Terms of Use

1) Preamble and scope of applications

The present Terms of Use define the conditions that enable the User to access and use the Leadjet services.

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2) Definitions

This Leadjet Subscription Terms of Service ("Agreement") is entered into by and between the Leadjet entity set forth below ("Leadjet") and the entity or person placing an order for or accessing any Services ("User" or "you"). If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to "you" or "User" reference your company.

This Agreement permits the User to purchase subscriptions to online software-as-a-service products and other services from Leadjet pursuant to any Leadjet ordering documents, online registration, order descriptions or order confirmations referencing this Agreement ("Order Form(s)") and sets forth the basic terms and conditions under which those products and services will be delivered. This Agreement will govern User's initial purchase on the Effective Date as well as any future purchases made by User that reference this Agreement.

The "Effective Date" of this Agreement is the date which is the earlier of (a) User's initial access to any Service (as defined below) through any online provisioning, registration or order process or (b) the effective date of the first Order Form referencing this Agreement.

Growster, a French Société par Actions Simplifiée with a share capital of 1000 euros, registered with the Trade and Commerce Register of Romans-sur-Isère under the number 882 838 295, having its registered address at 265 allée des sapins, 26500 Bourg-les-valence, France, represented by Jeremy Giraud duly authorized for the purposed hereof ("Leadjet") and any person registered in its own name or in the name and on behalf of a legal entity (the "Customer") wishing to use the services offered on the Leadjet platform accessible at the address https://www.leadjet.io/

Leadjet and the User are hereinafter referred to individually as a "Party" and collectively as the "Parties".

If the User is a legal entity allowing its employees, delegates, directors and/or subcontractors to access the Platform (these persons are hereinafter indistinctly referred as a "User"). The "Marketer" shall mean the User who wishes to use APIs available on the store to collect data on the Internet.

In such a case, the legal entity undertakes to bring these Terms and Conditions to their attention. It guarantees that these persons will comply with these Terms and Conditions and, in any case, further warranties Leadjet for any breach by these Users of these Terms and Conditions.

These Terms and Conditions define the conditions under which the User can use the Platform.

Any registration on the Platform implies unreserved acceptance of the Terms and Conditions, which the User acknowledges having read and understood.

contact : hello@leadjet.io

Last update : 19th May 2020

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3) Modifications to these Terms of Use

Leadjet may modify this Agreement. Unless otherwise specified by Leadjet, changes become effective for the User upon renewal of the User's current Subscription Term (as defined below) or entry into a new Order Form. Leadjet will use reasonable efforts to notify the User of the changes through communications via the User's account, email or other means. The User may be required to click to accept or otherwise agree to the modified Agreement before renewing a Subscription Term or entering into a new Order Form, and in any event continued use of the Services after the updated version of this Agreement goes into effect will constitute the User's acceptance of such updated version. If Leadjet specifies that changes to the Agreement will take effect prior to the User's next renewal or order (such as for legal compliance or product change reasons) and theUser objects to such changes, the User may terminate the applicable Subscription Term and receive as its sole remedy a refund of any fees the User has pre-paid for use of the applicable Services for the terminated portion of the Subscription Term.

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4) Specific legal clauses regarding the object of Leadjet activities

4.1

• Leadjet is not a LinkedIn product. Like any third-party software or tools, LinkedIn Corporation does not endorse the use of Leadjet nor does LinkedIn Corporation have any association with Leadjet.

4.2

• Leadjet Google Chrome Extension does not collect any personal data of its users from their LinkedIn account.

4.3

• The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk.

4.4

• The User of Leadjet acknowledges that he uses the service within his professional activity, and therefore that he shall not be considered as a consumer under applicable law.

4.5

• In case of an incomplete or erroneous declaration, the User's account may be deactivated, ipso jure, without notice and without further formality. The User acknowledges that Leadjet shall not be held liable for any of the consequences that may arise from such an erroneous or incomplete declaration.

4.6

• The User declares that s/he is able to enter into contractual relationships. Any User being under legal age warranties that s/he received the approval of her/his parents or of the person exercising the parental authority.
• The personal account of each User allows her/him to update her/his personal details.
• The login name and password are personal and should not be disclosed to third parties. All uses of the platform done using the login name and password of the User shall be deemed to have been performed by the said User.

4.7

• As Leadjet asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Leadjet violates your copyright, you are encouraged to notify Leadjet. Leadjet will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Leadjet will terminate a visitor's access to and use of the services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Leadjet or others.

