Terms of use

PREAMBLE – glossary

For the purposes of these Terms of Use, the terms below have the following meanings:

“Terms of Use” or “TOU”: these rules and conditions governing Users’ use of the Services and their responsibilities when using the Service;

“Terms of Sale”: the terms, arrangements and conditions governing Users’ subscriptions to the Services;

“Customer Content”: all information and data (including text, images, photographs, videos, audio files and documents), or any other content in any medium and format, provided or made available to DAILYFY by you or on your behalf in connection with use of the Service.

“Account”: the User access created under these Terms of Use, accessible through the Website and/or Application and allowing the User to subscribe to and use the Services;

“Data” or “Personal Data”: content, data, information and confidential information concerning your identity and business, some of which may not be publicly accessible, including, without limitation, technical and commercial information about your business or your parent companies, subsidiaries, systems, processes, software and services, as applicable.

“Plan”: one of the subscription packages through which you may use the Service, as further described on the Website’s Terms of Sale page.

“Confidential Information”: all information supplied by you or us (the “Disclosing Party”) to the other party (the “Receiving Party”), orally or in writing, which is designated as confidential.

For the avoidance of doubt, Confidential Information shall not be deemed to include information that: (a) is publicly known when disclosed or subsequently becomes publicly known through no fault attributable to the Receiving Party; (b) was discovered or created by the Receiving Party before disclosure by the Disclosing Party; (c) becomes known to the Receiving Party through legitimate means other than through the Disclosing Party or its representatives; or (d) is disclosed by the Receiving Party with the Disclosing Party’s prior consent.

“Mentions”: information, including links, posts and extracts, made publicly available and obtained by DAILYFY on your behalf from Associated Platforms, and data derived from those items, including reports, summaries, charts and tables.

“Login Credentials”: the email address used to sign in, the username chosen by the User when registering, and the confidential access code also chosen upon registration, allowing access to the Account;

“Subscription Period”: the period during which DAILYFY will provide the subscribed Service, subject to your compliance with your obligations under these TOU, observance of their conditions and commitment to follow the applicable Privacy Policy available on the Website, and your commitment to pay the amount corresponding to the subscribed Plan available on the Website’s Terms of Sale page.

“Trial Period”: free access to the Service provided by DAILYFY for a limited, predetermined period, granted at DAILYFY’s sole discretion. DAILYFY may revoke this access at any time without notice.

“Associated Platform(s)”: the social networking site or sites currently supported by the Service, including Twitter, Facebook, LinkedIn, Instagram and the other social networks described on the Website.

“Privacy Policy”: DAILYFY’s current data privacy policy, accessible at any time on the Website. The online version is deemed current and applicable without reservation.

“Services”: the services offered by DAILYFY through the Website and/or Application under the Plan to which you have subscribed.

“Website”: the website https://www.dailyfy.co and the platform/application https://www.app.dailyfy.co

“User”: any natural or legal person holding a DAILYFY Account who accesses and uses the Services in accordance with the applicable rules published on the Website/Application on the Privacy Policy, Terms of Use and Terms of Sale pages.

ARTICLE 1 – Legal information

Website (hereinafter the “Website” or “Service”):

This document concerns the DAILYFY website and its Services, accessible at the following URLs: https://www.dailyfy.co/ and https://www.app.dailyfy.co/

Publisher (hereinafter the “Publisher”):

SASU Click&Digital

Registered office: 2 Rue de la Croix Beaugeard, 35400 Saint-Malo

Represented by Antoine SEBILLE, in his capacity as manager

Registered with the Saint-Malo Trade and Companies Register under number 880 139 498

SIRET number: 88013949800013

Intra-community VAT number: FR33880139498

Email address: hello@dailyfy.co

ARTICLE 2 – Purpose of the TOU

DAILYFY aims to enable its users to develop their reputation on social media by using all the elements that make a social media strategy successful.

The purpose of these Terms of Use is to define the terms and conditions under which Users access and use the Services.

