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These LaGrowthMachine terms of services (hereinafter referred to as the “Terms of Services“) govern the relationship between B3, a société par actions simplifiée registered with the Trade and Commercial Register of Créteil under number 878 662 758, whose registered office is located at 14 avenue du Général de Gaulle, 94160 Saint-Mandé, France (hereinafter referred to as “LaGrowthMachine”) and any natural or legal entity using the services of B3, (hereinafter referred to as the “Client”).
LaGrowthMachine and the Client are hereinafter referred to collectively as the “Parties” and individually as a “Party“.
The Client expressly accepts both the Terms of Services and the Data Processing Agreement, which acknowledges having read, understood, and accepted without reservation. Otherwise, the Client will not be able to access or use the services.
The terms and expressions which first letter is a Capital One, in these Terms of Services, have the meaning defined in this article, used either as singular or plural:
“Additional Credit” means Credits that the Client may purchase in addition to its Subscription Plan, in order to use paying features of the Software.
“Credit” means virtual credits allocated to the Client enabling the use of the enrichment features of the Services. Actions requiring the consumption of Credit(s) are defined in the Subscription Plans.
“Confidential Information” means any information disclosed (whether in writing, orally, or by any other means, and whether directly or indirectly) by one Party to the other Party before or after the effective date of the Terms of Services and Conditions, including, without limitation, processes, plans, know-how, trade secrets, inventions, techniques, business opportunities, and activities of either Party.
“Content” means any data, text, information, files or other materials uploaded, input, or otherwise provided by the Client into the Software.
“Monthly Credit” means Credit allocated monthly to the Client as part of the Subscription Plan.
“Services” means all functionalities, tools and resources made available by LaGrowthMachine through the Software, intended to facilitate and automate sales prospecting activities, including access to the platform, use of automation features, data processing, support, and any related services provided in connection with the use of the Software.
“Software” means all computer programs, applications, interfaces, scripts, and/or platforms provided by LaGrowthMachine as part of the Services, enabling the automation of sales prospecting tasks, including but not limited to campaign management, automated message sending, collection of publicly available data, or follow-up scheduling, accessible via the Internet in a Software as a Service (SaaS) model.
“Subscription Plan” means one of the different subscription plans as described on LaGrowthMachine’s website. Each Subscription Plan grants (i) a limited number of Monthly Credits; and (ii) access to a fixed number of Users; and (iii) access to specific features as the case may be.
“Technical Support” means any support service that may include live chat assistance and/or remote access/help from a technical consultant, provided in connection with the use of the product
“Trial Period” means a designated period of fourteen (14) days, starting from the date the Client creates their LaGrowthMachine account. During the Trial Period, the Client may use the Services solely for evaluation or testing purposes .
“Users” means an identified natural person authorized by the Client to access the Services in accordance with the provisions of these Terms of Services.
The purpose of the Terms of Services is to define the conditions under which LaGrowthMachine provides the Services to the Client.
The provision of any additional services is excluded from the scope of the Terms of Services and is subject to the conclusion of a dedicated agreement between the Parties.
To access the Services, the Client must create an account, by entering a valid email address and create a password. Then, the Client may access the Services using such credentials or SSO. The Services are reserved to a professional use and any regulations on consumer (e.g., right of withdrawal) are not applicable to the Services.
The Client must provide her/his legal full name and any other information requested in order to complete the signup process. When the Client wants to pursue use of the Services beyond the Trial Period, it must fill-in payment information (i.e., technical address, credit card and other payment information).
A login may only be used by one person – a single login shared by multiple people is not permitted, but the Client may create separate logins for as many people as her/his plan allows.
The Client is solely responsible for the security of the logins and passwords. The Client agrees to promptly notify LaGrowthMachine of any actual or suspected unauthorized access to a login, password and/or the Services via [email protected].
Any action performed via a login assigned to the Client will be deemed to have been performed by the Client, unless the Client has previously reported the relevant login as lost or stolen, allowing LaGrowthMachine a reasonable period of time to deactivate the Services used.
Users are fully responsible for safeguarding the confidentiality of their password. In this regard, User must ensure, at the end of each session, that they have effectively logged out of their account.
