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General conditions of use

General conditions of use of Unipile, universal messaging client

Preamble

Unipile, SAS registered at the RCS of Roanne under the number 885 265 595 and whose head office is located at 168 rue de la Rotonde 42153 RIORGES (hereinafter “Unipile”) develops an application of messaging client type. It centralizes different sources of messages, proposes an integrated agenda, allows users to send messages and process their daily tasks.

1. Purpose of the User Agreement

The purpose of the present General Terms of Use is to define the terms of use of the Unipile solution. They are a binding legal agreement between Unipile and any user of the www.unipile.com platform, mobile/PC/Mac/Linux applications (hereafter “the User”).

The user refers to any natural or legal person using Unipile’s services or applications. The present conditions of use constitute a contract between Unipile and the User. By subscribing to or using the Website, the Services, the applications, the User declares to have read and accepted without reservation the current version of these General Conditions of Use.

2. Account creation and access to applications

The use of Unipile’s applications can be done by freely downloading the applications on the website www.unipile.com, on the Google Play Store, Apple App Store platforms, or by creating an online account.

The user is responsible for the sincerity of the information he/she provides and undertakes to update his/her information or to notify Unipile without delay of any change affecting his/her situation.
The user agrees to notify Unipile without delay, and by any means, of any communication to third parties or theft of his password.

The User is solely responsible for the use of the Services under his password until he has requested Unipile to change it.

The password can be changed at any time. The account can also be canceled at any time following the user’s request to the customer service by sending an email to start@unipile.com or by logging on to his customer area. start@unipile.com by logging on to his user account.

The user agrees to respect the common-sense rules for the use of his password, in particular, to change it regularly (ideally every month), not to divulge it to an unauthorized third party, to use a password of at least 8 characters including upper and lower case letters, numbers and special characters, not to use it on a public or unsecured computer, not to use the same password on another software or Internet site, not to make the password visible on his workstation or in a free consultation.

Unipile can’t be held responsible for any fraudulent use of the user’s account.

3. Entry into force and duration of the contract – Duration, Billing, Termination, and Migration

As described above, users can use the Unipile applications for free. The use of the free service is explained when you use the Unipile applications. The free service does not require any means of payment. Users can stop using this service at any time and delete the data of their administration account if they had created one in their customer area.

Users can also subscribe to paid subscriptions for more advanced features.

A free subscription continues until it is terminated, whereas a paid subscription has a term that can expire or be terminated. The contract remains in force until all subscriptions ordered have expired or been terminated. Termination of this contract terminates all subscriptions. The termination is done from the customer area.

Unless otherwise stipulated by the user, all paid subscriptions renew automatically without the need to go through the administration interface. The renewal is equal to the duration of the previous period. The unit price applied during the automatic renewal is equal to the price of the previous period.

Our billing system operates on a usage-based model. The number of connected accounts on the user’s account during the billing period determines the billing volume at the end of the period. For example, if a user has connected 106 accounts during the period, they will be billed for 106 times the unit cost defined in their pricing grid available in their personal space. Regarding the termination of the subscription, any ongoing period is due in full. The billing amount for the last month will be determined according to the same calculation rules explained earlier.

Unipile may change its fee and billing practices at any time, but such change will only be effective beginning with the next subscription period or if the user changes their subscription type.

In any case, the Contracts will remain in force until they are terminated by the user or by Unipile. Unipile may terminate the Agreements or suspend access to the Unipile Services at any time, including in the event of actual or suspected unauthorized use of the Unipile Services or Content, breach of the Agreements, or if Unipile withdraws Services (in which case Unipile will notify you within a reasonable time). In the event of termination of the Agreements, by the user or Unipile, or if Unipile suspends access to the Service, Unipile will not assume any liability to the user and will not refund any amounts already paid by the user, to the extent permitted by applicable law.

If charges that are owed to Unipile by User are thirty (30) days or more in arrears, Unipile may, without limiting its other rights and remedies, revert any priced Service to free plans until such amounts are paid in full, provided that Unipile has given User ten (10) or more days prior notice that its account is in arrears. The customer acknowledges and agrees that downgrading to a lower package will result in a reduction in certain features and functionality and a possible loss of access to User Data, as illustrated by the package comparison in the pricing grid accessible in the user account.