Important: access to and use of the Services provided by DAILYFY are subject to these TOU and require Users’ express, prior and full acceptance of them and of DAILYFY’s Privacy Policy.

ARTICLE 3 – Application, amendments and termination of the TOU

The Terms of Use constitute the entire agreement between Users and DAILYFY regarding use of the Services and the Website and/or Application generally. The TOU govern all use of the Services by Users, subject to additional or specific terms of use for certain Services to which Users must expressly agree.

These TOU remain valid and applicable for as long as the User has a subscription.

The Publisher reserves the right to amend the TOU at any time, particularly to reflect legal, case-law, editorial, functional and/or technical developments affecting the Website, Application and/or Services.

Generally, if one or more provisions of the Terms of Use are held invalid under a law, regulation or final decision of a competent court, the remaining provisions shall retain their full force and effect and remain valid and applicable. The same principles apply to incomplete provisions.

In all cases, the prevailing version of the TOU is the version accessible online on the date the Website, Application and/or Services are used. Any use by Users after publication of amended TOU implies acceptance of the new TOU.

The TOU are regularly updated. Users will be informed of changes to the TOU.

If Users disagree with amended TOU, they must cease accessing the Website and/or Application and stop using the Services. Otherwise, use of the Website, Application and/or Services after publication of the new TOU implies Users’ express and unconditional acceptance of them.

Lastly, we reserve the right to terminate the TOU binding DAILYFY and Users at any time without notice solely where DAILYFY is required to do so by law or regulation. This termination will result in DAILYFY deactivating the User Account and will have the same consequences as termination of the Account at the User’s initiative (see “Account deactivation and subscription termination” below).

ARTICLE 4 – Access to the Website

Access to and use of https://www.dailyfy.co/ and https://www.app.dailyfy.co/ are reserved for strictly personal use. You undertake not to use these websites or the information or data they contain for commercial, political or advertising purposes, or any form of commercial solicitation, particularly unsolicited email.

The Publisher reserves the right temporarily to block access to the Website and/or Application and/or Services for Users who breach these TOU or fail to satisfy the prerequisites in Article 6.

ARTICLE 5 – Purpose of the DAILYFY Services

The Services offered by DAILYFY allow Users to benefit from a visual editing and social media post scheduling tool; access marketing analysis solutions for their posts; conduct competitive monitoring and online content curation; generally manage their accounts/pages on Facebook, Instagram, Twitter, LinkedIn, Pinterest, Google, TikTok, YouTube, Threads and other platforms mentioned on the Website; and access, consult and share the data collected through these features.

ARTICLE 6 – Prerequisites for using the Services

Use of the Services requires Users to:

• Have access to the Website and/or Application;
• Create a User Account in accordance with Article 7 of these TOU.

Users warrant that they have full legal capacity to use the Services and, in particular, that they:

• Are of legal age;
• Have legal capacity and full intellectual and cognitive capacity (in particular, are not in a state of dependency and/or under guardianship and/or supervision, etc.);
• Have the necessary 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 manner detrimental to DAILYFY’s interests.

DAILYFY cannot be held liable for use of the Services by persons who do not meet the conditions above.

ARTICLE 7 – Conditions for using the Services

User Account

To use and benefit from the Service, Users must create an Account by completing a registration form, providing all required information, checking “I accept the Terms of Use and Privacy Policy” and clicking “Get started”.

Login Credentials and confidentiality

Users are then asked to enter an email address as their login identifier, set a unique personal confidential access code allowing access to the Services and/or Account, and enter a username to identify the Account. DAILYFY encourages Users to use “strong” passwords combining numbers, letters and symbols, including upper- and lower-case letters.

The User is fully responsible for maintaining the confidentiality of their Login Credentials. The User must therefore ensure they have effectively logged out of the Website and/or Application at the end of each session, particularly when accessing the Website from a public computer.

If Users lose their Login Credentials, they may request a new access code through their Account by clicking the “forgot password” link.

