The services offered by AZUR MOBILE allow users to understand presence on social networks, especially on Instagram, using statistics and various features.
Access and use of the services offered by AZUR MOBILE, are subject to these general terms and conditions of use and imply the users' express, prior, full acceptance thereof and of the privacy policy of AZUR MOBILE.
AZUR MOBILE 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:
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 AZUR MOBILE. Consequently, all other terms and conditions shall only be binding on AZUR MOBILE further to its confirmation in writing.
IMPORTANT: NOTE TO USERS
ANY USE OF THE SERVICES IMPLIES THE EXPRESS, PRIOR AND FULL ACCEPTANCE BY USERS OF THE GENERAL TERMS AND CONDITIONS OF USE. BY CLICKING ON: "I have read and I accept the general terms and conditions of use of the services" AND BY ACCEPTING THESE TERMS AND CONDITIONS WHEN THE SERVICES ARE ACTIVATED, USERS RECOGNISE THAT THEY ARE BOUND BY THE GENERAL TERMS AND CONDITIONS OF USE.
3.1-AZUR MOBILE 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.
3.2- The General Terms and Conditions of Use are regularly updated. Users are therefore requested to read them every time they visit the Website and/or the Application.
3.3- 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 social presence, access, view and share the data collected from those features.
Through the statistics feature, AZUR MOBILE offers Users the ability to:
5.1- Use of the Services requires that Users:
5.2- Users warrant that they have full legal capacity to use the Services, and in particular that they:
5.3- AZUR MOBILE 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.
6.1- 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. Each Account permits the use of the Services for as many Instagram accounts and/or other platforms to be analysed that the User wishes.
6.2- To create an Account and to be able to use the Services, Users must launch their Application on their Smartphone or Tablet. Then, they will be asked to configure their account and validate those General Terms and Conditions and the end of the process.
6.3- 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 AZUR MOBILE or third parties and not to impersonate any other legal entity or individual.
AZUR MOBILE 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 AZUR MOBILE immediately at the following address: 2020.privacy[@rob@se]thetalents.app.
6.4- In the event that a User provides false, inaccurate, erroneous, outdated, incomplete, misleading or deceptive information, AZUR MOBILE 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, AZUR MOBILE 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.
6.5- 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.
ATTENTION: NOTE TO USERS
AZUR MOBILE reminds Users that the Services only serve to boost their presence on Instagram and/or other platforms using analytics and marketing solutions.
Users acknowledge and agree that the results provided by AZUR MOBILE through the features depend on information provided by Instagram and/or other platforms.
It is therefore expressly understood that as AZUR MOBILE does not have any control over the accuracy or reliability of information provided by Instagram and/or other platforms, it does not provide any guarantee as to the accuracy of the results and/or statistics obtained by Users when using the Services.
Consequently, AZUR MOBILE 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 YouTube.
In addition, AZUR MOBILE 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 other platforms and/or the inability to use any of the features due to the unavailability and/or inaccessibility of data provided by Instagram and/or other platforms.
Users are able to access and use the statistics feature to manage the growth of their Instagram and/or social community and, more specifically, to generate and access statistics in relation to their Instagram and/or social media profiles.
To do this, they must select the social media profile or profiles on which they wish to obtain statistics and click "Add".
Users then access a set of analytics subcategories including the daily number of subscribers gained or lost, the number of "likes", comments, views etc., providing them with a set of data and statistics on the different aspects of their presence on Instagram and/or other platform (community, content (media), engagement and reach of social media profiles etc.).
AZUR MOBILE will then offer Users the ability to access statistics.
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 until the User 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, AZUR MOBILE does not guarantee the operation of or access to the Services twenty-four (24) hours a day, seven (7) days a week.
9.1- AZUR MOBILE 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, AZUR MOBILE 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 AZUR MOBILE and that AZUR MOBILE cannot guarantee continued access to the Services.
In all cases, AZUR MOBILE may not, under any circumstances, be held liable for any interruption and/or malfunction of the Services, for whatever reason.