In the case of migration of service from a boost offer to a team offer, the user will benefit from a credit note to cover the double billing period, calculated as follows: (End date of Boost subscription – (Day of Team subscription +1)) x (30-day subscription amount).

4. Choose to be a Beta tester

We are looking for beta testers to help us test our new features. These features will be identified as a “beta” version, or with terms or phrases having similar meanings (hereinafter individually referred to as a “Beta Product”). Beta Products may not be ready for deployment. Therefore, they are available “as is”, and any warranties or contractual commitments we make for other services will not apply. We encourage the user to report any problems with our beta products; the main reason we run beta programs is to eliminate problems before we make a new feature widely available.

5. Definition of services

Unipile offers two primary products:

5.1 Unipile Messaging Application

Our messaging application is designed to centralize information from various external messaging systems, making it convenient for our users to manage their communications in one place. Our application allows you to access and send messages from the following messaging channels: Gmail, Outlook, IMAP, WhatsApp, Linkedin, Facebook Messenger, Instagram, Twitter, Google Calendar… You can choose which channels to integrate into Unipile based on your preferences. Additionally, Unipile enables communication within teams or groups as defined on our website (www.unipile.com). You can also connect and manage third-party calendars, create, modify, or delete events seamlessly.

5.2 Unipile API Solution for Software Publishers

Our API solution is designed for software publishers, allowing them to integrate their users’ messaging channels into their software applications. Just like in our messaging application, the supported messaging channels include Gmail, Outlook, IMAP, WhatsApp, Linkedin, Facebook Messenger, Instagram, Twitter… and Google Calendar. This solution empowers software publishers to enhance their software with robust messaging capabilities.

6. Use of the services

Each site declares that it complies with the regulations applicable to its activity.
In a general way, the User guarantees that the information sent via the Unipile Services does not contravene any legal, regulatory or international convention provision applicable to him and in particular, the provisions in force in France, in the State in which the User carries out his activity and in the State in which the persons appearing in his contact books reside, nor the rights of third parties.

6.1 Intellectual and industrial property rights of the user
The user is the only owner of the data it uses in the Unipile applications. Subject to the terms of use of the Agreement, the User authorizes Unipile to use its name, its brand, and its visual identity for the sole purpose of performing the Services.
The user guarantees Unipile that he/she has full power and capacity to exploit and grant the intellectual and industrial property rights and that these rights are not in any way assigned, mortgaged, encumbered, or in any way devolved in favor of a third party.
The user also guarantees that he/she has not done and will not do, through a transfer to a third party or by any other means, any act that could compromise the use of the intellectual and industrial property rights. The user also guarantees that no litigation or lawsuit is pending or about to be filed involving the intellectual property rights.
In addition, the user undertakes to guarantee Unipile against any third party claim as well as any sentence that would be pronounced against him/her resulting from the non-respect of the present article.

6.2 Unipile’s intellectual and industrial property rights
Unipile owns the entirety of its services including all intellectual property rights thereto. Unipile makes software components available to users via application stores or other channels. Unipile grants the user a limited, non-sublicensable, non-assignable, non-exclusive license.
All programs, services, processes, designs, software, technologies, trademarks and trade names, inventions appearing on the website, accessible through the Site or the application stores are the property of Unipile.
The User agrees not to use, in any manner whatsoever, the site, the services, or any of the elements set forth above for any purpose other than those set forth herein.

7. Personal data

Unipile has taken all the necessary precautions to preserve the security of personal data and in particular to prevent them from being distorted, damaged, or accessed by third parties.
The management of our users’ personal data is the subject of a dedicated document Privacy Policy and Data Protection.

8. Responsibility of the user

8.1 Rights granted
The user is required to comply with the Agreement and the general terms of use. The Unipile services are the property of Unipile. The user is granted a limited, non-exclusive, revocable license to use the Unipile service. This license shall remain in effect until terminated by the User or by Unipile. Unipile’s software applications are licensed to the User, not sold, and Unipile retains ownership of all copies of Unipile’s software applications even after they have been installed on the User’s computers and mobile devices.

All logos, trademarks, service marks, brand names, domain names, and any other characteristics of the Unipile brand are the exclusive property of Unipile. The contract does not grant any right to the user to use any characteristic of the Unipile brand, whether for commercial or non-commercial use.

