General conditions of use of Unipile

Preamble
This user license agreement (“Agreement”) constitutes a legal agreement between you (“User”) and Unipile (“Company”) for the use of Unipile’s services and APIs. By accessing or using Unipile’s services, you agree to be bound by the terms and conditions of this Agreement.

1. Acceptance of Terms
By using Unipile’s services, you unreservedly accept these general terms and conditions, privacy policies, and any additional rules or policies we publish. The terms and conditions include, but are not limited to:

• General Conditions: You must read and accept all the terms of this Agreement and the relevant policies, such as the privacy policy and API policies, before using our services. If you do not accept these terms, you must not use our services.
• Changes: Unipile reserves the right to modify the terms and conditions at any time. Changes will take effect immediately upon their publication on Unipile’s website. It is your responsibility to regularly check for updates to these terms. Your continued use of the services following the publication of changes constitutes your acceptance of the new terms.
• Eligibility: You must be at least 18 years old to use our services. By using our services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and comply with all terms and conditions set forth herein.
• Compliance with Laws: You agree to use Unipile’s services only for lawful purposes and in compliance with all applicable local, national, and international laws. Any use of the services for illegal or unauthorized purposes is strictly prohibited.
• Accounts and Security: You are responsible for maintaining the confidentiality of your account and password. You agree to notify Unipile immediately of any unauthorized use of your account or any other security breach. Unipile will not be liable for any loss or damage resulting from your failure to comply with this security obligation.
• By accepting these terms, you also acknowledge that you have read and understood our privacy policy and cookie policy, which explain how we collect, use, and share your information.

2. Description of Services
Unipile provides an API service enabling software or application publishers to easily connect various messaging platforms, including LinkedIn, Email (Google, Microsoft, and other IMAP providers), WhatsApp, Instagram, and Telegram. These integrations allow publishers to synchronize their users’ messaging solutions directly within their software.
This includes, but is not limited to:

• User Authentication: Enabling user connection through an integrated or customizable login system.
• Email, Message, and Contact Management: Synchronizing message history, receiving, and sending new messages.
• Access to Additional Features: Enabling message sending and information retrieval specific to each supported platform.
• Support and Assistance: Unipile provides dedicated user support to help you integrate our APIs. We provide documentation, tutorials, or live assistance.

3. Use of Services

Access and Use:
The User is authorized to access and use Unipile’s services solely for lawful purposes and in compliance with the terms and conditions of this Agreement. Any use of the services for illegal, fraudulent, or abusive purposes is strictly prohibited.

User Obligations:

• Accurate Information: The User must provide accurate, complete, and up-to-date information when creating an account and using the services. Any inaccuracy or omission may result in suspension or termination of the account.
• Account Security: The User is responsible for maintaining the confidentiality of their account identifier, password, and API key. They must immediately inform Unipile of any unauthorized use of their account or other security breaches.
• Personal Use: The services are intended for the User’s professional use only. Reselling, distributing, or transferring access to the services to third parties without prior authorization from Unipile is prohibited.

Restrictions:

• Abusive Use: It is prohibited to use the services in a manner that could damage, disable, overload, or impair Unipile’s servers or the networks connected to them. Any attempt to disrupt the operation of the services is strictly prohibited.
• Unauthorized Access: It is forbidden to attempt to gain unauthorized access to the services, other users’ accounts, computer systems, or networks connected to Unipile’s services through hacking, password mining, or any other unlawful means.
• Prohibited Content: The User must not transmit illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise objectionable content, or any content that infringes on the rights of others, including intellectual property rights.
• Compliance with Laws: The User agrees to use the services in compliance with all applicable local, national, and international laws, including but not limited to data protection, privacy, and electronic communication laws.

4. User Accounts

To access certain features of Unipile’s services, a user account must be created.

Account Creation: To create an account, the User must provide accurate, complete, and up-to-date information, including a valid email address. Unipile reserves the right to refuse registration or close an account if the information provided is found to be inaccurate or incomplete.

