Discover the general conditions of sale of the starleads.co application
LOCUTA is a simplified joint stock company registered in the BORDEAUX Trade and Companies Register under number 884 096 512 having its head office at 18 rue de Guirauton 33700 MERIGNAC (hereinafter “LOCUTA”).
Article 1: PURPOSE
LOCUTA offers a service called STARLEADS intended to improve the Cold Calling strategy of businesses through conversational artificial intelligence (hereinafter the “Service”).
The Service is available on the STARLEADS platform. https://app.starleads.co/ (hereinafter the “Platform”).
The website www.starleads.co (hereinafter the “Site”) presents the Service as well as the various formulas that can be subscribed to (hereinafter the “Scenarios”).
The purpose of these general conditions of sale (hereinafter the “GCS”) is to define the conditions for subscribing to the Service.
They are applicable to any subscription to the Service by a professional Customer (hereinafter the “Customer”).
It is expressly specified that persons having the status of consumer within the meaning of the Commercial Code cannot benefit from the Service.
Any subscription to the Service on the Site implies full and complete acceptance by the Customer of the Terms and Conditions as well as the general conditions of use available on the Site and the Platform, without restriction or reservation.
It is expressly agreed that any provision contrary to those contained in the GCS will be considered unwritten and that if one of the clauses were to be declared void or ineffective, the validity of the other clauses will not be affected.
The CGV may be modified, provided that the Customer consults the latest version of these conditions each time the Service is subscribed.
Article 2: SUBSCRIPTION
2.1. Scenario Description
The various Service Scenarios are available on the Site.
They are described and presented by LOCUTA on the Site as thoroughly as possible so that the Customer is aware of the essential characteristics before subscribing to one of them (functionalities, prices, etc.).
As such, the Customer is invited to consult the instructions and explanatory videos available on the Site before proceeding with any subscription.
Before subscribing to the Service, the Customer may also agree to a thirty-minute video appointment with a STARLEADS expert via the Site in order to obtain more information and ask him questions.
It is specified that the Service may be presented on the Site in the form of photographs, images, videos and/or infographics that will be provided for illustrative purposes and have no contractual value.
The Customer is informed of this and cannot therefore blame LOCUTA for this.
2.2. Creating a personal space
Before definitively validating the Scenario he has chosen, the Customer is invited to create his personal space on the Platform.
To do this, he must enter his name, first name, email address, email address, company, position held and choose his password.
The Customer is then invited to choose a payment method and fill in the banking information with which he wishes to pay for the Service.
It is specified that the Customer will only be charged if he subscribes to a Scenario and/or paid features.
Once these steps have been completed, the Customer must confirm the creation of his personal space after having read the GTC and having accepted them.
The Customer has the possibility to download, print and keep a copy of the GTC if he wishes.
2.3. Validation of the subscription to the Service
Once connected to his personal space, the Customer is invited to choose one of the Scenarios offered by LOCUTA.
He may also choose to subscribe to the free trial offered under the terms and conditions indicated on the Site and the Platform.
2.4. Refusal of subscription
LOCUTA reserves the right to refuse any subscription from a Customer with whom it has been or is currently in dispute.
LOCUTA also reserves the right to refuse a subscription that would be abnormal.
In all these cases, the Customer may not make any reproach against LOCUTA.
Article 3: ACCESS AND USE OF THE PLATFORM
The Customer is invited to refer to the general conditions of use of the Platform available on the Platform in order to read the complete terms of use of the Platform.
Access to the Platform is subject to the subscription to the Service and, where applicable, to the payment of the price by the Customer in accordance with article 4.
Once the personal account has been created and the necessary information has been filled in, in particular banking, the Customer will have direct access to the Service, excluding any exercise of the right of withdrawal.
The Customer undertakes not to disclose his access codes to his personal space under any pretext.
Otherwise, he will be solely responsible for the consequences resulting from the use of his personal space by a third party.
