These terms and conditions of use and sale (hereinafter the "T&Cs") apply between FollowBee, a sole proprietorship registered with the Paris Trade and Companies Register, with its registered office at 10 rue de la Paix, Paris 75002, France (hereinafter "FollowBee") and the company that has subscribed to the Services via FollowBee's website (hereinafter the "Client").
1 - Definitions
"Administrator" means a User with rights to add Users, make a Subscription, or modify the existing Subscription.
"Account" means each User's account. An Account is linked to a Workspace.
"Credit" means the fictional unit of accounting allowing Users to enrich their Client Data. A Credit is neither exchangeable nor refundable and has a validity period after which it is no longer usable.
"Contract" means the contractual ensemble composed of the potential Quote, these Terms and Conditions, and the DPA.
"Client Data" means the data provided by Clients to be enriched.
"Enriched Data" means Client Data enriched with previous experiences or movements returned by Providers.
"Software" means the platform accessible from https://app.followbee.io/
"Owner" means the Administrator who created the Workspace.
"Providers" means the companies enabling Client Data enrichment.
"Service" means all Software functionalities to which Users have access.
"Subscription" means the commitment concluded between the Client and FollowBee regarding the provision of the Service. A Subscription is monthly when the commitment is made for one month, automatically renewable. A Subscription is annual when the commitment is made for one year, automatically renewable.
"User" means a person, whether or not a member of the Client's staff, authorized by the Client to have an Account and use the Service. The User does not have rights to add other Users, make a Subscription, or modify the existing Subscription.
"Workspace" means the Client's main account, to which several User Accounts can be linked, allowing for making a Subscription and using the Service.
These words have the same definition whether in singular or plural and can be used interchangeably.
2 - Contract Composition
The Contract concluded between FollowBee and the Client consists of the following documents in order of priority: the signed Quote, when it exists, (hereinafter the "Quote"), these Terms and Conditions of Use and Sale, the Data Processing Agreement (hereinafter the "DPA"). In case of contradiction between one or more provisions of the contractual documents comprising the Contract, the provisions of the higher-ranking documents shall prevail.
The Contract constitutes the entire agreement between the Parties. It prevails over any other general terms and conditions of purchase, sale, or service of either Party as well as any agreement, written or verbal, between the Parties having the same purpose.
3 - Purpose
The Terms and Conditions aim to define the terms and conditions applicable to the use and sale of the Service provided by FollowBee.
The Client declares and warrants that it has the legal capacity or authorization from the person authorized to bind the Client to enter into the Contract.
4 - Service Description
FollowBee has developed Software available in SaaS mode allowing the Client to obtain specific information from Data Providers. FollowBee does not have an enrichment database and does not build such a database. The data transfer takes place between the Providers and the Client. FollowBee only intervenes to facilitate this transfer and communicate the Clients' requests to the Providers.
The Client acknowledges being informed and having ensured that the Service provided by FollowBee corresponds to their expectations and needs.
5 - Access to Service
The Client accesses the Service by creating an Account directly from FollowBee's website.
When the Client creates an Account.
The information provided by the Client during Account creation must be up-to-date, complete, and truthful. FollowBee may request confirmation from the Client of their information and may request any proof whatsoever. In case of doubt about the Client's real identity or the truthfulness of the information provided, FollowBee may suspend the Client's access to the Service and Software.
The Administrator and Owner can receive free credits or purchase credits to enrich their data (hereinafter the "Subscription"). The Subscription can be monthly, annual.
The Client acknowledges and accepts that only an Administrator or Owner can proceed with a Subscription or modify a Subscription from the Workspace.
The free allocation of credits is at FollowBee's discretion. In case of suspected abuse or for any other reason specific to FollowBee, FollowBee reserves the right to refuse the free allocation of credits without incurring any liability in this regard.
