PREAMBLE - glossary
In the context of these General Terms and Conditions of Use, the terms used below have the following meanings:
“General Conditions of Use” or “GCU”: refers to the present rules and conditions of use of the Services by Users, as well as the responsibilities incumbent upon them when using the Service;
“General Terms and Conditions of Sale”: refers to the terms and conditions governing subscription to the Services by Users;
“Customer Content”: means all information and data (including text, images, photos, videos, audio files and documents) or other content on any medium and in any format, provided or made available to DAILYFY by or on your behalf in connection with the use of the Service.
“Account”: refers to the User’s access created in accordance with the conditions set out in these General Terms of Use, accessible from the Site and/or the Application and enabling the User to subscribe to and use the Services;
“Data” or “Personal Data”: means content, data, information and confidential information relating to your identity and your business, some of which may not be publicly available, including, but not limited to, technical and commercial information about your business or your parent companies, subsidiaries, systems, processes, software and services, as applicable.
“Formula”: refers to one of the subscription packages via which you can use the Service, as described in more detail on the Site on the Terms and Conditions page.
“Confidential Information” means all information provided by you or us (the “Disclosing Party”) to the other party (the “Receiving Party”), whether oral or written, which information is designated as confidential. Provided that, for all purposes, Confidential Information shall not be deemed to include information which is: (a) known to the public at the time of disclosure or subsequently made known to the public through no fault of the Receiving Party; (b) discovered or created by the Receiving Party prior to disclosure by the Disclosing Party; (c) made known to the Receiving Party by legitimate means, other than by the Disclosing Party or its representatives; or (d) disclosed by the Receiving Party with the prior consent of the Disclosing Party.
“Mentions”: means information, including links, publications and excerpts, that has been made available to the public and obtained by DAILYFY on your behalf from the associated Platforms, as well as data derived from such items, including reports, summaries, graphs and tables.
“Identifiers”: refers to the e-mail address used to log in, the user name specified by the User when registering and the confidential access code, also specified by the User when registering, enabling him/her to access his/her account;
“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
“User”: refers to any natural or legal person who has a DAILYFY Account, who accesses and uses the Services in accordance with the rules in force, as published on the Site/Application on the pages Privacy Policy, General Conditions of Use and General Conditions of Sale.
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 SEBILLE, 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
ARTICLE 2 - Purpose of the GCU
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 purpose of the General Terms of Use is to define the terms and conditions under which Users access and use the Services.
ImportantAccess to and use of the Services provided by DAILYFY are subject to the present Terms and Conditions and imply the express, prior and full acceptance of the same by users, as well as of DAILYFY’s privacy policy.
ARTICLE 3 - Application, modification and termination of the GCU
The Terms of Use constitute the entire agreement between Users and DAILYFY with respect to the use of the Services and the Site and/or the Application in general. The GCU govern all use of the Services by Users, subject to the application of additional or specific conditions of use to certain Services for which Users must give their express agreement.
These GCU are valid and applicable as long as the User benefits from his subscription.
The Publisher reserves the right to modify the GCU 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.
In general, if one or more provisions of the General Terms and Conditions of Use are held to be invalid in application of a law, regulation or following a final decision by a competent court, the other provisions will retain all their force and scope and will remain valid and applicable. The same principles shall apply in the event of incomplete provisions.
In any event, the version of the GCU that prevails is that which is accessible online at the date of use of the Site, the Application and/or the Services. Any use of the Site, the Application and/or the Services by Users subsequent to the publication of the modified GCU implies their acceptance of the new GCU.
The GTU are regularly updated. Users will be informed of any changes to the T&Cs.
Should Users disagree with the modified GCU, they must cease to access the Site and/or the Application and cease to use the Services. Otherwise, use of the Site, the Application and/or the Services by Users subsequent to publication of the new GCU implies their express and unreserved acceptance by Users.
