Preamble
OflowD is a B2B sales automation platform intended for companies seeking to optimise their outreach. These Terms of Use (hereinafter "ToU") define the conditions of access to and use of the Service. Any use of the Service implies full and unreserved acceptance of these ToU.
These ToU are accepted by the User upon creation of their Account, by ticking the box provided for that purpose (click-wrap). This electronic acceptance has the same legal value as a handwritten signature.
Article 1 — Publisher identification
The OflowD Service is published by:
- OflowD — Nicolas LECLERC (sole trader)
- SIREN: 528 457 021 — SIRET: 528 457 021 00038
- Registered office: 36 rue Professeur Moreau, 33200 Bordeaux, France
- Email: contact@oflowd.fr
- Publication director: Nicolas LECLERC
- Hosting provider: Render Services, Inc. — 525 Brannan Street, San Francisco, CA 94107, USA
VAT not applicable, article 293 B of the French General Tax Code.
Article 2 — Definitions
- "Service" or "Platform": all features made available by OflowD through its web interface.
- "User" or "Customer": any legal entity or natural person acting in a professional capacity who has created an Account.
- "Account": the User's secure personal space, created upon registration.
- "Data": all information provided or generated by the User in connection with their use of the Service.
- "Plan": the level of service subscribed to by the User (free or paid), determining the applicable features and limits.
- "Special Conditions": any written agreement between the Parties providing for terms derogating from these ToU. In the event of conflict, the Special Conditions prevail.
Article 3 — Purpose of the Service
OflowD is a B2B sales automation platform enabling, in particular, the automation of outreach sequences, the tracking of interactions and performance, access to dashboards and indicators, and the generation of reports.
The internal workings of OflowD's technologies are strictly confidential and constitute its exclusive know-how.
Article 4 — Access to the Service
4.1 Conditions of access
Access to the Service is reserved for professionals. The User accesses the Service by creating an Account and accepting these ToU. Depending on the Plan subscribed to, certain features may be restricted.
4.2 Free Plan
OflowD may offer a free Plan providing limited access to the Service. Users on this Plan accept the applicable feature and volume restrictions, as displayed in the Service interface.
4.3 Suspension and termination
OflowD reserves the right to suspend or terminate access to the Service, without notice, in the event of non-payment, breach of these ToU, fraudulent use, compromise of the Platform's security, or use that harms the reputation or deliverability of the Service for other Users.
Article 5 — Trial period
5.1 Principle
Upon creating their Account, the User may benefit from a trial period giving access to extended features for a set duration, displayed at registration. The trial is limited to one Account per legal entity.
5.2 End of the trial period
At the end of the trial period, in the absence of a subscription to a paid Plan, the User's Account is automatically switched to the free Plan. Features associated with the trial period are deactivated. Data remains accessible within the limits of the free Plan.
5.3 No financial commitment
The trial period gives rise to no invoicing and entails no payment obligation. No payment method is required to use it, unless otherwise stated at registration.
Article 6 — Acceptable use
6.1 User undertakings
The User undertakes to use the Service in a strictly professional and lawful context, to comply with all applicable laws and regulations, to keep their access credentials confidential, and not to carry out reverse engineering, scraping, or any systematic extraction of data from the Service.
6.2 Regulatory compliance of outreach
The User is solely responsible for the legal compliance of the prospect files and outreach content they use through the Service, in particular with regard to the GDPR, the ePrivacy Directive and applicable anti-spam regulations.
OflowD provides a technical tool. The User warrants that they have an appropriate legal basis for each processing of personal data carried out through the Service and assumes full responsibility for the lawfulness of their campaigns. The User indemnifies OflowD against any action, claim or penalty resulting from non-compliant use of the Service.
Article 7 — Technologies
OflowD relies on proprietary technologies whose detailed operation is strictly confidential. The analyses, indicators and recommendations generated by the Service are provided for information purposes. The User retains full responsibility for the business decisions taken on the basis of this information.
