GENERAL TERMS AND CONDITIONS OF SALE
The company DIDUENJOY (hereafter “DIDUENJOY”) is a simplified joint-stock company with a capital of €1,000, registered at the Paris Trade and Companies Registry under the number B 801 901 273, headquartered 8, rue Cadet à Paris (75009). Its activity is to develop and operate a website (hereafter the “Website”) accessible at the following URL Address: https://www.diduenjoy.com.
DIDUENJOY created a Platform (as defined hereafter) whose goal is to help professionals measure in real-time the customer satisfaction level of End-Users (as defined hereafter).
The Website is destined for professionals only. Registering as a « Subscriber » is reserved for legal persons acting as professionals (freelancers, business corporations, liberal professions, cooperative companies, etc.), excluding all private individuals.
All users are kindly requested to carefully read the following General Terms and Conditions before registering on the Website as a Subscriber.
ARTICLE 1 – Definitions
Included in the General Terms and Conditions are terms defined as follows:
Refers to all Website users, who are practicing a professional activity of physical and/or digital commerce, and that have a DIDUENJOY Subscription to use its Services;
Refers to the flat flee all Subscribers have subscribed to in order to use one or many Services;
Refers to all legal persons likely to respond to the Surveys sent out by Subscribers;
- «Terms & Conditions»
Refers to the contract, herewith, that represents all of the existing contractual relations between DIDUENJOY and the Subscriber;
Refers to any methodological research done by a Subscriber, for its end-users, using services provided by DIDUENJOY, with the goal of getting actionable insights on its image and/or products and/or services;
Refers to the user name and password combination used by Subscribers to access the Platform and Services offered by DIDUENJOY;
Refers to the worldwide digital telecommunications network, that sends information via servers with the help of specific protocols, destined for all terminals, existing and to exist, directly or indirectly connected to a terminal, in view of transmitting, handling or receiving information;
Refers to the Website or application used by DIDUENJOY to which the Subscriber will have access to in order to use the Service with the help of an internet connection;
Refers to the services provided by DIDUENJOY to Subscribers. The Service allows Subscribers to generate Surveys from a database of questions, to market them using a variety of means (QR codes, emails, tablets, social network, etc.), to encourage End-Users to respond thanks to a reward system, to exchange with End-Users, and to follow how satisfaction levels change over time in each department.
To this end, Subscribers will have access to:
- personalized access to a dashboard (or « Dashboard ») that presents automatically generated survey results in real-time, accessible by an unlimited number of users with an account set-up,
- a chat which enables them to converse directly with the Final Clients by means of a conversation box,
- an electronic mailbox which enables them to send questionnaires to the Final Clients and, more generally, to exchange with them, with the help of an anti-spam system set-up by the subscribers,
- a back-office which provides them regular assistance in the management of their interface,
- an email alert system and / or a recap system which they can set up in function of their needs (alert types, frequency, recipient, etc.),
- a programming interface ("API") to synchronize their databases with those of DIDUENJOY,
- And a tool to export the results of investigations on their own websites or in CSV format.
- « WebSite »
Refers to the website that was created, developed, and operated by DIDUENJOY and accessible at the following address: https://www.diduenjoy
The terms used in the following document will have the same meaning all throughout whether they are used in singular or plural.
ARTICLE 2 – Purpose of the General Terms and Conditions
2.1 – These General Terms and Conditions are intended to define the conditions of access and use of the Site and Platform.
2.2 – The Subscriber agrees to comply with the entirety of these General Terms and Conditions, which apply to the whole Service, during each Site visit. Accordingly, the Subscriber fully agrees to these Terms and Conditions, without any reservation, solely by the act of accessing the Site.
2.3 – These Terms and Conditions supersede any contractual or suggested document pertaining to the Subscriber. They express the entire agreement between the Subscriber and DIDUENJOY.
2.4 – DIDUENJOY reserves the right to modify, at any time, and at its sole discretion, these Terms and Conditions. The new Terms and Conditions will be sent to the Subscriber DIDUENJOY by email to the address on the account of the Subscriber and will be subject to validation at least fifteen (15) days before they take effect. In the event that the Subscriber does not accept these amendments, the Subscriber will be free to terminate its Subscription from its account on the Site - such termination taking effect at the next monthly subscription term. If the Subscriber fails to terminate the Subscription, the new Terms and Conditions will be applicable from the next deadline subscription. DIDUENJOY will record and retain traces of this validation in its computer systems and all information on the techniques used to ensure proper conservation and keep them available to the Subscriber.
2.5 – These Terms and Conditions are the property of DIDUENJOY. Consequently, and without this list being exhaustive, any dissemination, exploitation, representation, reproduction or use, total or partial, in any medium, of these Terms and Conditions for purposes other than strictly personal and non-professional, is subject to the prior authorization of DIDUENJOY. Without this authorization, the offender is liable to charges and to criminal and civil prosecution pursuant to the law.
