Terms and Conditions of Use

Effective as of 15/08/2022

Preamble

LeverGrow is a simplified joint-stock company with a capital of 5000 euros registered with the Commercial and Companies Register of Strasbourg under registration number 914 087 499, with its registered office located at 25 rue des Bateliers, 67000 Strasbourg (hereinafter referred to as the 'Company').
The Company has designed and operates a software-as-a-service (SaaS) called LeverGrow, which aims, without limitation, to:

  • Designing, editing, developing, and operating software for sales teams.

These Terms and Conditions of Use (hereinafter referred to as the 'TCU') come into effect on the date of their publication and apply from the first use of the Platform. They constitute a legally binding agreement between you and the Company.

Preliminary Article: Definitions

Each term starting below with a capital letter has the meaning ascribed to it in its definition:

  • Editor : LeverGrow, a brand of the Company, creator and owner of the Platform;
  • User : a natural or legal person with legal capacity to subscribe to the offered Services;
  • Platform : collaborative tool made available through the link www.levergrow.com
  • Professional : any legal entity or natural person exercising a commercial profession within an organization
  • Organization : any entity, without limitation, registered with the Chamber of Commerce, Chamber of Associations, any liberal profession;
  • Service(s) : refers to all the features, products, software, services, and websites of the Editor that the User can benefit from by accessing the Platform.

Article 1: Object

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Article 2: Platform Use

2.1 Registration on the platform

Registration for the Service is open to any legal adult person with legal capacity. The use of the Service is subject to prior and free registration, which implies full acceptance of these TCU.
In order to access the Service, the User must connect to the Platform and provide the following:

    In the event of a change in the situation as declared on the day of account creation, the User undertakes to update the information concerning him/her on said interface.
    The Editor cannot be held responsible if he/she has not been informed of a change in the User's situation or incorrect information concerning him/her.
    The use of the account is strictly personal.
    In case of loss and/or forgetting of the password, the account holder may request the reset of his/her password from the Platform.
    The User also undertakes not to communicate these identification and password information to any third party, nor to lend, give, sell, or in general, make the account available to a third party, for any reason whatsoever.
    Otherwise, the liability of the Editor cannot be incurred in the event of fraudulent use of this information.
    In the event of fraudulent use of the User's login credentials due to fault or negligence attributable to the User, the Editor shall not be liable to the User for any loss or damage of any kind, including but not limited to any loss or destruction of data, suffered as a result of non-compliant use of the Service in accordance with the rules set forth in these TCU.

    2.2 Account Operation

    Once the User's space has been created in accordance with the provisions of Article 2.1, the User will have access to his/her account.
    The User will be able to connect his/her CRM and receive purchase signals on selected prospect and account lists.
    The User will also be able to interact with the Editor through an online messaging system (Crisp).

    Article 3: Editor's Obligations and Responsibilities

    3.1 The Editor undertakes to exercise all necessary care and diligence in providing a quality service.

    3.2 However, the Editor's responsibility is limited to an obligation of means. In the event of a connection with a Professional, it is not intended to perform the services itself. The Editor shall not be liable for the actions of the Professional.

    3.3 The Editor's civil and criminal liability shall not be incurred in the event of a fault attributable to the User.

    The following cases constitute faults, without limitation:

    • Improper use of the Service:
    • Disclosure or illicit use of the created password:
    • Storage of illegal or contrary-to-purpose information and use of the Platform:
    • Partial or total destruction of information stored as a result of errors directly attributable to the User.

    3.4 The User accepts (i) that it is technically impossible to offer a Platform free of all defects and that the Editor cannot commit to this; (ii) that defects may make the Platform temporarily unavailable; and (iii) that the operation of the Platform may be affected by events and/or problems over which the Editor has no control.

    The Editor may, at any time, modify or temporarily or permanently interrupt all or part of the Platform for maintenance purposes and/or to make improvements and/or modifications to the Platform. The Editor declines all responsibility for any modification, suspension, or interruption of the Platform.