Confidentiality of the Account:

• User Responsibility: The User is responsible for the confidentiality of their login credentials (username and password).
• Notification in Case of Violation: In the event of unauthorized use of the account or any other security breach, the User must immediately notify Unipile. Unipile cannot be held responsible for any loss or damage resulting from the User’s failure to comply with this security obligation.

Account Usage:

• Account Activities: The User is responsible for all activities carried out through their account. Any misuse or non-compliance with the terms and conditions may result in suspension or termination of the account.
• Password Security: The User must choose a secure password. Unipile may impose additional security requirements, such as two-factor authentication, to enhance account security.

 

5. Pricing and Payment

Pricing for Unipile API services is available on our website, within the Unipile dashboard, and through our payment service provider.

Billing occurs at the end of each monthly period. Charges are calculated based on the peak number of accounts simultaneously linked during that period. All accounts displayed on the dashboard homepage are included in the calculation, regardless of their status (e.g., OK, Error, Disconnected).

Payment is due upon receipt of the invoice issued at the end of the billing period. If full payment is not received within 15 days from the invoice date, Unipile reserves the right to suspend all services associated with the account and delete all related data, including connected accounts, historical logs, and stored information, without prior notice.

If payment remains outstanding after 30 days, Unipile will permanently delete all data associated with the user account.

Pricing Changes:

• Right to Modify: Unipile reserves the right to update or modify its pricing at any time in order to reflect evolving infrastructure costs, feature improvements, or changes in third-party provider pricing.
• Notification: Unipile will provide written notice of any pricing changes at least 1 month before the implementation of a new pricing grid.
• Acceptance or Refusal of Modifications: Users may accept or refuse the updated pricing. In the event of refusal, they may terminate the service at any time, provided that all outstanding invoices are settled in full before the termination takes effect.
  These provisions allow users the flexibility to manage their connected accounts while staying informed of any price adjustments.

 

6. Intellectual Property
Unipile and its licensors retain all intellectual property rights related to its services, including but not limited to APIs, SDKs, documentation, connectors, developer tools, software architecture, source code, algorithms, designs, trademarks, logos, and all technical materials provided. No ownership rights are transferred to the Integrator or end-users under these Terms.

License Grant for Integrators and SaaS Platforms

Unipile grants the Integrator (SaaS platform, developer, or company) a limited, non-exclusive, non-transferable, and revocable license to:

• Access and use Unipile’s APIs, SDKs, and documentation
• Build and operate their own features and services on top of Unipile’s infrastructure
• Offer these integrated features to their own end-users, in compliance with Unipile’s subscription and pricing terms

This license is strictly limited to the scope of usage defined in the subscription plan. Any unauthorized use beyond agreed limits, including bypassing billing mechanisms, constitutes a violation of these Terms.

Restrictions on Usage

Unless explicitly authorized in writing by Unipile, Integrators and their end-users are prohibited from:

• Copying, modifying, redistributing, or sublicensing Unipile’s technology or APIs
• Reverse-engineering, decompiling, disassembling, or attempting to extract any source code, algorithms, or internal mechanisms
• Bypassing authentication, billing, or usage controls implemented by Unipile
• Using Unipile’s services in a way that violates third-party Terms of Service, especially those of connected messaging, email, or social platforms
• Misrepresenting Unipile’s role by claiming ownership of Unipile’s APIs, infrastructure, or technology

Trademarks and Branding

Unipile’s name, logos, and trademarks are protected under intellectual property laws. Integrators are not authorized to use Unipile’s brand elements in their own materials without prior written consent, except where explicitly permitted under white-label licensing agreements.

User Content

• Ownership of Content: The User retains all ownership rights to the content they submit or transmit through Unipile’s services. However, by submitting content, the User grants Unipile a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, and display this content in connection with providing the services.
• Responsibility for Content: The User is solely responsible for the content they submit and guarantees that they have all necessary rights to grant this license to Unipile. The User agrees not to submit any content that infringes on the intellectual property rights of third parties.