In case of loss of their password, Users are able to request a new password through their account by clicking the “forgotten password” link.
LaGrowthMachine does not have control over the accuracy or reliability of 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 inform LaGrowthMachine immediately via [email protected].
LaGrowthMachine grants the Client a personal, non-exclusive, non-transferable, and non-assignable right, for the whole world and for the duration of its Subscription Plan, to use the Services for its own internal needs only under the conditions and within the limits specified in the Terms of Services.
In the event that the Client wishes to increase the number of available Credits, s/he may purchase extra Credits by paying an additional fee. Additional Credit not used during the month will be transferred to the following month.
Each Subscription Plan will be automatically renewed on the expiration date and each anniversary thereafter for a fee no greater than LaGrowthMachine’s then current price, excluding promotional and discount pricing.
LaGrowthMachine allows Users to access, connect or integrate third-party content, services, or tools through the LaGrowthMachine interface, including but not limited to Customer Relationship Management (CRM) systems.
LaGrowthMachine is not under any circumstances liable for any third-party content made available through the Services.
Users remain solely responsible for reviewing and complying with the terms of use and privacy policies of any-third-party services they choose to connect to the Service. All costs associated with these third-party advertising services shall be borne solely by the Client.
LaGrowthMachine is not affiliated with any email provider or social networking site or any other third party sites in any way.
The LaGrowthMachine product was created for convenience of promoting the Client’s product, brand or service via emails & social media networking sites supported by LaGrowthMachine.
The LaGrowthMachine product offers an email & social media planner software, which may be either installed on the Client’s device (computer running Windows or Mac OS) or used a SaaS service, that allows him to schedule emails & social media posts and messages on specified hours throughout the day and permits to post content by email & via social media pages, accounts, and groups that the Client administers or is a member of and has access to post and share content.
The Services shall be automatically deactivated at the end of the Trial Period, and the Client will not be entitled to use the Services unless s/he subscribes to a Subscription Plan.
The Client acknowledges and agrees that the Services are connected with third-party services, platforms and/or software selected and operated by the Client.
While using the Services, the Client:
shall be responsible for her/his usage of the Services and, in particular, shall limit her/his API calls to a reasonable volume. LaGrowthMachine reserves the right, at its sole discretion, to take any necessary action to address any improper use;
undertakes to comply with the rules and guidelines set out by LaGrowthMachine (including those made available at help.lagrowthmachine.com) and made available from time to time to the Client and/or the Users;
undertakes to comply with all rules, terms, conditions and guidelines applicable to such third-party services.
When subscribing as an indirect user (i.e., when the Client subscribes to the Services in its own name but on behalf of her/his own end-clients with the objective of managing and/or reselling the Services to such end-clients, the Client shall remain fully and solely liable for compliance of the end-clients with both the Terms of Service and applicable legislation.
Depending on the Subscription Plan, Users can connect multiple email addresses to each LaGrowthMachine identity.
This option was only created to allow each LaGrowthMachine identity to connect email addresses from the same person. This means combinations of first name and/or last name (there are no restrictions on the domain name).
For example, a LaGrowthMachine identity can connect, on the “Ultimate” Subscription Plan:
[email protected]
[email protected]
[email protected]
[email protected]
Connecting email addresses from multiple people on the same LaGrowthMachine identity is considered a violation of our terms of service.
For example, a LaGrowthMachine identity on the “Ultimate” plan, will be considered in violation of our terms of service if the following emails are connected:
[email protected]
[email protected]
[email protected]
[email protected]
In the case of this violation, LaGrowthMachine reserves the right to disconnect the email addresses linked to an account and to terminate the account if the violation persists.
Throughout the term of the applicable Subscription Plan, the Client shall benefit from updates to the Software developed and released by LaGrowthMachine.
Accordingly, the Client agrees that LaGrowthMachine may, at any time and without prior notice, modify one or more features of the Solution.
Certain technical support features may be offered by LaGrowthMachine for the license term of the LaGrowthMachine Product and may include live chat with a technical support consultant and/or assistance from a technical support via remote access.
