Terms of use
Introduction
This Website accessible via the URL address 'mantiks.io' is published by its owner, LinkLight, a Société par Actions Simplifiée Unipersonnelle, registered in the Marseille Trade and Companies Register under the number 889 163 457, with a share capital of 8,000.00 euros, whose registered office is located at 24 Boulevard de Taza - 13007 Marseille France - contact: contact@mantiks.io ('LinkLight').
The director of the website's publication is Alexandre Chirié
Object
The Linklight company (hereinafter 'Linklight' and known under the trade name of Mantiks) offers to its users (hereinafter the 'Users') a service to identify prospects using information available on the web. This can be a company page or the job offers of companies detected on job boards. This data will be cleaned, corrected, synchronized or enriched by Linklight's algorithms.
The services offered by Linklight (the 'Services') are accessible through the https://mantiks.io website.
The purpose of these terms and conditions is to define the terms and conditions of use of the Services offered on the Site and to define the rights and obligations of the parties in this context.
They are accessible and printable at any time via a direct link at the bottom of the Site.
{% translate "They may be supplemented, if necessary, by specific terms of use for certain Services, which supplement these general terms and conditions and, in the event of contradiction, prevail over them."
Access to the site and Services
The Site and the Services are intended exclusively for professionals in the context of their activity.;
In this context, the Services are thus accessible, subject to the restrictions provided on the Site:
- any natural person with the power or authority to enter into commitments under these terms and conditions. A natural person who does not have full legal capacity may only access the Site and the Services with the agreement of his/her legal representative;- any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
Acceptance of the terms of use
Acceptance of these terms and conditions is evidenced by the signing of a contract provided by Linklight as part of a monthly subscription. This acceptance can only be full and complete. Any acceptance under reserve is considered null and void. Any User who does not agree to be bound by these terms and conditions shall not use the Services.
Registration on the Site
User must provide Linklight with all information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically results in the opening of an account on behalf of the User (hereinafter the 'Account') which allows the User to manage its use of the Services in a form and according to the technical means that Linklight deems most appropriate to render such Services.
User warrants that all information User provides in the registration form or through the third party sites referred to above is accurate, current and truthful and is not misleading.
He/she undertakes to update this information in his/her Account in the event of changes, so that it always corresponds to the above-mentioned criteria.
The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User is binding as soon as it is validated.
The User can access his Account at any time after having identified himself with his login and password.
The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, unless he bears full responsibility.
User is likewise responsible for maintaining the confidentiality of User's login and password, and any access to the Site using such login and password shall be deemed to be by User. User shall immediately contact Linklight at the contact information provided herein if User notices that User's Account has been used without User's knowledge. User acknowledges Linklight's right to take appropriate action in such event.
Description of the Services
Linklight offers a service to identify B2B prospects (businesses and professionals) based on business and professional targeting criteria.
The Services are detailed on the Site, in a form and with the features and technical means that Linklight deems most appropriate.
To carry out the Services, Linklight gives access to a platform allowing the user to enter these targeting criteria and to have in return a list of companies and professionals corresponding exactly to these criteria.
Financial conditions
Pricing
Prices for the Services are set forth in the contract provided by Linklight as part of a monthly subscription.
Depending on the Subscription chosen, the User will benefit from Linklight's Services for a limited number of units (hereinafter 'Unit').
The Unit is defined as a contact in relation to a search for a professional (designated as 'Lead' in the platform), it being specified that in case of duplication, each element of the duplicate is considered as an independent contact/search for pricing purposes.
If the actual number of Units exceeds the maximum number allowed under the Subscription, the User will be charged the unit price mentioned on the subscription contract.
Unless otherwise stated, prices are in Euros and exclusive of tax.
Linklight reserves the right, in its sole discretion and on terms to be determined by Linklight, to make promotional offers or price reductions.
Billing
The Services are invoiced by Subscription Period. The subscriptions offered by Linklight are monthly and start from the signature of the contract provided to the user by Linklight. Therefore, an invoice is sent each month by e-mail to the user.
Method of payment
Payment of the Subscription price shall be made by bank transfer. Linklight's bank details are provided in each invoice.