LOCUTA reserves the right to suspend the Customer's account if it is found that his login details have been stolen or used by a third party without his agreement, without the Customer being able to blame him or claim compensation.
If the Customer himself notices that a third party is using his login data to access his personal space, it is his responsibility to inform LOCUTA without delay.
Likewise, any provision by the Customer to a third party of the resources and documentation communicated by LOCUTA, in any form whatsoever and for any reason whatsoever, is strictly prohibited without the prior written authorization of LOCUTA and incurs the contractual and criminal liability of the author of the facts.
Article 4: FINANCIAL CONDITIONS
4.1. prix
The prices of the Scenarios are mentioned on the Site and indicated in euros, all taxes included.
They may be revised during promotional offers or one-off transactions.
In the event of changes in prices after the Customer subscribes, LOCUTA will inform the Customer at least one month before the entry into force of the new rates.
The prices do not include any maintenance, assistance or after-sales costs or the costs relating to the internet connection and/or electronic equipment, which remain the responsibility of the Customer.
It is specified that LOCUTA also offers a free formula allowing access to the Service.
4.2. Payment methods
The price is payable upon subscription.
Payment is made online by bank card via the Stripe online payment service.
The Customer undertakes to pay the full price and to hold all the authorizations required to use the chosen payment method.
LOCUTA will be free to interrupt access to the Customer Service as soon as the first debit rejected by the Bank.
Article 5: CONTRACTUAL AND INFORMATIVE DOCUMENTS
LOCUTA provides the Customer with a certain number of documents on the Platform (invoices, results of campaigns, completed prospecting files, etc.), it is up to the Customer to download and keep them by his own means once these documents have been put online and/or communicated by LOCUTA.
In case of finding a missing document, the Customer is invited to contact LOCUTA in order to request the communication of the desired documents.
Under no circumstances can LOCUTA be criticized in the event that the documents are not/no longer accessible online.
Article 6: CUSTOMER OBLIGATIONS
By subscribing to the Service via the Site, the Customer undertakes to:
- pay the price fixed in accordance with Article 4, unless you benefit from the free trial phase;
- do not communicate your personal access codes to a third party;
- not to transmit the documents communicated by LOCUTA to a third party;
- comply with its obligations in terms of personal data;
- respect the CGV as well as the general conditions of use of the Site and the Platform;
- respect the rights of LOCUTA and third parties;
- comply with the applicable regulations in general.
The Customer undertakes to guarantee the compliance of all the above obligations by the persons in his company who would have access to the Platform and to communicate to them these GTC as well as the general conditions of use of the Site and the Platform.
Article 7: LOCUTA'S OBLIGATIONS AND GUARANTEES
As the Customer is a professional contractor in the context of its activity, LOCUTA is not bound by the legal obligation of compliance.
Nevertheless, it undertakes to offer a qualitative Service in accordance with the descriptions made on the Site and/or on its commercial documents and with the professional rules of its activity in use.
LOCUTA also undertakes to process the personal data transmitted by the Customer in accordance with applicable regulations and legislation and article 9.
Article 8: LIMITATION OF LIABILITY
8.1 Obligation of means
LOCUTA makes every effort to ensure the efficiency of the Service.
However, it is specified that LOCUTA is only bound by an obligation of means in communicating the information requested and not of result.
Indeed, the Customer is aware that the Service operates via artificial intelligence operating in a probabilistic manner.
Consequently, LOCUTA may inform the Customer that certain information collected is uncertain and requires subsequent verification either via the Service or directly on its part.
In this case, the Customer cannot blame LOCUTA for it.
8.2 Excluding certain calls
The Customer is informed that LOCUTA has put in place certain measures to ensure responsible use of the Service.
As such, certain calls may be excluded without the Customer being able to blame LOCUTA.
For example, these are calls requested by the Customer but that LOCUTA would consider too repeated and/or too close.
Calls to unsupported foreign numbers as well as surcharged numbers will also be excluded.