Article 8 — Availability
OflowD implements reasonable means to ensure the availability of the Service (best-efforts obligation). Temporary interruptions may occur for maintenance or deployment. OflowD will endeavour to carry these out outside business hours.
Article 9 — Pricing and payment
9.1 Pricing
The prices of paid Plans are displayed on the website and in the Service interface. OflowD reserves the right to change its prices at any time. Any price change is notified to the User at least thirty (30) days before it takes effect and applies from the next renewal.
9.2 Payment
Paid subscriptions are entered into directly between the Customer and OflowD. Payment is processed by OflowD's payment services provider, an independent controller for payment data.
9.3 Payment default
In the event of payment default, OflowD reserves the right to suspend access to paid features after a reminder has remained without effect for seven (7) days.
Article 10 — Data and confidentiality
The terms governing the processing of personal data are detailed in the Privacy Policy, available on the website and forming an integral part of these ToU. The conditions for the processing of personal data on behalf of the User (DPA) are governed by a specific agreement, forming an integral part of these ToU, available on request at contact@oflowd.fr.
Article 11 — Intellectual property
The Service, its architecture, interfaces, algorithms, databases and visual identity are protected by intellectual property law and remain the exclusive property of OflowD. Any reproduction, extraction or attempted reverse engineering without authorisation is strictly prohibited.
Data remains the property of the User. OflowD claims no ownership rights over the Data and uses it solely to perform the Service.
Article 12 — Limitation of liability
12.1 Best-efforts obligation
OflowD is bound by a best-efforts obligation. OflowD does not guarantee any specific commercial result.
12.2 Liability cap
OflowD's total liability, on any grounds whatsoever, is capped at the amount actually paid by the User during the twelve (12) months preceding the event giving rise to liability. For Users on the free Plan, OflowD's liability is limited to one hundred (100) euros.
12.3 Exclusions
Under no circumstances may OflowD be held liable for indirect damages, including but not limited to: loss of revenue, loss of data, loss of business opportunities, damage to reputation, or any consequential or incidental loss, even if OflowD has been advised of the possibility of such damages.
12.4 Outreach data
OflowD does not control and is not responsible for the quality, lawfulness or accuracy of the outreach data imported or used by the User. The User is solely responsible for the compliance of their files and business practices.
Article 13 — Force majeure
Neither Party shall be liable in the event of force majeure within the meaning of article 1218 of the French Civil Code.
Article 14 — Term and termination
14.1 Term
Subscriptions to paid Plans are taken out for monthly or annual periods, at the User's choice upon subscription. The subscription is tacitly renewed for identical periods, unless terminated by either Party.
14.2 Termination by the User
The User may terminate their paid subscription at any time. Termination takes effect at the end of the current billing period. No refund is due for the period already started.
14.3 Termination by OflowD
OflowD may terminate the User's access in the event of a breach of these ToU, after a formal notice has remained without effect for fifteen (15) days, or without notice in the event of a serious breach (fraudulent use, security compromise, spam, unlawful activity).
14.4 Data retrieval
In the event of termination or cessation of use, the User has thirty (30) days to retrieve their Data. After this period, OflowD will permanently delete it, save for any legal retention obligation.
14.5 Special Conditions
Special Conditions may provide for different terms regarding duration, commitment and termination. In the event of conflict with this article, the Special Conditions prevail.
Article 15 — Dispute resolution
OflowD serves business customers exclusively (B2B).
The Parties undertake to seek an amicable solution before taking any legal action. Failing amicable resolution within thirty (30) days, the dispute shall be submitted to the competent courts.
Article 16 — Governing law and jurisdiction
These ToU are governed by French law. The courts of Bordeaux shall have sole jurisdiction over any dispute relating to the interpretation or performance hereof.
Article 17 — Amendment of the ToU
OflowD reserves the right to amend these ToU at any time. Any amendment will be notified to the User at least thirty (30) days before it takes effect. Continued use of the Service after the amendments take effect constitutes acceptance of the new ToU. In the event of disagreement, the User may terminate their subscription under the conditions set out in Article 14.