Violation Reporting

• Notification Procedure: If the User becomes aware of an intellectual property rights violation related to Unipile’s services, they must immediately notify Unipile, providing all necessary details for Unipile’s team to investigate and take appropriate action.
• Corrective Measures: Unipile reserves the right to remove any content infringing intellectual property rights and to suspend or terminate the accounts of users involved in such violations.

By using Unipile’s services, the User acknowledges and agrees to the terms relating to intellectual property and undertakes to respect Unipile’s and third parties’ intellectual property rights. Any violation of these terms may lead to legal action and termination of access to the services.

7. Privacy and Data

Unipile is committed to the privacy and data protection of both our customers and their end-users. Our services are designed primarily for platforms, editors, and developers who will use Unipile’s system to connect and manage the messaging accounts of their own users. We operate with a strict approach to data privacy, ensuring that all data managed on behalf of our customers and their end-users is securely handled, never resold, and used solely for the purposes defined in this agreement.

Data Collection

• Customer Data: When creating a Unipile account, our customers (the platforms, editors, and developers using our system) provide certain personal and business information necessary for account creation, billing, and customer support. This may include company name, email addresses, payment details, and additional information voluntarily provided by the customer.
• End-User Data: Our system allows customers to connect their own end-users’ messaging accounts to Unipile. In this case, we may access and store data such as message history, contacts, message exchange metadata, token, account meta data, which is essential for providing the services our customers require.

Data Usage

• Provision of Services: All data collected, including end-user data, is used strictly to enable, maintain, and improve the Unipile services for our customers and their end-users. This includes functions such as message synchronization, user authentication, and secure data transfer.
• No Resale or Unauthorized Usage: Unipile will never resell, distribute, or exploit any customer or end-user data. Our sole use of data is to support the functionality and quality of our services as outlined in this contract.

Data Sharing

• Service Providers: We may share limited data with third-party service providers, but only those who assist in service delivery, such as payment processors, hosting providers, and customer support services. These providers are required to protect customer and end-user data and are restricted from using it for any purpose other than providing services to Unipile.
• Legal Obligations: In the event of legal requirements, Unipile may disclose customer or end-user data in response to legitimate requests by public authorities, including for law enforcement purposes. Such disclosures are carefully managed to ensure the privacy of our customers and their end-users is prioritized.

Data Protection

• Security Measures: Unipile employs advanced technical and organizational measures to protect all customer and end-user data. This includes encryption, firewalls, and stringent access controls to prevent unauthorized access, alteration, or disclosure.
• Data Access Limitations: Access to data is restricted to employees, agents, and service providers who have a legitimate need to access it to provide Unipile services. This access is limited, strictly monitored, and securely managed.

Data Retention

• Retention Periods: Customer and end-user data is retained only as long as necessary to fulfill our contractual obligations, comply with legal requirements, and resolve any disputes. Data that is no longer necessary is securely deleted from our systems. Upon contract termination, Unipile is to remove all data belonging to Customer and its Users within 30 (thirty) days following the final date of service.

Customer and End-User Rights

• Access and Correction: Both customers and end-users have the right to access, correct, and update their personal data. Customers may manage these requests directly through their Unipile accounts or by contacting Unipile support.
• Data Deletion and Restriction: Customers may request the deletion or restriction of data processing, both for themselves and on behalf of their end-users, as permitted by applicable data protection laws.
• Data Portability: Where applicable, customers and end-users have the right to request their data in a structured, machine-readable format for transfer to another data controller, in compliance with technical feasibility.

Modifications to Privacy Policy
Unipile reserves the right to update this privacy policy. Any changes will be clearly communicated, and users will have the opportunity to review and accept or decline the updated terms.
Unipile operates with transparency and dedication to privacy, ensuring our customers can confidently integrate their end-users’ data without concerns regarding unauthorized data use, resale, or exploitation.

