PREAMBLE - glossary
In these General Terms and Conditions of Sale, the terms used below have the following meanings:
“General Conditions of Use”: refers to the present rules and conditions for the use of the Services by Users, as well as the responsibilities incumbent upon them when using the Service;
“General Terms and Conditions” or “GTC”: refers to the present terms and conditions governing subscription to the Services by Users;
“Customer”: refers to any natural or legal person who has created an Account and subscribed to the Services.
“Account”: refers to the User’s access created under the conditions set out in the General Terms of Use, accessible from the Site and/or the Application and enabling the User to subscribe to and use the Services;
“Formula”: refers to one of the packages via which you can use the Service, as described in more detail on the Site on the Terms and Conditions page.
“Subscription Period”: means the period during which the Service subscribed to will be provided to you by DAILYFY, subject to your adherence to the obligations incumbent upon you according to the present TOU, your compliance with the conditions and your commitment to follow the applicable Privacy Policy available on the Site, as well as your commitment to pay the amount corresponding to the Formula subscribed to and available on the General Terms and Conditions web page on the Site.
“Trial Period”: means free access to the Service provided by DAILYFY for a limited and predetermined time, granted at DAILYFY’s sole discretion. This access may be revoked at any time without notice by DAILYFY.
“Associated Platform(s)” means the social networking site(s) currently supported by the Service, including Twitter, Facebook, LinkedIn, Instagram and the other social networks described on the Site.
“Privacy Policy”: means DAILYFY’s current data privacy policy accessible at all times on the Website. The online version is deemed up to date and applicable without reservation.
“Services”: refers to the services offered by DAILYFY via the Site and/or the Application on the basis of the Formula to which you have subscribed.
“Site”: refers to the website https://www.dailyfy.co and the platform/application https://www.app.dailyfy.co
ARTICLE 1 - Legal information
Site (hereinafter “the Site”, “the Service”):
This document concerns the DAILYFY Website and its Services, accessible from the following URLs: https://www.dailyfy.co/ and https://www.app.dailyfy.co/
Publisher (hereinafter the “Publisher”) :
SASU Click&Digital
Whose head office is located at: 2 Rue de la Croix Beaugeard, 35400 Saint-Malo
Represented by Antoine SEBILLLE, in his capacity as manager
Registered with the RCS of Saint-Malo 880 139 498
SIRET number: 88013949800013
Intracommunity VAT: FR33880139498
Email address: hello@dailyfy.co
Host (hereinafter “the Host”) :
https://www.dailyfy.co/ is hosted in FRANCE 🇫🇷 by LWS, headquartered at 2 Rue Jules Ferry, 88190 Golbey.
ARTICLE 2 - Purpose of Dailyfy's services and applicable GTCs
DAILYFY’s mission is to enable its users to develop their reputation on their social networks, using all the elements that make a successful social media strategy.
The Services offered by DAILYFY enable Users to benefit from a visual editing and scheduling tool for social network publications; to access marketing analysis solutions for their publications; to carry out competitive intelligence and online content curation; in general to manage their Facebook, Instagram, Twitter, LinkedIn, Pinterest, Google, TikTok, YouTube, Threads accounts/pages and other platforms mentioned on the Site; to access, consult and share the data collected from these functionalities.
The purpose of the General Terms and Conditions of Sale is to define the conditions under which Customers contract with DAILYFY and subscribe to Services.
ImportantAccess to and use of the Services provided by DAILYFY are subject to the present General Terms and Conditions of Sale and imply the customer’s express, prior and full acceptance of them at the time of subscription.
ARTICLE 3 - Application and modification of the General Terms and Conditions
The present General Terms and Conditions of Sale constitute a contract between DAILYFY and any individual or legal entity, acting in a professional capacity, registered with the Trade and Companies Register or any equivalent commercial register, who (i) has an account on the Social Network(s) for which he/she accepts the General Terms and Conditions of Use and in particular the interfacing via an API of the information contained on his/her Social Network profile with the Service, and (ii) wishes to use the Service to meet his/her needs. The Service is strictly reserved for professionals. The User declares and guarantees that any use of the Service will be made in his or her own name and on his or her own behalf, or on behalf of the company employing him or her, for the sole purposes of his or her professional activity.