Provision and updating of personal information

Users undertake to provide complete and accurate information when registering and to update that information while using the Service, in accordance with Article 6-II of French Law no. 2004-575 of 21 June 2004 on confidence in the digital economy. Users therefore undertake immediately to update the information provided whenever it changes.

Accordingly, they undertake not to create a false identity liable to mislead DAILYFY or third parties, or impersonate another natural or legal person.

The Publisher has no control over the accuracy or reliability of information supplied by Users and therefore cannot be held liable for consequences arising from incomplete or incorrect information.

Users who discover that another person has used their identity to use the Services must immediately inform DAILYFY at hello@dailyfy.co.

If a User provides information that is false, inaccurate, incorrect, outdated, incomplete, misleading or untruthful, the Publisher may immediately, without notice or compensation, suspend or terminate that User’s Account and temporarily or permanently prohibit access to the Website and/or Application and/or Services.

Furthermore, the Publisher shall under no circumstances be liable for non-performance and/or partial performance of the subscription in connection with the provision of such information.

User Account held by a legal person

Where a natural person uses the Website/Service on behalf of a legal person, the User must state that legal person’s name when subscribing to a Plan.

The rules and conditions in the preceding paragraph apply in full to creation of a User Account on behalf of a legal person. Accordingly, any change to the information supplied must immediately be entered in the Account area, and the Publisher cannot be held liable for its inaccuracy.

Whenever a User uses the Service for and on behalf of a legal person, they must be, and shall be presumed to have been, empowered and/or duly authorised to act for and on behalf of the legal person they represent; both they and that legal person are jointly and severally bound by these TOU. If the natural-person User ceases to act as representative of the legal person, they must inform DAILYFY. The legal person remains bound by its previously concluded subscription contract and must inform DAILYFY of the new authorised representative.

Until DAILYFY is notified of the new authorised representative’s name, the natural and legal persons remain liable as described above. DAILYFY cannot be held liable where a person lacking the necessary authority or due authorisation enters into a service contract for and on behalf of a legal person.

These TOU apply without reservation to parent companies, subsidiaries and other legal entities owned by a parent company. They have the same rights, obligations and liabilities.

Access by DAILYFY

We reserve the right, on our own behalf or on behalf of our subcontractors or employees, to access User Accounts and supplied information, but only for support, maintenance and servicing, security or technical reasons, or billing.

Furthermore, by submitting a support request, the requesting User is deemed to have consented in advance to our accessing their Account solely to answer the request and/or resolve the problem encountered.

Subscription

The scope of the Service(s) accessible to Users may depend on the corresponding subscription Plan.

We offer different subscription Plans for the Service. The User chooses the applicable Plan when creating the Account and may change it at any time in the Account area.

For more information about our Plans, please see our pricing page: https://www.dailyfy.co/fr/tarifs/. All prices published on our Website exclude VAT and any other taxes applicable in the User’s country.

The User may upgrade or downgrade their subscription Plan at any time during the Subscription Period, in which case we will prorate the amounts due.

We reserve the right to change subscription Plans and/or the Subscription Period at any time, or introduce new fees and/or subscription levels or charges. We will provide thirty (30) calendar days’ written notice, during which Users may terminate their subscription or change their current Plan if they do not agree to those changes.

Similarly, we reserve the right to update our Services at any time, and such updates may change the Service’s configuration and/or functionality, including by adding, modifying or removing features, characteristics or content.

The Publisher shall provide, implement, configure, install, support and maintain, at its own expense, all updates, upgrades, optimisations, improvements, releases, corrections, bug fixes, patches and changes to the Service (collectively, “Updates”).

Users will be notified of such Updates and may then upgrade or downgrade their subscription, or terminate it, if the Publisher’s new developments do not meet their needs.

The User further understands that the Service interacts with several Associated Platforms and that provision of the Service significantly depends on their availability.

If an Associated Platform at any time ceases to make some or all of its features available to DAILYFY (constituting an “API change”), DAILYFY may cease providing those features without entitling you to any refund, credit or other compensation.