6 - Service Provision
Use of Service
The use of the Service and resulting outcomes is solely the Client's responsibility. FollowBee is not liable for any restrictions imposed by LinkedIn.
The Client agrees to comply with applicable laws regarding personal data, ensuring informed consent where required. The Client commits to using the Service and Enriched Data lawfully and ethically.
The Client and Users must not:
Technical Prerequisites
The Client is responsible for ensuring a stable internet connection and the security of their Account credentials. FollowBee is not liable for security breaches caused by Client negligence.
Client and Enriched Data
FollowBee does not build databases from Client Data. Client Data is processed strictly for Service provision. The Client authorizes FollowBee to utilize third-party Providers for data enrichment.
Service Suspension
In case of suspension, the Client will be notified and given seven (7) days to resolve the issue before potential termination under Article 16.
7 - Service Continuity
FollowBee aims to provide uninterrupted access, barring maintenance, external disruptions, or force majeure. Clients acknowledge that network reliability affects Service availability.
Maintenance, Updates, and Improvements
FollowBee may update or modify the Service, API, or Providers without liability. Notice will be provided when possible.
8 - Duration
The Contract remains effective until Workspace deletion or Subscription expiration.
9 - Subscription Terms
FollowBee offers Monthly, Annual, and One-time payment options. Clients can adjust Monthly and Annual Subscriptions, with changes taking effect immediately or at the next renewal period, respectively. One-time payments are non-adjustable.
10 - Workspace Deletion Terms
The Administrator or Owner can request the deletion of their Workspace by sending an email to contact@followbee.io. FollowBee responds by informing them of the consequences of deletion and requesting validation.
When the Administrator or Owner validates their deletion request, FollowBee proceeds with the permanent deletion of the Workspace.
Workspace deletion has the following consequences:
A User cannot request the deletion of their Account; they must make the request to the Administrator or Owner of the Workspace to which their account is linked.
11 - Financial Terms
Price
The Service is provided to the Client in exchange for payment of the price agreed between the Parties. The price is indicated excluding VAT and other taxes, duties, or services payable by the Client.
The price depends on the type of Subscription and number of Credits.
The price is set between the Parties either:
The Client acknowledges that the price may vary when the number of Credits is increased or decreased during the Subscription.
Payment and Billing Terms
When the Client subscribes to a Monthly or Annual Subscription, the monthly or annual price is immediately payable through Stripe. The Client acknowledges and accepts that they will then be automatically charged the price amount at the beginning of each month or year, on the anniversary date of their subscription.
When the Client subscribes to a one-time payment Subscription, the price is immediately payable through Stripe on the day of their subscription.
When the Client proceeds with an increase in the number of Credits, they acknowledge and accept that they are directly charged via Stripe for the price corresponding to the amount of this increase. The Client acknowledges and accepts that they are then automatically charged via Stripe for the amount of the initial price plus the amount of the increase each month or year, on the anniversary date of their subscription.
When expressly agreed between FollowBee and the Client, billing may occur after the allocation of Credits. In this case, the Client commits to paying the invoice within the deadlines specified therein and according to the methods (Stripe or bank transfer) provided for by the invoice.
Late Payment & Suspension
In case of late payment of one or more invoices, the Client is liable for late payment penalties without the need for a reminder.
The applicable interest rate is the European Central Bank's semi-annual key rate in effect on January first or July first of the current year, increased by ten (10) points, provided that this rate is not less than three times the legal interest rate.
A fixed compensation of forty (40) euros is also due for recovery costs, with the understanding that FollowBee reserves the right to claim additional compensation in case of recourse to a professional charged with recovery.
Access to Services is subject to compliance with the payment deadlines provided for by the Contract. In case of non-payment by the Client of amounts due at maturity, FollowBee reserves the right to suspend the Client's and their Users' access to their Accounts and Workspaces. This suspension occurs immediately after FollowBee has informed the Client by any means.
Service suspension does not entail price reduction or refund to the benefit of the Client. All issued invoices remain due even in case of suspension.