The Publisher reserves the right to modify the GTC at any time, in particular to take into account any legal, jurisprudential, editorial, functional and/or technical evolution of the Site, the Application and/or the Services. Notwithstanding this, in the event of modifications to the current GTC, the sales conditions applicable to the Customer are those in force on the date on which the Customer subscribed to the Service.
In the event that one of the clauses of the General Terms and Conditions should be null and void due to a change in legislation or regulations, or declared as such by a final court decision, this shall in no way affect the validity of and compliance with the other clauses of the General Terms and Conditions.
ARTICLE 4 - Prerequisites for subscribing to services
Available offers
The subscription offers available are those published on the Site and/or the Application. They are valid as long as they are displayed on the Site and/or the Application.
As the Services may evolve, DAILYFY reserves the right to modify the specifications, characteristics and content of the subscription offers, for any reason whatsoever, or to withdraw any of the Services from its subscription offers.
These modifications and/or withdrawals may take place at any time without prior notice, including after the subscription has been taken out by the Customer if the modifications result from the application of any standard, law or regulation and/or in the event of a problem, particularly a technical problem, in relation to the Services. Where applicable, the Customer will be informed by DAILYFY and the subscription may be terminated by the Customer.
Finally, DAILYFY reserves the right to make improvements and correct any errors or omissions relating to the content of the subscription offers.
Underwriter
Subscription to the Services requires that customers :
- Have access to the Site and/or the Application;
- Have the information required to create an account in accordance with the account creation procedures listed in the General Terms of Use.
Customers warrant that they have full legal capacity to use the Services, and in particular that they :
- Legal age ;
- Have legal capacity and full intellectual and cognitive capacity (in particular, not be in a state of dependence and/or under guardianship and/or surveillance, …);
- Have the authority to bind the company they represent, to take out a subscription on its behalf and to use the credit/debit card used to pay for the subscription;
- Have sufficient funds to cover the subscription fee;
- Are not a competitor of DAILYFY and/or do not use the Services to compete with DAILYFY, fraudulently and/or in a way that harms DAILYFY’s interests.
DAILYFY cannot be held responsible in the event of subscription to the Services by persons who do not meet the requirements set out above.
User account
Before subscribing to the Formula of his choice, the Customer must create an Account with DAILYFY. To do this, they must complete a registration form and provide the following information:
- Your name
- Your first name
- Your e-mail address
- Your telephone number
- Your time zone
- Your company name
- Your company name* (if applicable)
- Head office address
- Your business sector
- The desired number of DailySpaces*.
- The number of social profiles to manage*.
Required fields are marked with an asterisk (*).
The Customer then undertakes to comply with the Privacy Policy and the General Terms of Use of the Service.
Customers are then invited to enter an e-mail address as their identifier and to set up a unique and personal confidential access code enabling them to access the Services and/or their Account, and then to enter a user name to designate their account.
The Customer will then receive an email confirming and validating his Account.
Customers are fully responsible for maintaining the confidentiality of their login details. In this respect, they must ensure, at the end of each session, that they have effectively disconnected from the Site and/or Application, particularly when accessing the Site from a public computer.
If customers lose their login details, they can request a new access code via their account by clicking on the “forgotten password” link.
Customers undertake to provide us with complete and accurate information when registering, and to update this information during use of the Service, in accordance with article 6-II of law no. 2004-575 of June 21, 2004 for confidence in the digital economy. Customers therefore undertake to update the information provided immediately in the event of any change.
Should a Customer supply information that is false, inaccurate, erroneous, out-of-date, incomplete, misleading or deceptive, the Publisher may immediately, without notice or compensation, suspend or terminate the Customer’s Account and temporarily or permanently prohibit access to the Site and/or the Application and/or the Services. Furthermore, the Publisher may not be held liable in the event of non-performance and/or partial performance of the subscription in relation to the provision of information of this nature.
The registered customer may decide to terminate his Account at any time in accordance with the terms and conditions set out in article 9 of these GCS.
For more information about the creation of a User account by a customer, please consult the General Terms of Service, available on the Site. For all inquiries, please send your request to the following address hello@dailyfy.co.
ARTICLE 5 - Subscription
The extent of the Service(s) to which Users may have access may depend on the corresponding Subscription Formula.
Subscription is granted for an Account corresponding to a DailySpace, it being understood that several DailySpaces may coexist in the same Account and that each DailySpace allows the use of the subscribed Services for a number of profiles predetermined in the chosen Formula and which may be increased according to the Customer’s needs.