The price of the Subscription is due and is debited on the day the Subscription is taken out, then on its anniversary date at each renewal.
Late payments and payment incidents
The User is hereby informed and expressly accepts that any delay in payment of all or part of an amount due on its due date will automatically entail, without prejudice to the provisions of the articles 'Penalty for default' and 'Duration of Services, Termination' and from the day following the date of payment shown on the invoice :
(i) the forfeiture of all sums due by the User and their immediate payment;
(ii) the immediate suspension of the Services in progress until full payment of all amounts due by the User;
(iii) the invoicing to Linklight of late payment interest at the rate of 3 (three) times the legal interest rate, based on the amount of the entirety of the sums owed by the User and a fixed indemnity of €40 (forty) for collection costs, without prejudice to additional compensation if the collection costs actually incurred are higher than this amount.
Duration of Services, Termination
The Services are subscribed to in the form of a Subscription.
The Subscription starts on the day of its subscription, subject to the payment of the price in accordance with the article 'Financial conditions', for a duration of 1 month, from date to date.
It shall then be tacitly renewed for successive periods of the same duration as the Initial Period (hereinafter referred to, together with the Initial Period, as the 'Periods'), from date to date, unless terminated by Linklight or by User, which may be done at any time.
User may terminate the Subscription by contacting Linklight by email at the contact information provided herein. Once the functionality is available, termination of the Subscription may also be done directly through the User's Account.
Linklight's termination of the Subscription shall be effected by sending an email to the User.
Any Subscription Period started is due in full.
Evidence agreement
The User expressly acknowledges and agrees:
(i) that the data collected on the Site and Linklight's computer equipment are evidence of the reality of the operations carried out under this Agreement;
(ii) that such data shall be the primary form of evidence admitted between the parties, including for the purpose of calculating amounts owed to Linklight.
Obligations of the user
Without prejudice to the other obligations set forth herein, the User agrees to comply with the following obligations.
1. The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
2. The User acknowledges that he/she has read on the Site the characteristics and constraints, particularly technical, of all the Services. He is solely responsible for his use of the Services.
3. The User agrees to make strictly personal use of the Services. Consequently, he/she shall not assign, grant or transfer all or part of his/her rights or obligations hereunder to a third party, in any manner whatsoever.
4. User agrees to provide Linklight with all information necessary for the proper performance of the Services. User agrees to cooperate actively with Linklight in the performance of the Services.
5. Where Data is stored on the servers of a third party provider, such as Salesforce, Hubspot and Pipedrive, User expressly authorizes Linklight to access User's Data, and if applicable User's account on the provider's site, and to perform any operations on the Data necessary to implement the Services, such as adding, modifying, deleting or merging the Data. The User agrees to take all necessary steps and to provide Linklight with any information necessary to do so.
6. The User acknowledges that the Services offer an additional, non-alternative solution for processing, correcting and updating his or her Data and that this solution is not a substitute for other means that the User may have at his or her disposal to achieve the same objective.
7. The User is informed and accepts that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.
User's guarantee
User shall indemnify Linklight against any and all claims, complaints, actions and/or demands that Linklight may suffer as a result of User's breach of any of its obligations or warranties under these terms and conditions.
It agrees to indemnify Linklight for any damages it may suffer and to pay all costs, charges and/or judgments it may incur as a result.
Prohibited behaviors
1. It is strictly prohibited to use the Services for the following purposes:- engaging in illegal, fraudulent, or infringing activities against the rights or safety of others,- infringement of public order or violation of the laws and regulations in force,- intrusion into a third party's computer system or any activity of a nature to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security,- sending unsolicited emails and/or commercial prospecting or solicitation,- manipulations intended to improve the referencing of a third party site,- aiding or abetting, in any form or manner, one or more of the acts and activities described above,- and more generally any practice diverting the Services to purposes other than those for which they were designed.
2. It is strictly forbidden for Users to copy and/or divert for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the Site.