 

8. Warranty and Limitation of Liability
Unipile is committed to providing its services diligently and according to professional standards. However, given the nature of its services, certain limitations apply:

• Facilitation of Third-Party Services:
  • Modification of Services by Third-Party Providers: Unipile facilitates and unifies services provided by various third-party providers. If a provider decides to modify the services offered, Unipile cannot be held responsible.
  • Service Availability: If a provider experiences service interruptions, Unipile cannot be held liable for these interruptions.
• Commitment to Availability and Scalability:
  • Best Efforts: Unipile commits to providing maximum availability and scalability within the scope of its activity. However, under the concept of “best effort,” Unipile cannot be held liable in the event of failure.
• Limited Warranty:
  • Services Provided “As-Is”: Unipile’s services are provided “as-is” and “as available.” Unipile does not guarantee that the services will meet the specific needs of the user or that the services will be uninterrupted, secure, or error-free.
  • No Express or Implied Warranty: Unipile disclaims any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third-party rights. No information or advice provided by Unipile or through the services constitutes a warranty not expressly stipulated in this contract.
  • Third-Party Data and Provider Changes: Unipile provides data through its API based on the information returned by third-party providers. These providers may modify their systems, impose new restrictions, or introduce technical changes without prior notice. As a result, the data returned by Unipile’s API may occasionally be incomplete, outdated, inaccurate, or temporarily unavailable due to provider updates, rate limits, temporary outages, or unforeseen bugs.
    Unipile cannot be held liable for any direct or indirect consequences arising from such discrepancies. It is the sole responsibility of the software editor or API integrator to implement appropriate safeguards, including but not limited to:
    – Validating the consistency and accuracy of received data before processing it.
    – Implementing fail-safes to prevent automated cascading actions triggered by potentially incorrect data.
    – Handling errors gracefully and avoiding reliance on a single data point for critical workflows.
    By using the Unipile API, the customer acknowledges and accepts these inherent risks and agrees to implement adequate verification, security, and error-handling mechanisms within their own systems to prevent unintended actions or damages.
  • Beta Products: From time to time, Unipile may offer access to new features, functionalities, or integrations identified as a “beta” version or using similar terminology (each, a “Beta Product”). Beta Products are experimental and may not be fully tested or ready for production use.
    Beta Products are provided “as-is”, without any warranties or contractual commitments of any kind. The performance, stability, availability, or accuracy of Beta Products is not guaranteed, and they may contain errors, experience disruptions, or change without prior notice.
    By choosing to use a Beta Product, the User acknowledges and accepts these risks. Unipile strongly encourages Users to report any issues, bugs, or feedback, as the primary purpose of Beta Products is to identify and resolve problems before wider release.
    Use of Beta Products is entirely voluntary, and Users may discontinue their participation at any time. Unipile reserves the right to modify, limit, or withdraw Beta Products at its sole discretion.
• Limitation of Liability:
  • Exclusion of Liability for Indirect Damages: To the maximum extent permitted by law, Unipile shall not be liable for indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, revenue, data, or use, incurred by the user or any third party, whether in contract, tort, or otherwise, resulting from the use or inability to use the services.
• Reasonable Use:
  • Terms of Use: The user agrees to use the services in accordance with these terms and not to use the services in a manner that could cause damage to Unipile’s systems or disrupt the experience of other users. Unipile is not responsible for damages resulting from non-compliant use of the services.
• Force Majeure:
  • Exemption in Cases of Force Majeure: Unipile shall not be held responsible for any failure or delay in fulfilling its obligations due to causes beyond its reasonable control, including, but not limited to, natural disasters, wars, riots, acts of terrorism, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.
• SLA & Warranty:
  • SLA commitments and warranties are not included in our standard offering. However, with a custom pricing plan and a dedicated agreement, Unipile can provide SLA guarantees for the service. Please contact us if you require this level of commitment from Unipile.

By using Unipile’s services, the user accepts these limitations on warranty and liability. These provisions are essential for allowing Unipile to provide high-quality services at competitive prices while limiting legal risks.