Trial period
Prior to any subscription, DAILYFY offers its Customers a trial period per Account so that they can discover the full range of Services.
This offer is free and without obligation. It is valid for a period of seven (7) calendar days from the creation of the Account by the Customer, it being understood that a single Account may only benefit from a single trial period, regardless of the number of Accounts created by the Customer. Any attempt to circumvent this limitation is prohibited.
At the end of the seven (7) day trial period, the Customer will still be able to access his/her Account but will no longer have access to the Services. If the Customer wishes to take advantage of the Services, he/she must choose a subscription package and subscribe under the conditions described below. In this case, the price of the formula selected will apply.
Formulas on offer
Prior to subscription and following the creation of an Account, the Customer must choose between the different subscription formulas offered by DAILYFY on its Site.
Four (4) subscription formulas are available:
- FREE: to manage a small number of social profiles and use only the programming functionality;
- STARTER: for small businesses and the self-employed;
- PROFESSIONAL: for teams who need to manage several profiles;
- BUSINESS: for large teams managing numerous profiles and marketing agencies.
All formulas can be subscribed to on a monthly basis (with no commitment, tacitly renewable and cancellable at any time) or on an annual basis (with a 12-month commitment, entitling you to one month’s free subscription).
| STARTER | PROFESSIONAL |
|
monthly subscription | 14.90/month | 29.90/month |
|
|
|
More details are available on the https://www.dailyfy.co/fr/tarifs/
Additional features
In addition to the packages, DAILYFY offers its customers the possibility of subscribing to additional paid features. These are not available with all basic packages.
- Additional DailySpace” option, to add additional workspaces to the customer’s account, beyond the quantity specified in the package subscribed to by the customer.
- Additional users” option to add individual users to the customer’s account, beyond the quantity specified in the subscription package subscribed to by the customer.
- Additional Profiles” option to add social network profile connections to the customer’s account beyond the quantity provided for in the subscription formula subscribed to by the customer.
OPTION | RATE |
DailySpace | 10.00 / month / additional Dailyspace |
User | 10.00 / month / additional user |
Profile | 5.00 / month / additional profile |
| |
|
Note that some of these options are still under development and may appear in the near future.
The customer is informed that these options are not available during the trial period. The option(s) selected may be subscribed to by the Customer at any time and are non-binding, tacitly renewable and may be terminated at any time.
Associations and NGOs
DAILYFY offers legal entities with the status of association under the French Law of 1901 or Non-Governmental Organizations preferential rates on available offers.
For more information, please contact us at hello@dailyfy.co.
Subscription
The subscription allows the Customer to access the Services until he decides to terminate it under the conditions set out in article 9 of these GCS.
To subscribe, the customer must select the desired subscription package. The subscription details will then be displayed, and the customer will be asked to pay the subscription fee.
ARTICLE 6 - Payment and billing
Terms of payment
Credit/debit card
Payments by credit card are secured by an online payment system that meets current security standards. DAYLIFY does not collect or hold any banking data concerning you. These are managed by our online payment service provider Paddle. Only credit cards bearing the CB, VISA, AMERICAN EXPRESS, MASTERCARD are accepted.
For your reference, please consult the Paddle Security Policy here.
Bank transfer
We accept bank transfers. If you wish to pay by bank transfer, please send your request to hello@dailyfy.co.
Paypal
Payments by Paypal are accepted via its API. Bank details entered are neither collected nor processed by DAILYFY. This payment method cannot be combined with any other payment method.
Administrative mandate
We accept payment by money order. If you wish to pay by this method, please send your request to hello@dailyfy.co.
DAILYFY cannot be held responsible in the event of fraudulent use of the means of payment used.
Billing
Subscriptions are payable immediately upon subscription to the Service.
In the event of tacit renewal of the subscription, under the conditions set out in article 7 of these GTS, the customer is invoiced :
- Every month on the anniversary date of the subscription in the case of a monthly subscription;
- Once a year on the anniversary date of the subscription in the case of an annual subscription.
For payments by debit or credit card, the Customer will be debited automatically each month for the predefined amount, until he cancels the subscription and/or options under the conditions set out in article 9 of these GTC.
For PayPal payments, the Customer must use PayPal’s “Subscriptions and Recurring Payments” function to indicate the billing cycle (i.e. monthly or annually) and the price charged. Payment is made monthly or annually on the date indicated by the customer.