Finally, we reserve the right to terminate the GCU binding DAILYFY to Users, at any time and without notice in the sole case where DAILYFY is required to do so by law or regulation. This termination will lead to the deactivation of the User’s Account by DAILYFY and will have the same consequences as the termination of his Account at the User’s initiative (see below “Account deactivation and Subscription termination”).
ARTICLE 4 - Site access
Site access https://www.dailyfy.co/ and https://www.app.dailyfy.co/You agree not to use these sites or any information or data contained therein for any commercial, political or advertising purposes. You undertake not to use these sites or the information or data contained therein for commercial, political or advertising purposes, or for any form of commercial solicitation, including the sending of unsolicited e-mail.
The Publisher reserves the right to temporarily block all access to the Site and/or the Application and/or the Services by Users who have breached these GCU and who have not complied with the prerequisites defined in article 6 of these GCU.
ARTICLE 5 - Purpose of DAILYFY services
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.
ARTICLE 6 - Conditions precedent to the use of services
Use of the Services requires that users :
- Have access to the Site and/or the Application;
- Create a User account as described in article 7 of these GCU.
Users 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;
- 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 for the use of the Services by persons who do not meet the above conditions.
ARTICLE 7 - Terms of use of services
User account
To use and benefit from the Service, Users must create an Account by completing a registration form, providing us with all required information, checking the box “I accept the Terms of Use and Privacy Policy” and clicking on the “Get Started” button.
Login and confidentiality
Users are then invited to enter an e-mail address as an identifier and to configure 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. DAILYFY encourages Users to use “strong” passwords, combining numbers, letters and symbols as well as upper and lower case letters.
The User is fully responsible for preserving the confidentiality of his/her login and password. In this respect, the User must ensure, at the end of each session, that he/she has effectively disconnected from the Site and/or the Application, particularly when accessing the Site from a public computer.
If Users lose their login details, they can request a new access code via their account by clicking on the “forgotten password” link.
Transmission and updating of Personal Information
Users 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. Users therefore undertake to update the information provided immediately in the event of any change.
Consequently, they undertake not to create a false identity likely to mislead DAILYFY or third parties and not to usurp the identity of another legal or physical person.
The Publisher has no control over the accuracy or reliability of the 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 immediately inform DAILYFY at the following address: hello@dailyfy.co
Should a User 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 User’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.
Case of a legal entity User account
If the Site/Service is used by a natural person on behalf of a legal entity, the User must indicate the name of the legal entity when subscribing to a Formula.
The rules and conditions mentioned in the previous paragraph apply in their entirety to the creation of a User account in the name of a legal entity. Thus, in accordance with the previous paragraph, in the event of modification of the information transmitted, this information must be modified immediately in the Account area, and the Publisher cannot be held responsible for any inaccuracy.
Where a User uses the Service for and on behalf of a legal entity, he must be and will be presumed to have been, empowered by and/or duly authorized for and on behalf of the legal entity he represents, it being understood that he and this legal entity will be jointly and severally bound by these GCU. In the event that the natural person User ceases to act as a representative of the legal entity, he/she will be required to inform DAILYFY, it being understood that the legal entity will remain bound by the subscription contract that it has previously subscribed to and that it must inform DAILYFY of the new authorized representative. As long as the name of the new authorized representative has not been notified to DAILYFY, the natural and legal persons will remain liable as indicated above. DAILYFY shall not be liable if a person without the necessary authority / a person not duly authorized concludes a service contract for and on behalf of a legal entity.
All of these GCU apply unreservedly to parent companies, daughter companies (subsidiaries) and other legal entities owned by a parent company. They have the same rights and obligations and are bound by the same responsibilities.
Connection via DAILYFY
We reserve the right, on our own behalf or on behalf of our subcontractors or employees, to access User Accounts and the information provided, but only for the purposes of support, maintenance and servicing, or for security, technical or billing purposes. In addition, by sending us a request for assistance, the User making the request is presumed to have given his or her prior consent for us to access his or her Account for the sole purpose of responding to his or her request and/or resolving the problem he or she is facing.