3. Also strictly prohibited are: (i) any conduct that interrupts, suspends, slows down or prevents the continuity of the Services, (ii) any intrusions or attempted intrusions into Linklight's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions that impose a disproportionate burden on the infrastructure of the Site, (v) any breach of security and authentication measures, (vi) any act which may adversely affect the financial, commercial or moral rights and interests of Linklight or users of the Site, and generally (vii) any breach of these terms and conditions.
4. It is strictly forbidden to monetize, sell or license all or part of the access to the Services or the Site, as well as the information hosted and/or shared therein.
Penalties for non-compliance
In the event of a breach of any of the provisions of these terms and conditions or, more generally, a breach of applicable laws and regulations by a User, Linklight reserves the right to take any appropriate action and in particular to:
(i) Suspend the access to the Services of the User, author of the breach or infringement, or having participated in it,(ii) remove any content posted on the Site,(iii) post any information on the Site that Linklight deems appropriate,(iv) notify any relevant authority,(v) initiate any legal action.
Linklight's Liability and Warranty
1. Linklight agrees to provide the Services in a diligent and workmanlike manner, with the understanding that Linklight's obligation is one of best efforts, to the exclusion of any obligation of result, which Users expressly acknowledge and agree.
2. As the Services are performed by an algorithm using an automatic process, Linklight cannot guarantee that the update of the Data will be free of errors, in particular in case of homonymy, and Linklight shall not be held liable in this respect. In the event of an error, Linklight will, upon request by the User, correct such error as soon as possible.
3. Linklight undertakes to carry out regular checks to verify the operation and accessibility of the Site. Linklight reserves the right to temporarily interrupt access to the Site for maintenance purposes. Linklight shall not be liable for any temporary difficulties or impossibilities to access the Site due to circumstances beyond its control, force majeure as defined in Article 1218 of the French Civil Code, or due to disruptions of telecommunication networks.
4. Linklight does not warrant to Users that (i) the Services, being subject to constant research to improve performance and progress, will be completely free of errors, defects or deficiencies, (ii) the Services, being standard and not offered solely for the use of a particular User based on his or her own personal constraints, will specifically meet his or her needs and expectations.
5. In any event, Linklight's liability hereunder is expressly limited to proven direct damages suffered by the User.
Linklight Intellectual Property
The systems, software, structures, infrastructures, databases and content of any kind (text, images, visuals, music, logos, trademarks, database, etc.) operated by Linklight within the Site are protected by all intellectual property rights or rights of producers of databases in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Linklight are strictly prohibited and may be subject to legal action.
Personal data
1. Users' personal dataLinklight has a personal data protection policy, the characteristics of which are set out in the document entitled 'Personal Data Protection Policy', which the User is expressly invited to read.
2. Data processed by Linklight in connection with the ServicesLinklight's processing of Data is subject to the 'Data processing agreement' accessible on the Site, which the User must expressly accept by checking a box in the registration form.
Advertising
Linklight reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions to be determined by Linklight.
Links and third party sites
Linklight shall in no event be liable for the technical availability of websites or mobile applications operated by third parties (including any of its partners) which the User may access through the Site.
Linklight is not responsible for the content, advertising, products and/or services available on such third party websites and mobile applications, which are governed by their own terms of use.
Linklight shall not be responsible for any transactions between the User and any advertiser, professional or merchant (including any of its partners) to whom the User is directed through the Site and shall not be a party to any disputes with such third parties regarding the delivery of products and/or services, warranties, representations or other obligations of such third parties.
Changes
1. Linklight reserves the right to change these terms and conditions at any time.
2. The Registered User will be informed of these changes by any useful means at least 1 (one) month before they come into force
The amended terms and conditions will apply upon renewal of this Subscription following their effective date.
3. If he does not accept the modified terms and conditions, he must unsubscribe from the Services in accordance with the terms and conditions set out in the article 'Duration of the Services, Termination'.
4. Any User who uses the Services after the entry into force of the modified terms and conditions is deemed to have accepted these modifications.
Language
In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute over the meaning of a term or provision.
Applicable law and jurisdiction
The present general conditions are governed by French law. In the event of a dispute concerning the validity, interpretation and/or execution of these terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on the matter, except for mandatory procedural rules to the contrary.
Entry in force
These terms and conditions are effective as of January 01, 2022.