ARTICLE 3 – Implementation and use of the Service
3.1 – When registering, the Subscriber is assigned Identifiers by DIDUENJOY, which are strictly personal and confidential. The Subscriber therefore explicitly agrees to maintain their confidentiality and to bear all the consequences arising from their voluntary or involuntary disclosure. The Subscriber also agrees to provide all the relevant information to DIDUENJOY necessary for them to set up, survey, or investigate the account.
The Subscriber may not assign, exchange, lend or otherwise grant to a third party, even free of charge, the right to use the Service, considering the fact that the Subscription is strictly personal. The Subscriber namely agrees not to offer, to any other person or entity, access to the Site under the Subscriber’s Identifiers. The Subscriber alone will bear the consequences of the use of his subscription by a third party, even that which occurred without his knowledge.
The Subscriber agrees to allow DIDUENJOY’s representatives to ensure the use of the Service pursuant to every aspect of these Terms and Conditions.
ARTICLE 4 – Maintenance and evolution of the Site
4.1 – The Subscriber acknowledges and agrees that DIDUENJOY can not guarantee a continuous and secure access to the Site and / or the Platform since its operation can be affected by many factors that DIDUENJOY does not control (including, but not limited to: all malfunctions of electricity and telecommunications services, all malicious actions perpetrated by hackers and all exceptional cases).
Consequently, the responsibility of DIDUENJOY will not be sought because of any delay or disruption that could affect the Site and / or the Platform of viruses or malicious software malfunction, bug, and any error or inaccuracy affecting the Site and / or the Platform.
4.2 – DIDUENJOY retains the right to temporarily suspend, without compensation or notice, access to the Site and / or the Platform in order to ensure maintenance activities associated with technological developments or necessary for the continuity of the Service. The Subscriber disengages the responsibility of DIDUENJOY in this respect and waives all claims and / or proceedings pertaining to this eventuality. The temporary service interruptions will, to the extent possible, be notified via the Site a minimum of twenty-four hours before they occur, except in cases when such interruptions are urgent.
4.3 – The Subscriber acknowledges and agrees that DIDUENJOY has the right to modify or update its equipment, its operating system, and, in general, all or part of the Site, in order to remain up-to-date with technological developments.
4.4 – DIDUENJOY retains the right to permanently end the Service, without being responsible for any compensation. Any permanent closing of the Service will be notified via the Website at least 1 (one) month in advance. In this event, the Subscriber will not be liable for any payment from the termination date of the Service.
Article 5 – Duration and end of the Subscription
5.1 – DIDUENJOY offers a free trial offer of the Service for a period of fourteen (14) days, limited to one time (for the same IP address and / or same email address).
5.2 – Subscription plans are applicable for a period of one month, tacitly renewable from month to month.
5.3 – The Subscriber may terminate the Subscription at any time from his account on the website by clicking the “Terminate my subscription.” The termination will be effective at the end of the current Subscription period, provided that notification was sent at least 48 (forty-eight) hours before the end of the term.
5.4 – The Subscriber’s rights of use of the Service will be automatically and immediately terminated on the date of termination of the Subscription. The Subscriber will then be prohibited from using Identifiers in any way for any reason whatsoever.
5.5 – DIDUENJOY agrees not to retain data after termination of the Subscription for any reason whatsoever.
Article 6 – Financial Conditions
6.1 – Subscription plans offered by DIDUENJOY (Merry, Happy, Pleased, Joyful, Delighted or Blessed) depend on the number of surveys submitted each month to the End-Users. All these formulas give Subscribers unlimited access to the features offered.
6.2 – Subscription plan prices are indicated on the Website in Euros with all taxes included.
6.3 – Various payment methods are offered on the Website. Subscribers may pay their subscription by credit card, Visa or MasterCard issued in French territory by a French bank. Financial transactions pertaining to the payment of the Subscription are handled by Stripe, a provider of secure payment solutions on the Internet, which ensures process and safety. DIDUENJOY is not involved in these services, which are carried out under the sole responsibility of Stripe.
Payments are made in advance when the subscription plan is selected and then every month by direct auto-debit from a bank account until the Subscription is terminated, whether the termination is initiated by the Subscriber or by DIDUENJOY.
6.4 –The Subscriber guarantees DIDUENJOY that it has the necessary permission to adjust the price of the Subscription as provided in this section. The Subscriber agrees to do whatever is necessary so that the direct auto-debit of the amount of the Subscription can be made. Failing to pay the subscription amount due each month will result in DIDUENJOY initiating the termination of the Subscription and precluding access to the features corresponding to the Subscription.