Subscription
The extent of the Service(s) to which Users may have access may depend on the corresponding Subscription Formula.
We offer different subscription packages for the Service. The User chooses the applicable Subscription Plan when creating his Account, and may modify it at any time in his Account area.
To find out more about our packages, please visit our prices page: https://www.dailyfy.co/fr/tarifs/ . All prices published on our Site do not include VAT or any other taxes that may be applicable in the User’s country.
The User may switch to a higher or lower subscription level at any time during the subscription period, in which case we will apply the sums due on a pro rata basis.
We reserve the right to modify the Subscription Formulas and/or the subscription period at any time, or to introduce new fees and/or new subscription levels or new charges. We will send a thirty (30) calendar days’ written notice during which Users will have the right to terminate their subscription or modify their current Subscription Formula, should they not consent to such modifications.
Similarly, we reserve the right to update our Services at any time and that such updates may change the configuration and/or functionality of the Service (including by adding, modifying or removing features, functionality or content). The Publisher will provide, implement, configure, install, support and maintain at its expense all updates, upgrades, optimizations, enhancements, releases, fixes, bug fixes, patches and modifications to the Service (collectively, the “Updates”). Users will be notified of any such Updates and will have the option of increasing or decreasing their subscription, or terminating it, if the Publisher’s new features do not meet their needs.
Furthermore, the User understands that the Service interacts with several associated Platforms and that the Service provided depends significantly on the availability of such associated Platforms. If at any time one of the associated Platforms ceases to make some or all of its functionality available to DAILYFY (in what would constitute an “API change”), DAILYFY may cease to provide you with such functionality, without entitling you to any refund, credit or other compensation.
Use of Services
Users acknowledge and agree that the results provided by DAILYFY through the features depend on the information provided by social platforms such as Instagram, Facebook, LinkedIn, Twitter, Pinterest, TikTok, YouTube, Google, Threads and other platforms mentioned on the Site.
It is therefore expressly understood that as Dailyfy has no control over the accuracy or reliability of the information provided by these social networks, it provides no guarantee as to the accuracy of the results and/or statistics obtained by Users when using the Services.
Consequently, DAILYFY cannot be held responsible for any erroneous, incomplete and/or inaccurate results and/or statistics obtained from erroneous, incomplete and/or inaccurate information provided by the above-mentioned social networks.
Furthermore, DAILYFY cannot be held liable in the event of the unavailability of results and/or statistics due to the unavailability and/or inaccessibility of data collected on these social networks and/or the impossibility of using one of the functionalities due to the unavailability and/or inaccessibility of data provided by them.
Finally, it is expressly understood that DAILYFY cannot take the place of Users with regard to the management of their Instagram, Facebook, LinkedIn, Twitter, Pinterest, TikTok, YouTube, Google, Threads and other media accounts/pages and content mentioned on the Site.
ARTICLE 8 - Availability of services
The Services are accessible via the Website and/or the Application twenty-four (24) hours a day, seven (7) days a week.
The Services are accessible for the duration of the User’s subscription, until such time as the User decides to terminate his or her subscription in accordance with the terms and conditions set out in article 9 of these GCU and in the General Terms and Conditions of Sale and Subscription.However, due to the nature of the Internet, DAILYFY does not guarantee operation or access to the Services twenty-four (24) hours a day, seven (7) days a week.
In addition, for the proper management of the site, the publisher may at any time :
- Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet users;
- Delete any information that could disrupt operations or contravene national or international laws;
- Suspend the site for updates.
ARTICLE 9 - Account deactivation and subscription termination
A User’s account is active as long as he/she is registered on the Site and/or the Application and allows the payment of a subscription OR a trial period to DAILYFY’s Services.
As soon as a User ceases to pay their subscription, access to the Services is deactivated. The Customer may continue to access his/her Account but will no longer have access to the Services, unless he/she takes out and pays for a new subscription to the Services.