    3.5 In the event of a connection, the relationship between the User and the selected Professional is completely independent in accordance with the TCU-P.

    The Editor cannot guarantee the accuracy of all information available on the Platform regarding Professionals. Professionals are solely responsible for the accuracy of the information they publish. The search and collection of information about a prospect are subject to a best-effort obligation.

    Article 4: User's Obligations and Responsibilities

    4.1 The User is solely responsible for the use of the Service, the transmitted information, their use, and their updating.

    The User undertakes, in particular:

    • To provide sincere and truthful information;
    • To send the Editor all the information and documents required for the performance of the Service.

    4.2 The User undertakes, in particular, to respect the rights of third parties, personality rights, and intellectual property rights such as copyright, patent rights, or trademark rights. Consequently, the Editor cannot be held responsible for the content of transmitted, disseminated, or collected information and their updating.

    4.3 The User alone bears the consequences of the loss of the password(s). Similarly, the User alone shall bear the consequences of the Service malfunction resulting from any use by members of his/her staff or by any person to whom the User has provided his/her password.

    4.4 It is the User's responsibility to pay the amount corresponding to the amount of his/her order to the Professional in charge of his/her file in accordance with the TCU. In case of default, the Editor reserves the right to suspend the Service without notice.

    4.5 The Editor reserves the right to exercise controls on the User's compliance with the Service's provisions.

    4.6 The User undertakes not to disclose any information related to the Service. This information is confidential and constitutes trade secrets.

    Article 5: Personal Data

    The Editor has established a Privacy Policy and Personal Data Protection Policy, which can be consulted at the following address: [link to the privacy policy].

    Article 6: Intellectual Property

    All elements of intellectual property used by the Editor are protected by laws relating to intellectual property and others, in particular copyright law. The Platform and all its elements, including but not limited to texts, images, videos, photographs, trademarks, logos, trade names, domain names, are the exclusive property of the Editor or its partners.
    Except for elements published under a free license, any reproduction or representation, even partial, by any process whatsoever, any automated or non-automated queries aiming to retrieve the data published on this Platform, made without the Editor's authorization, are unlawful and constitute counterfeiting in accordance with the provisions of the law of March 11, 1957, articles 40, 41, and 42 of the Penal Code.
    Any intellectual property rights to the Platform, content, and templates for generating documents belong exclusively to the Editor. Any unauthorized use or reproduction, even partial, of the Platform, content, and templates for generating documents is strictly prohibited. Any infringer will be prosecuted before the competent courts.
    The license to use granted by these TCU does not give the User any rights to the content of websites, computer programs, software, and products associated with the Services provided by the Platform, nor to the associated logos and other names, logos, icons, and trademarks identifying the Editor's products and services, which must not be used without the prior written permission of the Editor.
    Any content that the User downloads, transfers, publicly edits, processes, or enters on the Platform remains the exclusive property of the User if he/she is the legal owner. The Editor shall have no responsibility for such elements. The User guarantees that he/she has all the necessary rights for the use of the content he/she will use via the Platform.

    Article 7: User License

    The User grants the Editor a license to use, host, store, reproduce, and create derivative works (such as adaptations or other modifications) of the content uploaded to the Platform solely for the operation, promotion, or improvement of our Services or the development of new services. This authorization shall remain in effect for the entire duration of the User's content protection, even if the User ceases to use the Platform.

    Article 8: Limitation of Damages and Liabilities

    In the event of major defects that seriously prevent the use of the Services and are solely attributable to the Editor, the Editor undertakes to take action to correct such defects without undue delay following written notification (by registered letter) addressed to it.