LOCUTA will inform the Customer without however having to justify its exclusion choices, which the Customer acknowledges and accepts.
8.3 Other cases of limitation of liability
Finally, and in general, LOCUTA declines all responsibility in the following cases:
- violation of the CGV and/or the general conditions of use of the Site and the Platform attributable to the Customer;
- faulty functioning of the Customer's infrastructure (hardware, software, operating system, etc.);
- malfunctions likely to occur in the Customer's network resources (bandwidth slowdown, Internet network congestion, etc.);
- interruption of the Service related to maintenance operations or technical incidents related to operating systems (e.g. viruses, breakdowns, etc.);
- delay or non-performance when the cause is linked to a case of force majeure (natural disaster, war, fire, strike, power outage, accident, transport delay, health crisis...)
- usurpation of the Customer's identity and/or fraudulent use of his personal space.
LOCUTA may suspend the Customer's account in the event of non-compliant use.
LOCUTA is exempt from any responsibility for any investment that would be made by the Customer as a result of the campaigns carried out as part of the Service and does not guarantee in any way the results obtained from the investments made as a result.
Article 9: PERSONAL DATA
9.1. Customer Personal Data
When creating his personal account, the Customer must provide the following information:
- Name and surname
- Phone number
- Email address
- Company name
- Position occupied
LOCUTA deploys all the necessary measures to ensure the security of the Customer's personal data.
However, LOCUTA cannot be held responsible in case of interception of said data by an unauthorized third party.
By application of Law No. 78-17 of January 6, 1978 and the General Data Protection Regulation of April 27, 2016 (hereinafter “RGPD”), the Customer benefits from a right of access, rectification and portability on this data, which he can exercise by sending a written request by postal mail to the company LOCUTA 18 rue de Guirauton 33700 MERIGNAC or by email to the address dpo@starleads.co.
The Customer also has the right to delete his personal account and his personal data, which he can exercise under the same terms and conditions.
The deletion of the Customer's personal account and personal data will take place within a maximum of one (1) month following receipt of the deletion request.
However, it is expressly provided that LOCUTA will have the right to keep certain data to ensure the defense of its interests in the event of a subsequent claim or dispute.
The Customer is referred to the general conditions of use present on the Site and the Platform with regard to LOCUTA's Privacy and Data Protection Policy.
9.2. Personal data of third parties transmitted by the Customer to LOCUTA
As part of the Customer's contractual relationship with LOCUTA, the latter acts as a subcontractor for personal data communicated by the Customer, who for its part is the data controller within the meaning of the RGPD.
The following provisions define the legal framework for the subcontracting mission of personal data transmitted by the Customer to LOCUTA as part of the Service.
9.2.1. Nature, purpose and duration of the treatment
The processing of personal data by LOCUTA is carried out in order to meet its contractual commitments to the Customer and more precisely to enrich, complete and correct, via a conversational artificial intelligence tool, the Customer's prospecting files that have been sent to it.
The treatment will last for the duration of the Service subscribed by the Customer and will last until the termination of contractual relationships between the Parties.
9.2.2. Persons concerned and data processed
The persons concerned by the treatment are the Customer's prospects and their staff listed in his prospecting file.
The data processed will be those transmitted by the Customer to LOCUTA, if necessary enriched by LOCUTA, namely:
- the name of a company and/or a third party;
- the telephone number of a company and/or a third party;
- the voice of the interlocutor picking up during the call session;
- the name of the contact person for the professional position sought;
- his direct telephone number;
- his email address.
The interlocutor answering during the call session may also spontaneously transmit data that can be processed by LOCUTA and then transmitted to the Customer (e.g. X has left the company, is on vacation, is on an appointment, etc.).
It is specified that the call session may be recorded and transcribed.
9.2.3. Customer Obligations
As data controller, the Customer is solely responsible for the personal data that he communicates to LOCUTA as part of the execution of the Service.
It guarantees LOCUTA against the consequences of a possible breach of its obligations under the RGPD.