Users may cancel their subscription and delete their Account at any time and without reason. To do so, the User must send an e-mail to the following address hello@dailyfy.co . When exercising this right, Users must provide all the information required for identification: first and last name, company name, e-mail address, login. In addition, in accordance with current regulations, the request must be signed and accompanied by a copy of an identity document bearing their signature. Lastly, the request must indicate the address at which the Publisher may contact the applicant.
Users have fifteen a period of fifteen (15) days to cancel any deletion of Account. Once this period has elapsed, the cancellation of the subscription and/or the deletion of an Account is definitive, as the Account is irreversibly deleted and the related personal data are automatically deleted and cannot be recovered.
Unless DAILYFY is informed at least three (3) working days prior to the at the end of the current subscription period (or any subsequent renewal period) that the User does not wish to renew his subscription, his subscription will be automatically renewed for the same duration at the end of the subscription period (the “Renewal Period”). This applies to all subscription formulas involving payment and concerns both monthly and annual renewals.
Cancellation of the subscription and deletion of an account does not prevent users from re-registering and creating another account.
In the event of non-compliance with the obligations resulting from acceptance of the GCU, provision of erroneous information when creating the Account or action likely to harm the interests of DAILYFY, DAILYFY reserves the right to suspend access to the Services without notice or, depending on the seriousness of the action, to delete the User’s Account without any damages being claimed.
ARTICLE 10 - Commitment and responsibility of Users
In general, Users undertake to comply with the present General Terms of Use and with all applicable laws and regulations. Users are responsible for their use of the Services in general, and for the consequences thereof.
Commitment
When using the Services, Users agree to abide by all the terms of these GCU, and also and not exhaustively to :
- Provide accurate, complete and truthful information and systematically update it in the event of changes;
- Please note the following conditions for using the Services;
- Respect the general conditions of use of the Services provided by DAILYFY ;
- Respect the image and reputation of DAILYFY and its Publisher;
- Do not modify or alter the Services, in whole or in part;
- Not to restrict the use of the Services by any means whatsoever and not to falsify any mention or element of the Services;
- Not to propagate or attempt to propagate computer viruses or other harmful elements through the Services;
- Not to integrate into a computer system, not to alter the content or commit one of the offences provided for in articles 323-1 and 323-7 of the French Penal Code (“hacking”), not to send unsolicited messages via the Services, which is punishable by article 226-18 of the French Penal Code;
- Do not delete content from the Services or their database, in particular by using automated programs;
- Do not send their personal password to a third party not authorized by them;
- Not to use the Services for purposes contrary to the rules in force or infringe the rights of third parties (including intellectual property and privacy);
- Not to attempt and refrain from bypassing, disabling or otherwise interfering with any security-related function of the Services, or preventing or restricting the use or copying of Content or imposing restrictions on the use of the Services or Content accessible from the Services;
- Not to distribute, in whole or in part, the Services, including the Content, in any other medium, without the prior written consent of DAILYFY ;
- Do no harm to DAILYFY in general.
Presumption of risk
Furthermore, Users use the Internet solely at their own risk and subject to all applicable local, state, national and international laws and regulations. Although DAILYFY endeavors to create a safe and reliable Site and Service, the Editor is not responsible for the security of information beyond its control. DAILYFY declines all responsibility for interruptions or omissions affecting the Internet, the network or hosting services. Users assume the sole and entire risk arising from the use of the Site and the Service.
Users hereby declare that they are aware that, as a consequence of the global nature of the Internet and the World Wide Web, the Site and/or the Service are available online and may generally be accessed at any time, anywhere in the world. Access to the Site and/or Service by specific persons may not be legal in certain jurisdictions. Users access and use the Site and/or Service at their own risk and will comply with the laws of their jurisdiction and any other jurisdiction in which they use the Site and/or Service. They agree to comply with all local rules regarding online behavior and acceptable content generated.
Liability
The User is solely responsible for his or her decision to use the Services and their suitability for his or her needs, as well as for the security of his or her computer system and the backup of his or her data.