Use of the Services

Users acknowledge and agree that the results DAILYFY provides through its features depend on information supplied by social platforms such as Instagram, Facebook, LinkedIn, Twitter, Pinterest, TikTok, YouTube, Google, Threads and other platforms mentioned on the Website.

It is therefore expressly understood that, as Dailyfy has no control over the accuracy or reliability of information supplied by those social networks, it provides no guarantee regarding the accuracy of results and/or statistics obtained by Users when using the Services.

Accordingly, DAILYFY shall under no circumstances be liable for incorrect, incomplete and/or inaccurate results and/or statistics obtained from incorrect, incomplete and/or inaccurate information supplied by the social networks above.

Furthermore, DAILYFY shall under no circumstances be liable for unavailability of results and/or statistics due to unavailability and/or inaccessibility of data collected from those social networks, or inability to use a feature because the data they provide is unavailable and/or inaccessible.

Lastly, it is expressly understood that DAILYFY cannot replace Users in managing their accounts/pages and media content on Instagram, Facebook, LinkedIn, Twitter, Pinterest, TikTok, YouTube, Google, Threads and other platforms mentioned on the Website.

ARTICLE 8 – Availability of the Services

The Services are accessible through the Website and/or Application twenty-four (24) hours a day, seven (7) days a week.

The Services are accessible throughout the User’s subscription until the User terminates it in accordance with Article 9 of these TOU and the Terms of Sale and Subscription. However, because of the nature of the Internet, DAILYFY does not guarantee operation of or access to the Services twenty-four (24) hours a day, seven (7) days a week.

Furthermore, to ensure proper management of the Website, the Publisher may at any time:

• Suspend, interrupt or limit access to all or part of the Website, or reserve access to the Website or certain parts to a specified category of Internet users;
• Remove any information that may disrupt operation or contravene national or international laws;
• Suspend the Website to carry out Updates.

ARTICLE 9 – Account deactivation and subscription termination

A User’s Account remains active while registered on the Website and/or Application and allows payment for a subscription OR a Trial Period to DAILYFY’s Services.

As soon as a User stops paying their subscription, access to the Services is deactivated. The Customer may continue accessing their Account but will no longer have access to the Services unless they subscribe and pay for a new subscription.

Users may terminate their subscription and delete their Account at any time without giving a reason. To do so, the User must email hello@dailyfy.co. When exercising this right, Users must provide all information necessary to identify them: first and last name, company name, email address and login identifier.

Furthermore, in accordance with applicable regulations, the request must be signed and accompanied by a copy of an identity document bearing their signature. The request must also state the address at which the Publisher may contact the requester.

Users have fifteen (15) days to cancel an Account deletion. After that period, subscription cancellation and/or Account deletion is final because the Account is irreversibly deleted and the associated Personal Data is automatically deleted and cannot be recovered.

Unless DAILYFY is informed at least three (3) business days before the end of the current Subscription Period or any subsequent renewal period that the User does not intend to renew, the subscription will automatically renew for the same term upon expiry (the “Renewal Period”). This applies to all paid subscription Plans, including monthly and annual renewals.

Subscription cancellation and Account deletion do not prevent Users from registering again and creating another Account.

In the event of failure to comply with obligations arising from acceptance of the TOU, incorrect information supplied when creating the Account, or action liable to harm DAILYFY’s interests, DAILYFY reserves the right to suspend access to the Services without notice or, depending on the seriousness of the action, delete the User’s Account without any entitlement to damages.

ARTICLE 10 – Users’ commitments and liability

Generally, Users undertake to comply with these Terms of Use and applicable laws and regulations. Users are responsible for their use of the Services generally and its consequences.