If such features are offered and the Client chooses to access such Technical support, it shall be governed by the following conditions:
Technical support is available via support form, chat and e-mail;
Any such technical support shall be provided in LaGrowthMachine’s sole discretion without any guarantee or warranty of any kind;
It is the sole Client’s responsibility to complete a backup of all her/his existing data, software, and programs before receiving any Technical Support;
In the course of providing the Technical Support, LaGrowthMachine may determine that the technical issue is beyond the scope of the Technical Support;
LaGrowthMachine reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.
LaGrowthMachine may, but has no obligation to, remove Content and accounts containing Content that is determined, in its sole discretion, as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property of these Terms of Service.
The Client is prohibited, directly or indirectly, and undertakes to prohibit any person from using the Services, except with the express, prior, and written consent of LaGrowthMachine:
to transfer, use or export the Services in breach of applicable regulations;
to make any use of the Services other than as permitted under the Terms of Services;
To modify, adapt or hack the Software or modify another website so as to falsely imply that it is associated with the Software, LaGrowthMachine or any other LaGrowthMachine service.
To reproduce, duplicate, copy, sell, resell or exploit any portion of the Software without the express written permission by LaGrowthMachine.
In order to access and use the Services after expiry of the Trial Period, the Client will have to pay LaGrowthMachine the fee corresponding to the selected Subscription Plan.
Applicable fees for the use of the Services are displayed in euros (with taxes if applicable).
The Services are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account.
The Subscription Plan defines which actions require the use of Credit(s).
The Monthly Credits are non-rollover, meaning that any unused Monthly Credits at the end of the current month are forfeited and may not be used thereafter.
The Additional Credits are rollover and can be used any time as long as the Client holds a valid account.
Upon expiry or termination of the Subscription Plan, for any reason whatsoever, all unused Credits will be lost, and the Client shall not be entitled to any refund.
LaGrowthMachine may revalue the fees and/or the structure of the Subscription Plans at any time and undertakes in this case to communicate its updated conditions to the Client before the expiry of the current contractual period.
A valid credit card, the sending of a bank transfer, a Stripe account, an or authorization to withdraw is required for paying accounts. The Client must provide current, complete, and accurate information for her/his billing account. The Client must promptly update all information to keep your billing account current, complete and accurate (such as, but not limited to a change in billing address, credit card number or credit card expiration date), and the Client must promptly notify LaGrowthMachine if her/his credit card is cancelled (such as, but not limited to for loss or theft). LaGrowthMachine shall have no obligation to modify and/or reissue any invoice due to any failure of the Client to provide proper and complete information. The Client agrees that upon acceptance of a Subscription Plan, that s/he clearly acknowledges and agrees the nature of the purchase and s/he will not file a fraudulent dispute via Stripe or perform a chargeback.
If the Client fails to provide LaGrowthMachine any of the foregoing information, s/he agrees that LaGrowthMachine may continue charging him for any subscription automatically renewed.
The Subscription Plan is paid in advance, by direct debit, according to the periodicity chosen by the Client upon subscription of the Subscription Plan.
For any upgrade or downgrade in plan level, the Client’s credit card will automatically be charged the new rate on her/his next billing cycle.
The Client as well as any and all Users:
Warrants that s/he has the appropriate skills to use the Services;
Warrants that s/he is the legal owner of the device and has all the legal rights to create her/his account;
accepts and allows any permissions required by the supported third-party services to use the Software.
agrees to maintain the security of all her/his social media accounts and passwords. LaGrowthMachine cannot and will not be liable for any loss or damage from the Client’s failure to comply with the security obligation;
agrees not to import into the Services any data that may damage the Services and/or infringe the rights of any third party;
shall at all times comply with applicable legislation as well as social media terms and conditions they have subscribed to. In this respect, LaGrowthMachine shall not be held responsible for any damages (e.g., banning or suspension from such third-party services) resulting from the Client’s failure to comply with the third-party services’ terms and services or from any activity that occurs after using the Services in connection with such services.