In particular, the Customer undertakes to ensure that:
- the treatment requested from LOCUTA is lawful,
- the personal data transmitted to LOCUTA have been collected and processed by LOCUTA in accordance with applicable regulations and legislation.
Among other things, the Customer acknowledges having provided the required information to the persons concerned by the processing operations, at the time of data collection when personal data is collected from the data subject, or within the required time when the personal data was not collected from the data subject, in accordance with articles 12 to 14 of the GDPR.
Finally, the Customer undertakes to:
- provide LOCUTA with the necessary data in order to allow compliance with its contractual obligations in accordance with applicable regulations and legislation,
- document in writing any instructions concerning the processing of data by LOCUTA,
- ensure compliance with the obligations provided for by the RGPD in advance and throughout the duration of the treatment.
9.2.4 LOCUTA's obligations
LOCUTA undertakes to process the personal data communicated by the Customer as part of the Service in accordance with applicable regulations.
As such, LOCUTA is committed to:
- present sufficient guarantees as to the implementation of appropriate technical and organizational measures to meet the requirements imposed by the regulations in this area that it will present to the Customer at its first request,
- train its staff in order to comply with all its legal and regulatory obligations,
- process the data provided only for the intended purposes,
- subject all its personnel involved in the processing of personal data to an obligation of confidentiality,
- do not use a subcontractor without the prior written authorization of the Customer,
- not to transmit the personal data entrusted by the Customer to third parties, except to meet a legal obligation incumbent on him,
- not to transfer the data to a third country unless expressly authorized by the Customer, - inform the Customer without delay of any request that it may receive from persons concerned by the processing,
- inform the Customer in the event of a violation and/or loss of confidential personal data,
- help the data controller to fulfill its obligations to respond to the requests of the persons concerned by the processing in order to exercise their rights provided for in Chapter 3 of the RGPD,
- cooperate with the Customer in the context of data security and possible impact analyses,
- provide the Customer with all the information necessary to demonstrate compliance with the obligations provided for in this article and allow audits to be carried out and contribute to these audits,
- delete all personal data at the end of the contractual relationship governed by the CGV,
- destroy existing copies, unless its legal and regulatory obligations require it to keep them.
Article 10: COMPLAINTS
Any complaint from the Customer must be sent by post to the postal address of the company LOCUTA 18 rue de Guirauton 33700 MERIGNAC or by email to the address contact@starleads.co.
Article 11: INTELLECTUAL PROPERTY
Any reproduction, modification, transmission, exploitation and/or misuse under any process whatsoever of all or part of the Site, the Platform and/or their textual, software, visual, sound or other content is strictly prohibited under penalty of prosecution, in particular criminal proceedings.
The right to use the Platform granted by LOCUTA to the Customer cannot under any circumstances be considered as any transfer or exclusive license on the Platform, the software governing it or any of its elements.
LOCUTA reserves the right to sue any person who makes an unauthorized use of the Site and its content (trademarks, patents, patents, designs, models, software, graphics, logos, photographs, videos, videos, videos, scripts, diagrams,...) and/or in general uses or damages its image without its authorization.
The Customer is responsible for compliance with these provisions by its managers, collaborators and/or employees and is doing its best for them as such.
Finally, the Customer undertakes not to depreciate, in any way whatsoever, LOCUTA's brands, logos and other distinctive signs.
Article 11: TRANSLATION
The GTC are written in French but can be translated for the needs of its good understanding by the Customer.
In the event of a conflict of interpretation between the various versions of the GCS, it is expressly agreed that the French version of the GCS will always prevail.
Article 12: DISPUTE
Any dispute relating to the application and/or interpretation of the GTC is subject to French law.
It must be the subject of an amicable settlement attempt as a matter of priority.
As the Customer is a professional, it is expressly provided that in the absence of an amicable resolution, the dispute will be brought before the competent jurisdiction with regard to LOCUTA's head office.