Commitments

When using the Services, Users undertake to comply with all these TOU and, without limitation, to:

• Provide accurate, complete and truthful information and systematically update it whenever it changes;
• Comply with the prerequisites for using the Services;
• Comply with the terms of use of Services provided by DAILYFY;
• Respect the image and reputation of DAILYFY and its Publisher;
• Not modify or alter all or part of the Services;
• Not restrict use of the Services by any means or falsify any notice or element of the Services;
• Not spread or attempt to spread computer viruses or other harmful elements through the Services;
• Not intrude into a computer system, alter content or commit any offence under Articles 323-1 and 323-7 of the French Criminal Code (“hacking”), or send unsolicited messages through the Services, punishable under Article 226-18 of the French Criminal Code;
• Not delete content from the Services or their database, particularly using automated programs;
• Not send their personal password to a third party they have not authorised;
• Not use the Services for purposes contrary to applicable rules or infringe third-party rights, including intellectual property and privacy;
• Not attempt to circumvent, disable or otherwise interfere with security-related Service features, prevent or restrict use or copying of content, or impose restrictions on use of the Services or content accessible through them;
• Not distribute all or part of the Services, including content, on any other medium without DAILYFY’s prior written consent;
• Not harm DAILYFY generally.

Assumption of risks

Users also use the Internet solely at their own risk and subject to all applicable local, state, national and international laws and regulations. Although DAILYFY strives to create a safe and reliable Website and Service, the Publisher is not responsible for the security of information beyond its control. DAILYFY disclaims liability for interruptions or omissions affecting the Internet, network or hosting services.

Users assume the sole and entire risk arising from use of the Website and Service.

Users acknowledge that, because of the global nature of the Internet and Web, the Website and/or Service are available online and may generally be accessed at any time from anywhere in the world. Access by particular persons may not be lawful in certain jurisdictions.

Users access and use the Website and/or Service at their own risk and shall comply with the laws of their jurisdiction and any other jurisdiction in which they use them. They agree to comply with all local rules on online conduct and acceptable generated content.

Liability

The User alone is responsible for deciding to use the Services, their suitability for the User’s needs, the security of the User’s computer system and backing up their data.

Users alone are responsible for their relationships with third parties when using the Services. They alone are responsible for content uploaded, displayed, promoted through posts and links or otherwise made publicly accessible through the Service. They agree that DAILYFY acts solely as a passive channel for distributing and publishing online content that Users are presumed to own.

Notwithstanding this, DAILYFY reserves the right, at its sole discretion, to remove uploaded content considered to breach these TOU, third-party rights or applicable social network rules.

For reference, the current terms of use of our Associated Platforms are:

• 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 current terms of use of our associated tools are:

• 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

They are also personally responsible for using the Services and for information supplied when creating their Account and using the Services.

The User shall indemnify DAILYFY against damage suffered by DAILYFY and any action for damages brought against it arising from breach of these TOU and/or any third-party right. In the event of fraud, DAILYFY is authorised to disclose necessary information to the competent bodies responsible for preventing such fraud and offences.

The Publisher reserves the right to delete a User’s Account and/or refuse access to the Services without notice and without prejudice to any other rights or remedies available where a User uses the Services improperly.

ARTICLE 11 – Acceptable use policy

We developed our use policy in accordance with social network recommendations. It aims to ensure responsible scheduling and prevent spam.

If you subscribe to a Plan offering unlimited monthly posts, this option is subject to our Fair Use Policy for Social Media Scheduling. You must also comply with the anti-spam policies and specific internal rules of each platform or social network connected to our Service.

Our company cannot be held liable for restrictions imposed by platforms or social networks following non-compliance with those policies and rules.

Fair Use Policy

Our Fair Use Policy aims to ensure a positive experience for all Users and compliance with social media platform standards. As an administrator, you must follow these guidelines:

Publishing rules

1. **Unique content**: Avoid repeatedly publishing identical content to prevent classification as spam.

2. **Appropriate content**: Posts must not contain:

– Sexually explicit content

– Unlawful statements, including but not limited to:

– Racist or xenophobic content

– Glorification of terrorism

– Incitement to hatred

– Violations of human dignity

– Defamation or slander

– Content contrary to public order or security

– Promotions that do not comply with advertising regulations, for example gambling or alcohol

Monitoring and compliance

– A baseline activity threshold of 600 messages per brand per month has been established.