agrees not to use the Services or permit them to be used to transmit inappropriate content, such as content that (i) is unsolicited, (ii) violates any legal, regulatory, self-regulatory, governmental, statutory, or telecommunication network operator’s requirements or codes of practice, (iii) is pornographic, abusive, racist, obscene, offensive, threatening, harassing, defamatory, discriminatory, misleading or inaccurate; (iv) is harmful, including but not limited to hate speech; or (v) encourages violence, discrimination or illegal, unethical or immoral actions. LaGrowthMachine may remove any inappropriate content from the Services and/or suspend the Client’s access to the Services without prior notice and without any liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result;
agrees to report to LaGrowthMachine any malfunction of the Services and/or any Content that may prove unlawful in any manner;
agrees not to use the Services for illegal purposes or in an illegal manner, including in violation of the intellectual property rights of LaGrowthMachine or any third party;
agrees not to import into the Services any data that may adversely impact the Services and/or infringe the rights of any third party;
agrees to have an up-to-date Internet browser, preferably Chrome (considering that this is the recommended browser and that some features may not operate properly on other web browsers), as well as a broadband Internet connection, the costs of which are to be borne by the user;
agrees to make backups of all its data, prior to the first use of the Services and each time s/he deems necessary.
LaGrowthMachine will not be held responsible for any loss of data suffered by the Client. The Client is entirely and solely responsible for the use of the Services by the Users and for the User’s compliance with the terms of the Terms of Services.
The Client acknowledges that the Software, including any patches, workarounds, updates, upgrades, enhancements, and modifications made available to the Client, and all trade secrets, copyrights, patents, trademarks, trade names and other intellectual property rights therein shall at all times remain the sole and exclusive property of LaGrowthMachine and nothing in these General Terms shall be construed as an assignment or transfer of any such rights to Client.
LaGrowthMachine retains all intellectual property rights to the software and reserves the right to use it for any purpose.
Any ideas, know-how or techniques that may have been developed by LaGrowthMachine are the exclusive property of LaGrowthMachine. LaGrowthMachine may, at its sole discretion, develop, use, market and license any items similar to or related to the developments made by LaGrowthMachine for the Client. LaGrowthMachine is under no obligation to disclose any ideas, know-how or techniques that may have been developed by LaGrowthMachine and which LaGrowthMachine considers to be confidential and proprietary.
Confidential Information does not include:
Information that is currently available or that becomes available to the public without either Party breaching the terms of these Terms of Services;
Information legally held by one Party before its disclosure by the other;
Information that does not come either directly or indirectly from the use of all or part of the Confidential Information;
Information validly obtained from a third Party authorized to transfer or disclose such information.
The Client undertakes, in its name and in the name of its employees, agents, sub-contractors and partners, for the duration of these Terms of Services and for a period of five (5) years after the end of these Terms of Services:
not to use the Confidential Information for any purpose other than the performance of its obligations under the terms of these Terms of Services;
to take all precautions that s/he would take with its own valuable confidential information, it being stated that such precautions must not be less than those of a diligent professional;
not to disclose the Confidential Information to anybody whatsoever, by any means whatsoever, except to those of its employees, agents, service providers or sub-contractors for whom such information is necessary with a view to meeting the obligations of each of the Parties.
When the Subscription Plan comes to an end, either because it has reached its term or has been terminated, the Client shall return to LaGrowthMachine, without delay, all Confidential Information, regardless of format, that it has obtained within the scope of these Terms of Services. The Client shall keep any copies in any format whatsoever, without the express prior written agreement of LaGrowthMachine.
LaGrowthMachine will use its best efforts to provide Services in accordance with the General Terms.
LaGrowthMachine does not provide any warranties other than those expressly stated in the Terms of Services. In particular, LaGrowthMachine does not warrant that (i) the Software will meet any specific requirements, (ii) the Software will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Software will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by the Client through the Software will meet her/his expectations, and (v) any errors in the Software will be corrected.
It is expressly agreed between the Parties that LaGrowthMachine shall not be held liable for any loss of profit; loss of revenue or earnings; loss of customers; loss of opportunity; damage to reputation or image; costs incurred in obtaining a replacement product, software, service, or technology; or any technical difficulties in the transmission of messages over the Internet.
LaGrowthMachine shall be liable, within the limits of its daily backup, for any loss of data suffered by the Client as a result of a failure of the Software, an update, or a maintenance operation.