Access may be restored, at FollowBee's discretion, after the Client has paid all invoices in full. FollowBee reserves the right to proceed simultaneously with Contract termination in accordance with Article 16.
Dispute
In case of payment dispute by the Client, they must communicate their dispute to FollowBee within twenty-five (25) calendar days from the payment date. The dispute must include the invoice number to which it relates and the reason for the dispute.
In case of reduction of the disputed payment, FollowBee issues a credit note to the benefit of the Client which will be deducted from the next payment or proceeds with the refund of the overpayment.
12 - Intellectual Property
Use by the Client
In exchange for payment of the price, FollowBee grants the Client a personal, non-exclusive, non-assignable, and non-transferable right to use the Service and Software according to the terms provided in the Contract.
The right of use does not confer any ownership rights to the Client over the Service, Software, and their component elements.
The Client warrants to FollowBee that they use and process Client Data in compliance with applicable regulations, particularly regarding personal data, and that they have the necessary rights and authorizations for the use and processing of Client Data by themselves, by Providers, and by FollowBee.
Intellectual Property Rights
FollowBee owns all intellectual property rights related to the Service and Software or has the necessary intellectual property rights to exploit them. The Contract does not transfer ownership of any of these rights to the Client.
All elements that compose the Service and Software, including their structure, content, and appearance (notably drawings, graphics, source code, content, FollowBee logo, FollowBee trademark, FollowBee name, functionality, design) are and remain the property of FollowBee or are subject to assignment in its favor. Any unauthorized reproduction or use by the Client of these elements constitutes an act of infringement.
The Client agrees not to use elements covered by Providers' intellectual property rights (notably logo, name, trademark, etc.).
Indemnification
If an infringement action is brought by a third party against one Party on the grounds that any information, documents, Client Data, Service, Software, elements, provided by the other Party violates the intellectual property rights of a third party, the latter Party shall, at its expense, defend the other Party, including reasonable attorney fees, and indemnify against all damages, fines, penalties, injuries, costs, and expenses of any nature awarded to the third party under an enforceable court decision or a decision of an administrative or governmental authority.
FollowBee does not indemnify the Client and is not responsible for intellectual property rights violations resulting from:
(i) Use of Services or Software in combination with other equipment or software not authorized by FollowBee; (ii) Modification of Services or Software by the Client or a third party; (iii) Client's failure to install software updates; (iv) Use of the Service or Software in a manner other than that authorized by this Contract; (v) Use and processing of Client Data.
Commercial Reference
The Parties authorize each other to use their names, trademarks, logos, and website addresses free of charge throughout the Contract duration and exclusively as commercial references. This use can notably be made on the Parties' websites and social networks.
15 - Personal Data
The Client commits to using the Service in compliance with their obligations regarding applicable personal data regulations, particularly concerning their employees, prospects, and clients.
In the context of personal data processing necessary for Service provision, FollowBee acts as a data processor of the Client, who is the data controller. As such, a Data Processing Agreement (DPA) is concluded between the Parties and annexed to the Terms and Conditions. Each Party commits to respecting the obligations placed upon it by the DPA and applicable personal data regulations.
In the context of the contractual relationship between the Client and FollowBee, the latter acts as a data controller and processes personal data for the following purposes:
The processing carried out by FollowBee, as data controller, is based on contract execution, its legitimate interests, and its legal obligations. Personal data processed by FollowBee is only retained for the duration necessary to achieve these purposes. It may be communicated to FollowBee's partners, its processors and service providers, its lawyers and accountants, or administrative authorities. Data subjects can exercise their rights directly with FollowBee and file a complaint with the CNIL. The Client can refer to the privacy policy available on FollowBee's website for complete information.
16 - Termination
At Client's Initiative
The Client can terminate the Contract by opposing the tacit renewal of the Monthly Subscription or Annual Subscription.