For payments by bank transfer, the Customer must issue a transfer order from his bank to DAILYFY using the information provided on the Site and/or Application when selecting the payment method. The transfer must be accompanied by the order references of the subscription offer. Any transfer charges will be borne by the Customer.
For payment by postal order,
In addition, if a no-commitment package expires, the customer must renew his or her payment if he or she wishes to continue using the Service.
Invoices are issued in the Customer’s name, and the first invoice is sent by e-mail to the Customer at the e-mail address entered when the Account was created. Subsequent invoices can be downloaded from the Site.
No payment / late payment
In case of rejection by the bank of a transaction by card or refusal of another method of payment, it is the Customer’s responsibility to contact DAILYFY’s customer service as soon as possible to pay for the subscription and/or options by another method of payment.
Notwithstanding this, failure to pay within seven within seven (7) days will result in the subscription and the loss of data.
Any delay in payment will result in the application of a late payment penalty equal to ten percent (10%) of the amount of the corresponding invoicewithout the need for a reminder. A fixed indemnity of forty (40) euros for collection expenses will also be due.
ARTICLE 7 - Effective date
Access to the Services becomes effective upon confirmation by the Customer’s bank that payment for the package, and options where applicable, has been taken into account and made, and after the end of the trial period if a trial period has been subscribed.
For customers who have chosen this option, the subscription is concluded for a fixed period of 12 months and will be tacitly renewed for successive fixed periods (monthly or annual), unless terminated by the customer under the conditions set out in article 9 of these GTS.
For customers who have opted for the non-binding formulas, these will be tacitly renewed and may be cancelled at any time.
ARTICLE 8 - Subscription modification
Package change
Subscription customers can upgrade or downgrade their subscription at any time. Please note that all subscribed months are due.
Upgrade
The modification of the subscription formula will be effective as of confirmation by the Customer’s bank that the payment has been taken into account and made. The anniversary date of the subscription will then be the date on which the modernized subscription was taken out.
Decommissioning
If the Customer wishes to take out a lower-level subscription, this can only be done at the end of the current period of the higher-level subscription. Where applicable, Customers are informed that they will not benefit from any discount in the event of downgrading. Modifications to the subscription formula will take effect on the anniversary date of the initial subscription.
Pricing evolution
DAILYFY reserves the right to modify the rates displayed on the Site and/or the Application at any time and without notice in order to put an end to an exceptional promotional offer (such as, without being exhaustive, sales, Black Friday, …), to make the formulas evolve proportionally to the cost of the new functionalities brought, to cover an increase in its fixed and/or variable charges.
In any case, the changes will not apply to customers with an annual commitment, even on the anniversary date of their contract and therefore the start of the (new) renewal period. On the other hand, customers who have subscribed to a monthly plan with no commitment will not be able to assert their right to the application of the tariff before the modification, and will have to pay the new amount for the chosen Services.
ARTICLE 9 - Suspension and termination of subscription
For non-binding formulas and the subscription to additional options, the Customer may submit a cancellation request at any time using the Website and/or by email to the following address hello@dailyfy.co. However, the Customer acknowledges and accepts that any month subscribed to is due and that no refund will be made for cancellation during the month.
For subscription formulas with commitment, the Customer may submit a cancellation request using the Website and/or by email to the following address hello@dailyfy.co. This cancellation request must be made at least forty-eight (48) hours before the anniversary date of the subscription.
In addition, if necessary, DAILYFY reserves the right to suspend or terminate a Customer’s subscription and/or options in the event of :
- Non-payment within seven (7) days;
- Non-compliance with DAILYFY’s Privacy Policy and/or General Terms and Conditions of Use and/or General Terms and Conditions of Sale;
without DAILYFY being held liable and/or the Customer being able to claim any compensation whatsoever. Where applicable, the Customer will be notified of the situation and payments due up to the anniversary date of the subscription and/or options will be payable immediately by DAILYFY.
ARTICLE 10 - Refunds
DAILYFY and the Customer acting under the GTCs as professionals, the Customer acknowledges and accepts that it has no right of withdrawal.
However, DAILYFY reserves the right to exceptionally grant refunds to its Customers, if the Customer requests in writing to DAILYFY’s customer service to cancel his subscription at the following address:hello@dailyfy.co and if the request is issued and received by DAILYFY:
- within seven (7) days of the subscription date for a monthly subscription ;
- within thirty (30) days of the subscription date for an annual subscription.