4.8

• Leadjet does not transfer to you any Leadjet or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Leadjet.
• The Leadjet logo, and all other trademarks, service marks, graphics and logos used in connection with Leadjet, or the services are trademarks or registered trademarks of Leadjet or Leadjet licensors. Other trademarks, service marks, graphics and logos used in connection with the services may be the trademarks of other third parties. Your use of the services grants you no right or license to reproduce or otherwise use any Leadjet or third-party trademarks.

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5) Access to the platform

• Users are personally responsible for setting up the IT and telecommunications resources required to access the platform. Leadjet is exercising its reasonable endeavors to ensure that the platform is accessible twenty-four (24) hours a day, seven (7) days a week.
• Leadjet reserves the right, without notice or compensation, to temporarily or permanently close the platform in order to perform maintenance operations.
• Leadjet may make any changes and improvements to the Platform that it deems relevant.

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6) Price conditions

• Some subscriptions (and in particular free subscriptions) are subject to certain usage restrictions (e.g., volume of collected data, export of collected data), which are set out on the subscription page.
• The User takes out a subscription for the period that is defined at the time said subscription is taken out (the "Initial Period"). At the end of the Initial Period, and of each successive subscription period, the subscription will be automatically renewed for the same period of time, except in case of early termination under the conditions set out in these Terms and Conditions.
• The subscription's cost is liable to be given in Euros (€), excluding all applicable taxes (depending on the regime that applies to the User) and is applicable from the date on which the User order is validated.
• Orders can be paid online using a credit card, through Stripe's payment system.

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7) Prohibited activities

You may not access or use the site for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a User of this site, you agree:

• to comply with the terms and conditions of use of the websites you visit through an APIs;
• to have the necessary authorizations to access websites via APIs;
• not to extract a substantial (in terms of quality and/or quantity) part of a database;
• not to access confidential information without permission;
• not to infringe on any third party's rights, including in particular copyright, patent, trademark, trade secret or any other intellectual property or proprietary rights;
• not to violate any law, statute, ordinance or regulation, including, without limitation, the laws and regulations governing the protection of personal data.
• not to build a similar or competitive service
• not to use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other Party's use of the website, including their ability to engage in real time activities through the website.
• not to publish or to transmit, on or using the Platform, content of an illegal, threatening, humiliating, defamatory, obscene, hateful, child pornographic or blasphemous nature, or any other message that could constitute a crime or an offense, that could incur civil liability, breach legislation or incite others to do so, or content that could be used for any purposes that are contrary to law or to these Terms and Conditions;
• not to use the platform in such a way as to, from our point of view, either negatively impact the performance or the functionalities of the Platform, or of any other computer system or network used by Leadjet or by any other third party, or negatively affect Platform Users;
• not to download or transmit into the platform or use any hardware, software or routines containing viruses, Trojan horses, worms, time bombs or other programs and processes designed to damage, interfere with or attempt to interfere with the normal operation of the platform, or to appropriate the platform, or to resort to any means whatsoever to saturate our systems or breach third party rights;

The user is reminded that articles 323-1 and following of the French Penal Code provide for sentences of up to five (5) years in prison and fines of up to 150 000 Euros for the following:

• fraudulently accessing and remaining in an automated data processing system;
• fraudulently deleting, modifying or adding data into that system;
• the fact of obstructing such system.

In any case, Leadjet has, a priori, no control over the robots, the collected data, the operations carried out and/or other content of Users on the Platform because the Users decide on their use.

The Users acknowledge that Leadjet shall in no event be held liable in the event that the Users fail to comply with the provisions of this Article.

Leadjet undertakes to respond promptly to any request related to a use of the platform that is obviously illegal and that would breach the rights of a third party. To this end the user (i) acknowledges and accepts that its use of the platform may be immediately suspended, temporarily or definitively; and (ii) warrants Leadjet for any harm, expense or damage that such a use of the platform could create for it.

Intervention by Leadjet on the platform is strictly limited to: (i) those operations necessary for the provision of developments ordered from Leadjet by a user; (ii) maintenance and/or support required to keep the Platform operational; (iii) deleting obviously illegal content hosted on the platform and of which Leadjet has been made aware.

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8) Cookies

This platform uses cookies so that users do not need to enter their usernames and passwords at each visit and in order to facilitate exchanges.

Leadjet also uses cookies to analyse Internet traffic, giving it a better understanding of the behavior of its users. These tools collect information and generate statistics on platform use without the third party that provides said cookie (e.g., Google) necessarily identifying individual users personally.

Apart from generating statistics on platform use, these traffic analyzing cookies will also, in association with certain types of advertising cookies (used on third party platforms and/or contents when the user accesses them), deliver more relevant Web advertising.