6.5 – DIDUENJOY retains the right to change the price of subscription plans. In this event, DIDUENJOY will inform each Subscriber via email, at the email address that the Subscriber in question provided during registration (or subsequently modified on the account), of any rate increase, at least 15 (fifteen) days before it enter into effect. In the event that the Subscriber does not accept this price increase, the Subscriber may terminate the Subscription on the Site from his account, such termination taking effect at the next monthly subscription term. In the event that the Subscriber fails to terminate the subscription, the new pricing will be applicable from the next subscription renewal date, following the effective date of the new rates.
Any increase in the VAT (value added tax) will be automatically and immediately reflected in the price of the Service. The same will apply in the event that a new tax is created that would be based on the price of the Service and for which DIDUENJOY would become liable. Termination conditions provided in case of Subscription plan price changes referred to above will apply under the same conditions in case of price changes resulting from the increase or creation of new taxes.
Connection and communication costs (Internet) related to the use of the Service is not supported by DIDUENJOY and remain the responsibility of the Subscriber.
ARTICLE 7 – Property
7.1 – Property of the Site
7.1.1 – With the exception of information, photographs, articles and brands published on the Site and on the Platform that are not the property of DIDUENJOY, all the elements constituting the Website and / or the Platform (text, graphics, software, photographs, images, videos, sounds, drawings, names, logos, brands, creations and various copyrightable works, databases, etc.) and the Website and Platform themselves, are subject to French and international Copyright and Intellectual Property laws (including Articles L.122-4 and L.122-5. of the Code of Intellectual Property).
These elements are the exclusive property of DIDUENJOY, except for items made by outsiders who have not transferred their copyright. Therefore, the Subscriber agrees in particular not to:
-Use or question the Site and /or the Platform for the account of or benefit of a third party;
-Duplicate, for commercial purposes or not, the information contained on the Site and / or the Platform;
-Integrate all or part of the Site content and / or the Platform in another site, for commercial purposes or not;
-Use any robot, including exploration ("spider"), a search application or websites recovery or other means to retrieve or index any part of the contents of the Website and / or the Platform, except in case in which DIDUENJOY provided its prior and explicit consent;
-Copy the information on media of all kinds for reconstructing all or part of the original files.
Furthermore, the Subscriber must take all necessary measures, including security, toward the staff as well as toward any third party linked to the sites, in order to ensure compliance with DIDUENJOY’s ownership rights on the Site and / or the Platform.
7.1.2 – Any use of elements of the Site and / or the platform that was not explicitly authorized may constitute a violation of copyrights, rights to the image, the rights of people or all other rights and regulations. It can thus engage the civil and / or criminal liability of its author. In this respect, DIDUENJOY retains the right to take every possible legal recourse against people who do not observe the prohibitions contained in this article. Notwithstanding the foregoing, DIDUENJOY may authorize any Subscriber to incorporate into a binding site, one or more hyperlinks to the home page of the Site, provided that such use is made for non-commercial purposes, pursuant to laws and / or regulations in place, and that it does not infringe upon or damage the honor and reputation of DIDUENJOY. DIDUENJOY retains the right to take all appropriate measures to eliminate unauthorized connections and, in any case, withdraw permission to link at any time without notice.
7.2 –Property of content. The data contained within the Site concerning particular products and / or services and / or trademarks of the Subscriber remain, in any event, the exclusive property of their owners. In order to enable DIDUENJOY to provide the Site with content, the Subscriber grants DIDUENJOY a non-exclusive free sub-license of the content published on the Site (including texts, images, photographs, logos, illustrations, trademarks, designs, titles, data, etc.), as it is progressively added online, which applies to the whole world and for the duration of their protection under applicable laws, for the purpose of reproduction, exploitation and suppression on the Site, whatever the content, features, versions and modes of dissemination of the Site, provided that this sub-license to DIDUENJOY includes the right to correct, amend or remove the content, namely for technical reasons, for the purpose of providing the content to the Site. These rights include the right to reproduce, distribute, adapt, modify, translate, sublicense, and communicate to the public all or part of the content by any means, on any and all media formats (digital, printed, etc.) known or unknown to date.
The Subscriber guarantees DIDUENJOY the peaceful and full enjoyment of the rights granted.
ARTICLE 8 – Personal Data and Cookies
8.1 – Personal Data. The personal data of the Subscribers collected on the Site are treated by DIDUENJOY, for the following purposes: management of the Site and the Platform, enrollment management and creation of accounts, providing the Service, contract management, subscription payment management. The information to be provided on a mandatory basis is identified as such on the registration form. Failure to provide this information will result in the user not being able to register as a Subscriber. The personal data processed may be communicated to DIDUENJOY’s subcontractors, financial organizations, any business related to DIDUENJOY through editing and administration of the Site and the Platform, to administrative and judicial authorities, DIDUENJOY’s lawyers and counsels, and anyone involved in the context of an audit of DIDUENJOY. In accordance with the “information and freedoms” act of January 6th, 1978, amended in 2004, any Subscriber has a right to access and rectify information concerning them and can exercise this right by contacting email@example.com. Any subscriber can also, for legitimate reasons, oppose the processing of data concerning them.