Users are solely responsible for their relationships with third parties in connection with the Use of the Services. Users are solely responsible for content uploaded, displayed, promoted via the creation of publications and links, or otherwise made accessible to the general public via the Service, it being understood that they agree that DAILYFY acts solely as a passive channel for the online distribution and publication of content of which Users are presumed owners. Notwithstanding this, DAILYFY reserves the right to remove any loaded content deemed to violate these TOS, the rights of third parties and the rules in force on social networks, at its sole discretion.
For reference, the terms of use of our current associated Platforms are as follows:
- Facebook and Instagram: https://www.facebook.com/help/instagram/581066165581870
- Google : https://policies.google.com/terms?hl=fr
- LinkedIn : https://fr.linkedin.com/legal/user-agreement
- Pinterest: https://policy.pinterest.com/fr/terms-of-service
- TikTok: https://www.tiktok.com/legal/page/eea/terms-of-service/fr
- Twitter : https://twitter.com/tos?lang=fr
- Youtube : https://www.youtube.com/static?template=terms&hl=fr&gl=FR
For reference, the general conditions of use of our current associated tools are as follows:
- Adobe Express: https://www.adobe.com/fr/legal/terms.html
- Bitly: https://bitly.com/pages/terms-of-service
- Canva : https://www.canva.com/fr_fr/conditions-generales-utilisation/terms-of-use/
- Giphy: https://support.giphy.com/hc/en-us/articles/360020027752-GIPHY-User-Terms-of-Service
- Unsplash: https://unsplash.com/fr/conditions
In addition, they are personally responsible for the use of the Services and for the information provided when creating their account and using the Services.
The User guarantees DAILYFY against any damage suffered by DAILYFY and against any action for damages which may be brought against it on the basis of a breach of these GCU and/or any right of a third party. In the event of fraud, DAILYFY is authorized to disclose the necessary information to the competent bodies responsible for the prevention of the said frauds and offences.
The Publisher reserves the right to delete a User’s Account and/or deny access to the Services without prior notice and without prejudice to any other rights and actions it may be entitled to claim in the event that a User uses the Services inappropriately.
ARTICLE 11 - Proper use policy
Fair Use Policy
Our fair use policy aims to ensure a positive experience for all users and to comply with the standards of social media platforms. As an administrator, you are required to follow these guidelines:Publication Rules
1. **Unique content**: Avoid repetitive publication of identical content to prevent classification as spam. 2. **Appropriate Content Publications must not contain: – Explicit sexual content – Illegal content, including but not limited to: – Racist or xenophobic content – Apology for terrorism – Incitement to hatred – Offense to human dignity – Defamation or slander – Content contrary to public order or safety – Promotions that do not comply with advertising regulations (e.g. gambling, alcohol)Monitoring and Compliance
– A basic activity threshold of 600 messages per brand per month has been established. – In the event of overruns, a manual check will be carried out to ensure compliance with the policy.Consequences of non-compliance
– If compliance is confirmed, a personalized activity threshold will be set for the following months. – In the event of non-compliance, we reserve the right to suspend publications for the current month, without increasing the activity threshold.Verification period
During the manual control period, publications will be temporarily suspended. We thank you for your understanding and cooperation in maintaining a healthy and respectful publishing environment.It guides you in adopting the best practices specific to each social media platform, while promoting a healthy and respectful digital ecosystem.
Thank you for your commitment and positive contribution to our online community. Together, let's create a digital space where everyone can flourish and communicate responsibly!
ARTICLE 12 - Commitment and liability of DAILYFY
Warranties
DAILYFY warrants and represents to you that:
- The Service is provided in accordance with applicable laws;
- The intellectual property rights in any material provided by DAILYFY as part of the Service do not, to the best of DAILYFY’s knowledge, infringe the intellectual property rights of any Third Party when used in accordance with this Agreement;
- DAILYFY will use User Data only in accordance with this Agreement, including its annexes.
DAILYFY represents and warrants to its Users that it has all the rights and authorizations necessary to enter into the Main Agreement and any amendment concerning the performance of the Service.