Each User may refuse cookies placed by the platform by configuring her/his browser:

For Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en;

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9) Termination

The User may terminate his/her subscription from their account settings or by sending an email to support@leadjet.io. The termination of the subscription shall be effective upon expiry of the ongoing Subscription period.

Would s/he wish so, the user may request that Leadjet deletes its account.

Leadjet reserves the right to (i) suspend access to the platform or to certain functionalities of the Platform, or to (ii) terminate the account of the user by right, without notice, with no further formalities and no indemnity being due, by electronic mail or by regular mail, in the following cases:

• the User has been using the platform in a way which is contrary to public order and decency;
• the User has breached the intellectual property rights of Leadjet and/or a third party;
• loss, misappropriation, unauthorized or fraudulent use of a username and password by the user;
• conception, use or provision via the platform of any content that is unlawful or in breach of these terms and conditions;
• if an account is terminated the user may no longer use the platform from his/her account, which will be closed.

Leadjet reserves the possibility to interrupt, at any time, temporarily or permanently, access to the Platform. In case of a definitive interruption, the User will be informed by any means that should be deemed appropriate by Leadjet.

Leadjet shall under no circumstances be held liable to the User, a developer or to any third party for the termination and/or suspension of the user's account under the conditions set out in this article.

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10) Miscellaneous

10.1 Notification of unlawful content

In accordance with the provisions of article 6, I, 7° of law n° 2004-575 dated June 21 2004, Leadjet has no general obligation to monitor the information that it hosts on the platform.

If the User should find that content put on line on the platform and/or accessible via a hypertext link breaches applicable statutory or regulatory provisions, and in particular constitutes obviously unlawful content (e.g., infringing of a third party's rights, defamatory), the User can notify Leadjet by sending an email by using the signalling tool made available in the profile pages.

The user must supply Leadjet with all of the necessary information so that Leadjet can identify the content in question and/or point it out to the editor or the administrator of the platform on which the unlawful content is broadcast, such as:

• name, surname, profession, home address, nationality, date and place of birth (for an individual) or company form, name, registered head office and legal representative body (for a company);
• description of the disputed facts and their exact location;
• the reason for which the content must be withdrawn, including reference to the legal and factual basis.

10.2 Modification of these Terms and Conditions

Leadjet reserves the right, at any time, to modify these Terms and Conditions of use and sale as it may deem to be necessary and useful.

If any modification of these terms and conditions arises, Leadjet undertakes to submit the new terms and conditions to the User's acceptance the next time said user connects to the platform.

The user will be able to access them through her/his personal account and on the Platform.

Any user who does not specifically accept the new terms and conditions may terminate his/her account in application of these terms and conditions Article 11.3 stipulations.

10.3 Force Majeure

Neither party shall be held liable if the performance of its obligations should be delayed, restricted or made impossible by virtue of a case of force majeure.

If a case of Force Majeure should occur, the performance of the obligations of each party shall be suspended. If the Force Majeure should last for more than one (1) month this agreement may be terminated at the request of the most diligent of the parties, with neither party being held liable. Each of the parties shall bear their own costs that may be incurred as a result of the Force Majeure.

10.4 Waiver

If one or other party fails to exercise any one of its rights under the terms of this agreement whatsoever, this shall not be deemed to be a waiver of that right, such waiver only to be deemed to have been given when expressly declared by the party in question.

10.5 Convention of Proof

Computerized records shall be kept in the systems of Leadjet under reasonable security conditions and shall be deemed to be proof of exchanges, actions, orders and payments that have arisen on the platform or via email.

10.6 Relationship between the Parties

Unless expressly stated otherwise, the Parties shall remain independent contractors and no provision of these terms and conditions shall be construed as creating between the Parties any partnership, company, nor any relationship of agent or commercial agent.

10.7 Partial Invalidity

If one or more of the provisions of these terms and conditions should be held to be invalid by a competent court, the remaining provisions shall retain their scope and effect.

The provision that has been held to be invalid shall be replaced by another provision, the scope and meaning of which shall be as close as possible to the scope and meaning of the invalidated provision, in compliance with the applicable legislation and the mutual intent of the parties.

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11) Applicable law – Competent jurisdiction

These terms and conditions are governed by French law.

Any dispute related to the conclusion, the interpretation, the enforcement and/or the termination of these terms and conditions is submitted to the exclusive competence of the Paris Courts, notwithstanding plurality of defendants.

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This terms are effective as of 06 June 2020.