The Client can terminate the Contract when FollowBee does not respect its contractual obligations, including those of the DPA, and this non-compliance causes significant prejudice to the Client. In this case, the Client informs FollowBee by email at contact@followbee.io of their intention to terminate the Contract. If the Parties cannot reach an agreement within thirty (30) days following the email, then the Client can terminate the Contract by informing FollowBee by email.
The Client can terminate the Contract when a substantial modification causes significant prejudice to the Client and does not result from a legal, regulatory, judicial, or administrative requirement or position. In this case, the Client informs FollowBee by email of their intention to terminate the Contract within eight (8) days following the effective date of the substantial modification. If the Parties cannot reach an agreement within thirty (30) days of the information communicated by the Client, then the latter can terminate the Contract by informing FollowBee by email. Any use of Services after the effective date of the substantial modification is considered as the Client's acceptance of Contract modifications.
In case of termination at the Client's initiative, the Client is only liable for amounts corresponding to the period prior to the Contract termination date. In the case of an Annual Subscription or one-time payment Subscription, the Client can request FollowBee to refund amounts paid for the period after the Contract termination date.
At FollowBee's Initiative
FollowBee can terminate the Contract at any time by opposing the tacit renewal of a Subscription.
FollowBee can terminate the Contract at any time when the Client does not respect their payment obligations. In this case, FollowBee informs the Client by any means of the termination and it takes effect immediately. The Client remains liable for all invoiced amounts. They cannot claim a reduction or refund of the invoiced amount.
FollowBee can terminate the Contract at any time and upon simple information to the Client when it considers that the Client does not respect the Contract or uses the Services in a manner contrary to the Contract or harmful to FollowBee or third parties. In the case of an Annual Subscription or one-time payment Subscription, the Client can request FollowBee to refund amounts paid for the period after the Contract termination date.
FollowBee can terminate the Contract following a Service suspension provided for in the Contract. In this case, the Client cannot request FollowBee to refund amounts already paid for the period after the Contract termination date.
Effects of Termination
In case of termination, the Client can no longer use the Service. They are responsible for ending integrations and APIs.
17 - Force Majeure
The Parties are not responsible for direct or indirect consequences of any total or partial non-performance of one or more of its contractual obligations when the non-performance results from a case of force majeure as defined by Article 1218 of the French Civil Code.
In case of occurrence of a force majeure event, the obligations of the Party invoking the force majeure event are suspended without their liability being sought for the consequences of this suspension.
If a force majeure event prevents one of the Parties from performing an essential obligation of the Contract for more than thirty (30) calendar days, each Party can terminate the Contract as of right by email or postal mail without this termination being subject to compensation for the benefit of either Party. The Parties cannot claim a refund of amounts already paid.
18 - Contract Modification
FollowBee has the right to unilaterally modify the Contract and API documentation. The Client acknowledges that any modification is binding after they have been published by FollowBee by any means, including via publication on its website.
Any substantial modifications to the Contract are communicated to the Client by email or by information via the website or Software, within a period of fifteen (15) calendar days before their effective date. The Client has the right to refuse substantial modifications to the Contract by terminating it under the conditions provided by the Contract.
19 - Assignment
The Client acknowledges that the Contract is concluded intuitu personae. In any situation whatsoever, the Client is not authorized to delegate, assign, or transfer all or part of the rights and obligations arising from the Contract without having previously obtained FollowBee's written agreement.
The Client acknowledges that FollowBee is authorized to delegate, transfer, or assign all or part of the Contract and the rights and obligations attached to it to any third party or affiliated company, without needing to obtain the Client's written agreement.
20 - Applicable Law and Jurisdiction
The Contract is subject to French law. In case of a dispute between the Parties relating to the execution of the Contract, they commit to attempting to resolve their differences amicably. If the Parties cannot reach an amicable resolution, they must bring their dispute before the competent courts of Paris, France.