– If exceeded, a manual check will be carried out to ensure policy compliance.

Consequences of non-compliance

– If compliance is confirmed, a personalised activity threshold will be established for subsequent months.

– In the event of non-compliance, we reserve the right to suspend posts for the current month without increasing the activity threshold.

Review period

Posts will be temporarily suspended during manual review.

Thank you for your understanding and cooperation in maintaining a healthy and respectful publishing environment.

Our acceptable use policy is designed to support you in developing a dynamic and impactful online presence.

It guides you in adopting best practices specific to each social media platform while fostering a healthy and respectful digital ecosystem.

Thank you for your commitment and positive contribution to our online community. Together, let us create a digital space where everyone can thrive and communicate responsibly! × Dismiss this alert.

ARTICLE 12 – DAILYFY’s commitments and liability

Warranties

DAILYFY warrants and represents that:

• The Service is provided in accordance with applicable laws;
• To DAILYFY’s knowledge, intellectual property rights in materials supplied by DAILYFY as part of the Service do not infringe third-party intellectual property rights when used in accordance with this Agreement;
• DAILYFY will use Users’ Data only in accordance with this Agreement, including its appendices.

DAILYFY represents and warrants to Users that it holds all rights and authorisations necessary to enter into the main Agreement and any amendment concerning performance of the Service.

Users understand and agree that the Services are provided “as is”. DAILYFY also cannot guarantee the consequences of using the Services and/or services provided by third parties, particularly software integrated through APIs, whose details Users have obtained.

In particular, DAILYFY does not warrant:

• That the Services meet Users’ needs;
• That the Services will operate without interruption, securely or without malfunction;
• The quality of any service, including whether results obtained through the Services will meet Users’ expectations;
• That data results collected through the features are complete, exhaustive, true, accurate or reliable.

No information or advice given by ICONOSQUARE to Users regarding use of the Services shall be considered a warranty.

Personal Data

In accordance with amended French Law no. 78-17 of 6 January 1978 on information technology, data files and civil liberties, known as the “Data Protection Act”, and Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, Users are informed that DAILYFY automatically processes their Personal Data for use of the Services, processing and managing the commercial relationship and sale of subscriptions to the Services.

DAILYFY undertakes to store your Data securely during your subscription and in accordance with the duration of your subscription Plan. All Data exceeding the period established by law and not subject to exceptionally longer retention accepted by the User when subscribing will systematically and permanently be deleted from our systems.

You expressly understand and agree that DAILYFY provides no archiving or backup service and may delete unused and expired Data as provided under the applicable subscription Plan. DAILYFY expressly disclaims liability for archiving, storing and backing up Data.

Each User has rights of access, modification, rectification, restriction, portability and deletion of their Data, and a right to object. To exercise them, contact support by email at hello@dailyfy.co.

For more information about the rules governing Personal Data, consult DAILYFY’s Privacy Policy available on the Website.

Hyperlinks

The Website and/or Service may contain links to websites or content developed by third parties. The Publisher has not reviewed all websites, or their developments, to which the Website and/or Service refer and cannot be held liable for referenced content. Publication of a link does not imply DAILYFY’s approval of that content; DAILYFY cannot be held liable for links it contains.

Users consult referenced content at their own risk. DAILYFY reserves the right, at its sole and absolute discretion, to remove links to other documents at any time for any reason.

The Publisher also authorises third parties to create hyperlinks to all or part of the DAILYFY Website. However, it cannot verify the accuracy of content those third parties publish linking to DAILYFY and cannot be held liable for it. Any link must be removed upon the Publisher’s simple request.

Advertising

Unless you expressly withdraw your consent to this clause by emailing hello@dailyfy.co, you understand and consent to DAILYFY using your trademarks, logos and trade names to identify you as a Customer User on the DAILYFY Website and/or in connection with the Service it provides, and in other marketing materials.