Users understand and accept that the Services are provided “as is”. In addition, DAILYFY cannot guarantee the consequences of the use of Services and/or Services rendered by third parties (in particular software integrated by API) whose contact details have been obtained by Users.
In particular, DAILYFY does not guarantee:
- that services correspond to users’ needs;
- that the services will operate without interruption, safely or without malfunction;
- the quality of any service, including the fact that the results obtained via the services will meet users’ expectations;
- that the results of the data collected by the functionalities are complete, exhaustive, true, accurate or reliable.
No information or advice given by ICONOSQUARE to Users in connection with the use of the Services shall be considered as the provision of a warranty.
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.
Hyperlinks
The Site and/or Service may contain links to certain websites or content developed by Third Parties. The Publisher has not analyzed all the sites and their developments to which its Site and/or Service refer and cannot be held responsible for the content referred to. The publication of a link does not imply that DAILYFY approves of such content, it being understood that DAILYFY cannot be held responsible for the links it contains. Users consult any content referred to at their own risk, and DAILYFY reserves the right, at its sole and absolute discretion, to remove links to other documents at any time and for any reason whatsoever.
In addition, the publisher authorizes third parties to set up hypertext links to all or part of the DAILYFY site. Nevertheless, the Editor cannot verify the accuracy of the content published by these third parties to DAILYFY and cannot be held responsible. Any link must be removed by simple request from the Editor.
Advertising
Unless you expressly withdraw your consent to this clause by sending an e-mail to hello@dailyfy.co you understand and agree that DAILYFY may use any trademarks, logos and trade names belonging to you to identify you as a User customer on the DAILYFY Site and/or in connection with the Service provided by DAILYFY, in addition to any other marketing materials.
Liability
DAILYFY shall not be held liable for any damage suffered by Users in connection with the abnormal use of the Services, in particular in the event of breach of the General Terms of Use and/or the provision of false or inaccurate information by Users.
In no event shall DAILYFY, its owners, suppliers or any of their respective owners, directors, employees, co-contractors and/or agents be liable to Users or Third Parties for any direct, indirect, special, exemplary, punitive or other consequential or incidental damages (including, without limitation, any loss of earnings or revenue, any interruption, loss of programs or other information, or any other pecuniary loss) resulting directly or indirectly from: a) the use of or access to the Service by Users, or to any content, products or services distributed on or provided via the Site and/or as part of the Service; b) in the event of a malfunction or interruption of the transmission networks or your computer equipment resulting in a suspension of the Site and/or the Service. DAILYFY thus declines all responsibility in the event of loss of data, intrusions, viruses, disruption of service or other problems beyond its control.
In any event, and without prejudice to the foregoing, the maximum total liability of the Parties under this Agreement, including its annexes, or in respect of the use or exploitation of all or part of the Service, the User’s content or material, in any manner whatsoever, shall not exceed the annual subscription price
Procedure
The Customer User is solely responsible for any direct or indirect, material or immaterial damage caused by himself or one of his employees to DAILYFY or to third parties as a result of his use of the Services. Should the publisher be the subject of amicable or legal proceedings as a result of your use of the site, it may take action against you to obtain compensation for all damages, sums, sentences and costs that may arise from such proceedings.
We are entitled to take legal action against Users in criminal or civil courts in respect of any proven or attempted unauthorized use of the Site and/or the Service. For the protection of Users and Third Parties, we reserve the right to view, monitor and record activity on the Site and/or Service without notice or consent, to the fullest extent permitted by applicable law and solely in accordance with this document. This right extends to our consultation of monitoring activities and information relating to alleged violations. Any information obtained through monitoring, consultation or recording is subject to examination by law enforcement agencies as part of an investigation or prosecution of possible criminal acts committed in connection with the Site and/or Service.
ARTICLE 13 - 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 of article 9 above and/or in the General Terms and Conditions of Sale available on the Site.
Dailyfy is a registered trademark.
ARTICLE 14 - 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 15 - 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.