9.2- Users are requested to inform AZUR MOBILE 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: 2020.hello@thetalents.app.
10.1- 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.
10.2- When using the Services, Users undertake in particular to:
10.3- AZUR MOBILE 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.
11.1- 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.
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.
11.2- Users shall indemnify and hold AZUR MOBILE harmless against any damages incurred by AZUR MOBILE 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, AZUR MOBILE is authorised to disclose necessary information to the competent organisations responsible for the prevention of said fraud and offences.11.3- 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, AZUR MOBILE 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 AZUR MOBILE for damage suffered as a result of such breach by the User.
12.1.1- Users use of the Services is at their own risk.
Users are solely responsible for their 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.
12.1.2- The Services only allow analytics and marketing solutions to be obtained for the management of Instagram accounts and Facebook pages and YouTube channels, the data collected from those features to be accessed, viewed and shared and marketing professionals and influencers to be searched for.
AZUR MOBILE 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.
12.1.3- AZUR MOBILE 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.
AZUR MOBILE 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, AZUR MOBILE may not be held liable to Users, to the maximum extent permitted by the applicable law in force in France, for:
USERS UNDERSTAND AND AGREE THAT:
No information or advice given by AZUR MOBILE 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 AZUR MOBILE 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 AZUR MOBILE 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: 2020.privacy[@rob@se]thetalents.app.
For more information, Users are requested to consult the "Privacy Policy" under the "Privacy Policy" tab.
Access to and the use of the Services offered by AZUR MOBILE 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.
14.2.1- The General Terms and Conditions of Use are valid and shall apply for as long as Users benefit from their subscription.
14.2.2- Users may opt out of the General Terms and Conditions of Use either by (i) notifying AZUR MOBILE at any time, by means of notice, or (ii) by deactivating their registration in accordance with the conditions described in Article 15 below. Notice must be sent to AZUR MOBILE in writing, to the address of AZUR MOBILE stipulated at the start of these General Terms and Conditions of Use.
14.2.3- AZUR MOBILE may terminate the General Terms and Conditions of Use linking it to Users, at any time, without notice, in the following cases:
Such termination will result in the deactivation of the User's Account by AZUR MOBILE and will have the same consequences as those stipulated in Article 15 below.
AZUR MOBILE 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.
15.1- A User's Account is active so long as:
15.2- 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: 2020.privacy[@rob@se]thetalents.app 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.
15.3- 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 AZUR MOBILE, AZUR MOBILE 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.
16.1- Certains elements (including logos, trademarks, images, videos) on the Application and / or the Services are protected by intellectual property laws, particularly copyright. It is implied that all copyrights belong to their respective owners.
16.2- The other 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 AZUR MOBILE.
Similarly, the trademarks, logos, graphics and animations on the Website and/or the Application and/or the Services are the exclusive intellectual property of AZUR MOBILE.
It is agreed that the General Terms and Conditions of Use shall not result in any assignment of the intellectual property rights of AZUR MOBILE.
16.3- AZUR MOBILE 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 AZUR MOBILE in advance.
The Website and/or the Application and/or the Services contain text and images which are the exclusive property of AZUR MOBILE (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. AZUR MOBILE 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.
In case of non-compliant or abusive use of the Intellectual Property, AZUR MOBILE 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.
17.1- The General Terms and Conditions of Use constitute the entire agreement between Users and AZUR MOBILE 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.
17.2- 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.
17.3- If AZUR MOBILE 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 use and operation of the Services are subject to French law. The validity, performance and interpretation of the General Terms and Conditions of Use applicable to the Services are also subject to French law.
For any issue and/or question relating to the Services, Customers are requested to contact customer services by email at the following address to try to find an amicable solution: 2020.privacy[@rob@se]thetalents.app.
Any Disputes Relating To The Application, Interpretation Or Performance Of The General Terms And Conditions Of Use Or To The Use And/Or Operation Of The Services Or Of Any Subsequent Or Consequential Services Are Subject To The Jurisdiction Of The Paris Courts, Even In Case Of The Introduction Of Third Parties Or Multiple Defendants.