The total cumulative liability of LaGrowthMachine, for all damages and for any cause whatsoever, shall not exceed the amounts actually received by LaGrowthMachine in respect of the Fees during the twelve (12) months preceding the occurrence of the last harmful event.
In any event, the Client may only bring a claim against LaGrowthMachine for a breach under the Terms of Services within twelve (12) months from the occurrence of the relevant breach, which the Client expressly acknowledges and accepts.
LaGrowthMachine shall not be held liable for any damages resulting from the Client’s failure to comply with its own obligations under these General Terms.
These General Terms shall remain effective until expiry or termination of the Subscription Plan of the Client.
Each Subscription Plan shall be automatically renewed for a new contractual period of the same duration unless terminated by either Party before the end of the on-going contractual period.
If the Client elects to terminate, such termination will take effect at the end of the current Subscription Plan, but the Client will remain liable for all charges due until the end of the current SubscriptionPlan.
In the event of termination of these General Terms, for any reason whatsoever, the Client shall immediately cease to use the Services.
LaGrowthMachine reserves the right to (i) suspend access to the Services or to certain functionalities of the Services; and/or (ii) terminate the Subscription Plan of the Client by right, without notice, with no further formalities and no indemnity being due, by electronic mail, in the following cases:
the Client has used the Services in a way which is contrary to the applicable law, public order or decency;
the Client has breached the intellectual property right of LaGrowthMachine and/or a third party;
conception, use or provision via the Services of any content that is unlawful or in breach of these Terms of Services.
LaGrowthMachine reserves the possibility to interrupt, at any time, temporarily or permanently, access to the Services. In case of a definitive interruption, the Client will be informed by any means that should be deemed appropriate by LaGrowthMachine.
LaGrowthMachine shall under no circumstances be held liable to the Client or to any third party for the termination and/or suspension of the Client’s account under the conditions set out in this article.
As of the effective expiry or termination of the Subscription Plan, for any reason whatsoever, unless provided otherwise by the Data Processing Agreement and/or applicable laws, the Client cease to have access to her/his account and to the associated data. At that time, LaGrowthMachine will proceed with the complete deletion of the Client’s data, with the exception of anonymous statistical data collected by LaGrowthMachine in the course of providing Services to the Client, which may be used by LaGrowthMachine in particular to improve the Services.
LaGrowthMachine may send the Client legal notices and other communications about the Services through “in-app” notifications and/or e-mails.
By accepting these General Terms, the Client consents to receive all such communications through these electronic means only.
LaGrowthMachine reserves the right to modify these Terms of Services at any time. Any such modification will be communicated to the Client by any appropriate means, including but not limited to e-mail or in-app notification, at least thirty (30) days prior to the effective date of the changes. Continued use of the Services by the Client after the expiration of this thirty (30) day notice period shall constitute acceptance of the modified Terms of Services. If the Client does not accept the modified Terms of Services, the Client must cease all use of the Services before the effective date of the changes.
The Client accepts to be featured on LaGrowthMachine’ clients reference list. Such acceptance includes being mentioned in press releases, marketing materials, and/or on LaGrowthMachine’s website, and may be used as an example of a mutually beneficial collaboration for marketing purposes.
If the Client does not wish to appear on LaGrowthMachine’ clients reference list, s/he must inform LaGrowthMachine in writing.
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 these Terms of Services 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.
The failure of LaGrowthMachine to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
Unless expressly stated otherwise, the Parties shall remain independent contractors and no provision of the Terms of Services shall be construed as creating between the Parties any partnership, company, nor any relationship of agent or commercial agent.
If one or more of the provisions of these Terms of Services 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, but in compliance with applicable legislation and the mutual intent of the Parties.
These Terms of Services is governed by French Law.
The Parties expressly accept to submit any dispute related to these Terms of Services (understood as any dispute related to its negotiation, conclusion, enforcement, cancellation and/or termination) and/or related to the commercial relationships between the Parties and their termination, to the exclusive competence of the Paris Courts, notwithstanding plurality of defendants or warranty claims, and including summary proceedings and ex parte motions.