Requests for cancellation upon renewal of the subscription are also accepted if they are issued and received by DAILYFY under the same conditions as those set out above, namely:
- within seven (7) days following the anniversary date of the subscription renewal for a monthly subscription;
- within thirty (30) days of the anniversary date of the subscription renewal for an annual subscription ;
Cancellation requests that meet the above conditions will result in a full refund of the customer’s subscription.
If the above conditions are not met, cancellation requests will be considered by DAILYFY but no refund will be made to the Customer.
ARTICLE 11 - Commercial reference
Unless you expressly withdraw your consent to this clause by sending an e-mail to the address hello@dailyfy.co you understand and agree that DAILYFY to use any trademarks, logos and trade names belonging to you in order to identify you as a customer. User on the DAILYFY as a commercial reference for the duration of the Customer’s subscription and for two (2) years following deactivation of the Customer’s deactivation.
Article 12 - Proof
Files, data and messages recorded in DAILYFY’s information systems will be accepted as proof of actions and events between DAILYFY and Customers.
In the absence of proof to the contrary, files will be presumed to have been kept under reasonable security conditions if messages, data and other documents are systematically saved on a reliable and durable medium.
ARTICLE 13 - Personal data
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, as amended, and Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Users are informed that DAILYFY implements automated processing of their personal data for the purpose of using the Services and processing and managing the commercial relationship and the sale of the subscription to the Services.
DAILYFY undertakes to store your data securely for the duration of your subscription and in accordance with the duration of your Subscription Formula. All data exceeding the duration fixed by law and which is not the object of an exceptionally longer conservation accepted by the User within the framework of the subscription, will be systematically and definitively deleted from our systems.
You expressly understand and agree that DAILYFY does not provide any archiving or backup services and may delete Data that is no longer used and has expired, as provided in the applicable Subscription Formula. DAILYFY expressly disclaims any responsibility for the archiving, storage and backup of Data.
Each User has the right to access, modify, rectify, limit, port and delete his or her data, as well as the right to object. To this end, please contact the Help Desk by e-mail at the following address hello@DAILYFY.co
For more information on the rules governing personal data, please consult DAILYFY’s Privacy Policy available on the Site.
ARTICLE 14 - Intellectual property
Certain elements (notably editorial, illustrations, studies and videos) present on the Site and/or the Application and/or the Services are protected by intellectual property law, notably copyright, and are the exclusive property of DAILYFY.
Similarly, the trademarks, logos, graphics and animations on the Site and/or the Application and/or the Services are the exclusive intellectual property of DAILYFY.
It is agreed that the general conditions of use do not imply any transfer of DAILYFY’s intellectual property rights.
In the event that DAILYFY uses visual and sound elements (photographs, illustrations, videos, sound extracts, etc.) which are not its property, DAILYFY undertakes to have access to them via free media banks and not to affix its logo, its name or any other distinctive sign which could lead to confusion about the alleged property of DAILYFY.
The Intellectual Property is made available to Users, free of charge, solely for the use of the Site, the Application and the Services and within the framework of the normal use of their functionalities.
This authorization to use the Intellectual Property is given on a personal, non-exclusive and non-transferable basis. DAILYFY may revoke its authorization 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 as provided by law), selling, assigning, sublicensing or otherwise transferring rights relating to Intellectual Property. The user undertakes not to modify the Intellectual Property in any way whatsoever.
Users are prohibited from exporting, extracting or scraping content developed by DAILYFY on their application for use outside DAILYFY services, using other tools or similar products.
In the event of non-compliant or abusive use of Intellectual Property, the Publisher reserves the right to take any legal action to stop the infringement of its intellectual property rights and to terminate the subscription and/or deactivate the Users’ Accounts under the conditions set out in these GTC and/or in the General Terms and Conditions of Sale available on the Site.
ARTICLE 15 - Applicable law
Les presents Terms and Conditions are governed by French law and subject to the jurisdiction of the courts of the registered office of thePublishersubject to any specific attribution of jurisdiction arising from a particular legal or regulatory text.
ARTICLE 16 - Contact
If you have any questions or require information about the Services presented on the Site, or about the Site itself, please contact us at the following address: hello@Dailyfy.co.