may in no way serve as a substitute for the Customer’s decision-making bodies. Socialshaker is bound by an obligation of means. In particular, Socialshaker assumes no liability or guarantee regarding the suitability of the Service to the Customer’s needs or in the event of non-performance of its business development operations, for which the Customer is solely responsible.
Socialshaker shall not under any circumstances be held liable for any consequential damages, even though they are foreseeable or anticipated, including loss of business, contracts, or markets, loss of profits, increased costs, actions or claims brought by third parties against the customer, or poor response to business development actions. In addition, the liability of Socialshaker is expressly limited to the amount of fees collected by it for the failure of service in question during the six (6) months prior to the alleged infringement.
The Customer represents that it is aware of the technical characteristics and hazards related to loading time, viewing or other online transactions conducted via the Service, since the constitution of the network makes it impossible to know the recipient’s connection speed, the path taken by the data or the availability rate of bandwidth. The Customer also acknowledges that it is aware of the risks of faults relating to the security and confidentiality of data sent or received via the Internet. It assumes sole responsibility for the data that it views, sends, or receives through the Service.
The Customer is responsible for implementing physical and logical security solutions to protect its system and its data from any fraudulent intrusion or computer virus.
Upon the expiration of the period stipulated in Article 2, the Customer may terminate the Service at any time by canceling its recurring subscription.
– Any amount paid in advance by the Customer shall be forfeited and the Customer shall remain liable for all amounts due for the contract period underway that fall due on the date of cancellation of its Account;
It is further noted that in the event of any non-performance by the Customer of these General Terms and Conditions of the Service, Socialshaker reserves the right to suspend and/or terminate Customer’s Account without notice or compensation and without prejudice to the amounts that may be claimed by Socialshaker for damages.
18. MISCELLANEOUS PROVISIONS
The Customer acts in its own name and on its own behalf. It has neither the power nor the authority to commit Socialshaker in any way whatsoever. Nothing herein shall be construed as creating between the Customer and Socialshaker a mandate, subsidiary, or agent or employee-to-employer relationship.
Each Party waives the commitment or employment, directly or through intermediaries, of any employee of the other party, without the party’s prior express consent. This waiver is valid for the term of the Agreement and for the twelve months following its termination. In the event that one of the Parties does not comply with this obligation, it shall indemnify the other Party by paying, immediately and upon request, a lump sum equal to twelve times the gross monthly salary of the employee at the time of his or her departure.
In the event of force majeure, the obligations of the Agreement shall be suspended for the duration of the cause. Only those events normally admitted by the case law of French courts and tribunals shall be considered events of force majeure.
In the event of the invalidity of any provision of the General Terms and Conditions, the other provisions shall remain in force. The parties shall then agree to adopt a new provision that will replace the provision in question.
The Customer expressly authorizes Socialshaker to mention the name and/or trademark of the Customer for commercial reference purposes and reproduce them on its promotional materials.
Socialshaker reserves the right to amend at any time the content of these General Terms and Conditions, and it shall be responsible for communicating or making available the new General Terms and Conditions to Customer. Socialshaker reserves the right to assign all or part of its obligations to any third party of its choice.
The fact that a Party does not require the application of any provision of this Agreement shall in no way be considered a waiver of its rights under the Agreement.
19. LAW AND JURISDICTION
The Agreement is governed by French law. Any dispute between the Parties arising from the formation, interpretation, performance, termination, or cancellation of this Agreement shall be brought before the competent Court in PARIS, even in cases of multiple defendants or third-party proceedings.