    EXPRESSLY ACKNOWLEDGES THAT THE USE OF THE PLATFORM IS AT HIS/HER OWN RISK.
    IN NO EVENT SHALL THE EDITOR BE LIABLE FOR INDIRECT LOSSES, LOSS OF PROFITS OR ANTICIPATED SAVINGS, LOSS OF REVENUE, LOSS OF DATA, OR THIRD-PARTY CLAIMS RELATING TO DEFECTS OR FAILURES OF THE PLATFORM, OR ARISING FROM A BREACH OF AN EXPRESS OR IMPLIED WARRANTY OR A BREACH OF CONTRACT.
    IN ANY EVENT, THE LIABILITY OF THE EDITOR SHALL NOT EXCEED THE AMOUNT PAID FOR THE USE OF THE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ALLEGED VIOLATION OF THE CONTRACT, AND SHALL NOT BE INCURRED AFTER A PERIOD OF FORTY-FIVE (45) CALENDAR DAYS FROM THE OCCURRENCE OF THE GROUNDS FOR THE CLAIM.

    SHALL NOT BE ENTITLED TO A REDUCTION IN PAYMENT, DAMAGES, OR OTHER SANCTIONS IN THE EVENT OF INTERRUPTIONS OF SERVICES OR ERRORS PREVENTING THE TRANSMISSION OF DATA.

    Article 9: Account Closure

    9.1 Account Closure at the User's Initiative

    The User may permanently close his/her account at any time, automatically and without judicial formality, by sending an email to contact@levergrow.com.
    The closure of the User's account shall take effect within a reasonable period after receipt of the request.

    9.2 Account Closure at the Editor's Initiative

    In the event of non-compliance with these TCU, the Editor shall have the right to suspend or close the User's account at any time, automatically and without judicial formality, after sending a formal notice by email that remains ineffective for a period of five (5) calendar days from its receipt.

    9.3 Consequences of Account Closure

    Any closure of the User's Account shall result in the definitive deletion, within a reasonable period, of the information provided to the Editor upon opening or updating his/her account, the documents and other elements uploaded to his/her space, as well as, if applicable, any documents or content that he/she may have published, downloaded, or made available on the Platform. Notwithstanding the foregoing, the Editor reserves the right to retain the aforementioned documents, information, and elements on its servers for a reasonable period.
    Therefore, the User shall ensure that he/she has the necessary backup copies.

    Article 10: Force Majeure

    A party may be released from any liability for damages and other sanctions when the performance of a particular obligation is prevented or made costly by force majeure within the meaning of the law and jurisprudence.
    When a party is prevented from performing for a period exceeding one (1) month due to force majeure, the other party shall be entitled to terminate these TCU in writing without any compensation being due.

    Article 12: Confidentiality

    The Editor has established a Privacy Policy and Personal Data Protection Policy, which can be consulted at the following address: [link to the privacy policy].

    Article 13: Assignment

    The User acknowledges and agrees that the Editor reserves the right to transfer its rights and obligations to any other company.
    The User is not authorized to assign his/her rights and obligations under this Agreement without the prior written consent of the Editor. In any case, the User remains fully responsible for the performance of the obligations defined in this Agreement in the event of default by the assignee of the User.

    Article 14: Miscellaneous

    In the event that any provision of these TCU is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed not to be part of these TCU and shall not affect the validity or enforceability of the other provisions.
    The failure of the Editor to exercise any right, in whole or in part, shall not prevent the subsequent exercise of such right.
    The waiver by the Editor of any breach shall not be considered a waiver of any subsequent breach.

    Article 15: Insurance

    The User certifies that he/she has taken out the necessary insurance (and will maintain it in force) regarding all risks related to his/her activity and the use of the Platform, with a notably solvent insurance company, for all pecuniary consequences of his/her liability arising from any damage caused to the Editor and/or any third party in connection with the use of the Platform, as well as, if applicable, for any damages that the User may suffer in connection with the use of the Platform.

    Article 16: Applicable Law and Jurisdiction

    These TCU, as well as all contractual information mentioned on the Platform, are drafted in the French language and subject to French law.
    In the event of a dispute or disagreement between the parties, they shall endeavor, in good faith, to reach an amicable agreement.
    If no amicable solution is found, the competent courts within the jurisdiction of the Court of Appeals of Paris shall have exclusive jurisdiction.