8.2 Third party applications
Unipile’s services may integrate and interact with third-party applications, websites, and services when you choose to add additional message sources or channels to your user account. It’s important to note that Unipile serves as a gateway for connecting to these third-party services and does not assume responsibility for the actions and usage of our users. We are also not liable in the event that a messaging provider decides to block accounts connected through Unipile.

Unipile acts as a facilitator, allowing users to link their messaging accounts to our platform for the purpose of centralization and improved communication. It is crucial for both software publishers and individual users to adhere to the terms of service and policies of the messaging providers whose services they access through Unipile.

Unipile reserves the right to block or delete accounts that do not comply with the rules and policies of messaging providers. The decision to enable or disable third-party services is solely at the discretion of the user, and any usage of such services is a direct agreement between the user and the respective third-party provider.

When a third-party service is enabled on a user’s Unipile Services, it is the user’s responsibility to be aware of the data shared with the third-party provider and the reasons behind the provider’s access to such data. Unipile does not validate or assume responsibility for the behavior, functionality, content, or any transactions that users may engage in with the providers of these third-party services.

Users are encouraged to exercise caution and thoroughly review the terms, conditions, and policies of third-party providers when integrating their services with Unipile.

8.3 Software Publishers and Their Users
8.3.1 User Compliance with Terms of Use
Software publishers integrating Unipile’s API into their applications are responsible for ensuring that their users adhere to the terms of use and policies set forth by Unipile. This includes but is not limited to rules of usage and responsibilities outlined in these terms.

8.3.2 Data Access and Security
Software publishers utilizing Unipile’s API solution will have access to the data of their users. In this regard, they must implement robust security measures and maintain strict confidentiality with respect to the data of their users. It is imperative that software publishers prioritize the security and privacy of user data in accordance with relevant laws and regulations.

9. Responsibility of unipile

9.1 Service Reliability and Security

Unipile is committed to maintaining the reliability and security of its services. We strive to implement best practices in security to safeguard user data. Unipile also commits to respecting user privacy by refraining from accessing the information stored on our servers. Users’ messages are stored on our servers during the account connection process and are deleted when the associated email account is removed.

9.2 Service Interruptions and Updates

While Unipile makes every reasonable effort to ensure the smooth operation of its services, it’s important to note that certain factors such as technical difficulties, maintenance, testing, or application updates may lead to temporary interruptions. In such cases, we will endeavor to restore service as quickly as possible. It’s important to understand that Unipile does not guarantee a specific service level agreement (SLA). We operate on a best-effort basis, and our commitment is to make reasonable efforts, but we do not guarantee uninterrupted service. We are bound by an obligation of means rather than results.

Furthermore, providers of messaging services may occasionally update or modify their services, potentially resulting in temporary unavailability of certain features. Unipile is not responsible for the choices and actions of these providers, and we do not provide refunds or compensation for any service interruptions or feature changes that may occur.

9.3 Subscription Flexibility

Unipile does not impose a commitment to service duration or continuity. We acknowledge that our business involves complex research and development. Subscriptions to our services may be terminated at any time, either by the software publishers (subscribers) or by Unipile.

9.4 User-Generated Content

Unipile will not be responsible for any content added, imported, created, sent, or received by users on our services. Users retain sole responsibility for the content they interact with or generate while using Unipile.

10. Modification of benefits

Unipile may occasionally make changes to the Contracts for valid reasons, such as improving existing functions or features or adding new functions or features to the Service, implementing technological advances and reasonable technical adjustments to the Service, ensuring the operation or security of the Service, and for legal or regulatory reasons. In the event of a material change to this Agreement, Unipile will inform the User through appropriate notifications, for example, by posting a visible notice or requesting the User’s consent in the Unipile Administration Service or by sending an email. In some cases, Unipile may provide notice to the user and continued use of the Service after changes are made will constitute acceptance of those changes. Be sure to read these notices carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.

11. Force majeure

No one, neither Unipile nor the user, shall be liable for any failure or delay in performance of its obligations under these terms as a result of events beyond the reasonable control of any party, such as denial of service attacks, failure of a third-party host or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

12. Jurisdiction – Applicable Law

The general conditions of use are governed solely by French law.
Any dispute between the Parties arising from the validity, interpretation and/or execution, termination, breach, of the general conditions of use will be submitted for the most diligent party to the Commercial Court of ROANNE, including in case of summary proceedings, appeal in warranty and/or a plurality of defendants.

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