Liability

DAILYFY cannot be held liable for damage suffered by Users in connection with abnormal use of the Services, particularly breach of these Terms of Use and/or provision of false or inaccurate information by Users.

Under no circumstances shall DAILYFY, its owners or suppliers, or their respective owners, directors, employees, contractors and/or agents, be liable to Users or third parties for direct, indirect, special, exemplary, punitive or other consequential or incidental damages, including without limitation lost profits or revenue, interruption, loss of programs or other information, or any other financial loss, arising directly or indirectly from: (a) Users’ use of or access to the Service, or content, products or services distributed on or provided through the Website and/or Service; or (b) malfunction or interruption of transmission networks or your computer equipment resulting in suspension of the Website and/or Service.

DAILYFY therefore disclaims liability for loss of data, intrusions, viruses, service interruption or other problems beyond its control.

In all cases, and without prejudice to the foregoing, the Parties’ maximum total aggregate liability under this Agreement, including its appendices, or for use or operation in any manner of all or part of the Service, content or User materials, shall not exceed the annual subscription price.

Proceedings

The Customer User alone is responsible for direct or indirect, material or non-material damage caused by the Customer User or their employees to DAILYFY or third parties through use of the Services. If the Publisher becomes subject to amicable or judicial proceedings because of your use of the Website, it may seek indemnification from you for all losses, sums, awards and costs arising from those proceedings.

We are entitled to bring criminal or civil proceedings against Users for any established or attempted unauthorised use of the Website and/or Service.

To protect Users and third parties, we reserve the right to view, monitor and record activities on the Website and/or Service without notice or consent, to the fullest extent permitted by applicable laws and only in compliance with this document. This right extends to reviewing monitoring activities and information about alleged violations.

Information obtained through monitoring, review or recording may be examined by law enforcement bodies investigating or prosecuting potential criminal acts committed through the Website and/or Service.

ARTICLE 13 – Intellectual property

Certain elements of the Website and/or Application and/or Services, particularly editorial content, illustrations, studies and videos, are protected by intellectual property law, including copyright, and are DAILYFY’s exclusive property.

Likewise, trademarks, logos, graphics and animations on the Website and/or Application and/or Services are DAILYFY’s exclusive intellectual property.

It is agreed that these Terms of Use do not transfer any of DAILYFY’s intellectual property rights.

If DAILYFY uses visual or sound elements it does not own, including photographs, illustrations, videos or audio extracts, DAILYFY undertakes to obtain access through free media libraries and not affix its logo, name or other distinctive sign that could create confusion as to alleged DAILYFY ownership.

The Intellectual Property is made available to Users free of charge solely to use the Website, Application and Services in the normal use of their features.

This permission to use the Intellectual Property is personal, non-exclusive and non-transferable. DAILYFY may revoke it at any time.

Users are prohibited, directly or indirectly, from copying, modifying, creating derivative works from, reverse engineering, disassembling or otherwise attempting to discover the source code of the Intellectual Property, except as permitted by law, or selling, assigning, sublicensing or otherwise transferring rights in it. The User undertakes not to modify the Intellectual Property in any manner.

Users are prohibited from exporting, extracting or scraping content developed by DAILYFY on its application for use outside DAILYFY’s Services using other similar tools or products.

In the event of non-compliant or abusive use of the Intellectual Property, the Publisher reserves the right to take legal action to stop infringement of its intellectual property rights and terminate subscriptions and/or deactivate User Accounts under Article 9 above and/or the Terms of Sale available on the Website.

Dailyfy is a trademark for which registration with INPI is pending.

ARTICLE 14 – Applicable law

These Terms of Use are governed by French law and subject to the jurisdiction of the courts at the Publisher’s registered office, unless specific jurisdiction is conferred by a particular statutory or regulatory provision.

ARTICLE 15 – Contact

For any question or information about the Services presented on the Website or the Website itself, contact hello@dailyfy.co.