ARTICLE 9 – Guarantees
9.1 – The Subscriber explicitly declares to have acquired all the rights and permissions relating to the data it could incorporate into the site and will acquire, as appropriate, all necessary approvals from third parties mentioned, cited or represented, preventing them to disturb the operation of the Site by relying on the right to respect for their image, personality, privacy, honor, and reputation. More generally, the Subscriber guarantees DIDUENJOY, against all troubles, demands, or any evictions that may affect the normal enjoyment of the operation of the Site.
9.2 – The Subscriber is personally liable to third parties as well as to DIDUENJOY for non-compliance with this section and will repair them for all damages they may incur as a result of their breach of any commitment. In addition to the guarantee coming from any possible sentence given here, the Subscriber adds the guarantee of all interest and other costs incurred by DIDUENJOY, including all court costs, attorney fees and court workers.
ARTICLE 10 – Responsability
10.1 – DIDUENJOY agrees to perform obligations for which it is responsible with all the care in use in its industry and to comply with the rules of art in force. DIDUENJOY may use subcontractors of its choice for the realization of the Service and will remain solely responsible to the Subscriber for the fulfillment of its obligations. DIDUENJOY will, in any event, be bound by an obligation of means and not one of result.
10.2 – The Subscriber agrees to cooperate in good faith with DIDUENJOY and to promptly provide all relevant information in order to deliver the most efficient service possible. The Subscriber agrees to promptly update the information provided to DIDUENJOY and will be solely responsible for the possible consequences which might result from failing to update such information.
10.3 – The Subscriber agrees to not provide to any other person access to the Site under his identity or any pseudonym and alone bears the consequences of the use of his account, even unwittingly, by a person using his user name and password.
10.4 – The Subscriber agrees to back up and archive on its own the content posted on the Site. DIDUENJOY cannot be held responsible for preserving or archiving the content posted by the Subscriber.
10.5 – As part of each survey, the Subscriber acknowledges and agrees that End-Users will be encouraged to leave comments and other experience feedback with respect to its products, services, and image. As such, the responsibility of DIDUENJOY will not be sought as to the consequences of the publication and dissemination of these comments.
10.6 – Notwithstanding the provisions under this section, in the event that DIDUENJOY was found liable to the Subscriber by a competent court, its liability cannot exceed the total amount of monthly payments that the Subscriber paid DIDUENJOY during the twelve (12) months preceding the liability in question.
ARTICLE 11 – Suspension and / or early termination initiated by DIDUENJOY
Notwithstanding any reparation for damages that DIDUENJOY might seek, DIDUENJOY retains the right to suspend access service to a Subscriber and / or terminate the Subscription, without notice or compensation, in case of:
- Breach by the Subscriber of these Terms and Conditions (including cases of infringement of intellectual property rights DIDUENJOY and / or its licensors, multiple and simultaneous connections to the same account for the Service, providing false information when registering the Service);
- Total or partial non-payment of the subscription fee;
- Acts contrary to DIDUENJOY’s commercial interests.
ARTICLE 12 – General Provisions
12.1 – Independence of the parties involved. The parties involved acknowledge and agree that they will not, under any circumstances, make a commitment on behalf and / or on behalf of one another. In addition, the parties involved remain solely liable for its actions, allegations, commitments, and services.
12.2 – Relations between parties involved. The parties involved acknowledge and agree that their cooperation will in no way be considered as establishing between them a de facto company, joint venture or any other situation causing them any reciprocal representation or solidarity with their respective creditors.
12.3 – Severability. If any provision of these General Terms and Conditions is held void or unenforceable under applicable laws or by a final court decision, it will be modified in order to obtain its validity or will be deemed invalid, without, however without causing the nullity of these General Terms and Conditions, or altering the validity of its other provisions.
12.4 – No Waiver. The fact that either party does not claim the application of any provision of the Terms and Conditions or accept the impossibility to enforce them, either permanently or temporarily, can not be interpreted as and cannot constitute a waiver of that party's right to subsequently enforce such provision or any other provision of the Terms and Conditions.
12.5 – Relevant Law, Jurisdiction. These Terms and Conditions are governed by French law. Any dispute which could lead to interpret, validate, and to exercise the right to enforce these General Terms and Conditions rests upon and falls within the exclusive jurisdiction of the courts of Paris.