 

9. Term and Termination
The terms of use of Unipile’s services remain in effect until terminated by either party. Details regarding the term and termination of the contract are as follows:

• Contract Duration:
  • Effective Date: This Agreement is concluded for a fixed duration of one (1) month, effective from the date of signature and remains in effect until terminated according to the provisions below.
  • Renewal: Paid subscriptions are automatically renewed at the end of each billing period unless the User terminates their subscription before the renewal date.
• Termination by the User:
  • At Any Time: The User may terminate their account and stop using Unipile’s services at any time through their account settings or by contacting customer service.
  • Effect of Termination: Termination will take effect immediately or at the end of the current billing period, depending on the User’s choice. The User will lose access to the services from the effective date of termination.
• Termination by Unipile:
  • For Breach: Unipile may suspend or terminate the User’s account in the event of a breach of these Terms, non-payment of fees due, or suspected fraudulent or unlawful activities.
  • Prior Notice: Except in cases of serious or urgent breaches requiring immediate action, Unipile will provide written notice before termination, allowing the User a defined period of time to remedy the issue or settle any outstanding obligations.
• Consequences of Termination:
  • Data Access: Following termination, the User will lose access to their account and all data associated with Unipile’s services. Unipile reserves the right to permanently delete the User’s data after termination unless a longer retention period is required by law.
  • Outstanding Payments: Termination by the User does not release them from the obligation to pay outstanding amounts for the period preceding the termination date. No refund will be provided for service periods already paid for, unless otherwise stipulated in Unipile’s refund policy.
• Temporary Suspension:
  • For Maintenance or Security: Unipile may temporarily suspend access to services for maintenance, updates, or security reasons. Unipile will endeavor to minimize the duration of these interruptions and, where possible, inform the User in advance.
• Survival of Provisions:
  • Surviving Clauses: Provisions of this Agreement that by their nature should survive termination (such as limitation of liability, intellectual property, and confidentiality clauses) shall continue to apply after termination.

By using Unipile’s services, the User agrees to these terms regarding the contract term and termination. These terms are intended to ensure fair and secure use of the services for all users.

 

10. Modifications to the Terms
Unipile reserves the right to modify these terms of use at any time. Here are the terms and procedures for modifying the conditions:

• Notification of Modifications:
  • Advance Notice: Unipile agrees to inform users of any substantial modifications to the terms of use. Notification may be provided by email, an announcement on Unipile’s website, or through the services themselves.
  • Notification Period: Reasonable notice will be provided before the changes take effect, allowing users to understand the changes and their implications.
• Acceptance of Modifications:
  • Continued Use: By continuing to use Unipile’s services after the effective date of modifications, the user accepts the new terms. If the user does not accept the changes, they must cease using the services before the changes take effect.
  • Review of Terms: Unipile recommends that users regularly review the terms of use to stay informed of any changes. The most recent version of the terms of use will always be available on Unipile’s website.
• Minor Modifications:
  • Non-Substantial Updates: Unipile may make minor or non-substantial modifications to the terms of use without prior notice. Such modifications may include adjustments for administrative, legal, or technical reasons that do not significantly affect users’ rights or obligations.
• Termination in Case of Disagreement:
  • Right to Terminate: If a user does not accept the modified terms, they have the right to terminate their account and stop using Unipile’s services. In this case, the provisions regarding termination and deletion of user data will apply as stipulated in the contract.
• Effective Date:
  • Clear Indication: The effective date of modifications will be clearly indicated in the notification and/or the updated terms of use on Unipile’s website. Changes will take effect on this date unless otherwise specified in the notification.

By accepting these terms of use, the user acknowledges and agrees that Unipile may modify these terms at any time and agrees to comply with the modified terms after they take effect.

 

11. Governing Law and Jurisdiction
These terms of use, as well as any dispute or claim arising from or related to them, shall be governed and construed in accordance with the applicable laws.

• Applicable Law:
  • French Law: These terms are governed by French law, including, but not limited to, disputes regarding the validity, interpretation, enforcement, or termination of the terms of use.
  • Consumer Protection: Mandatory provisions of consumer protection law will also apply to users who use Unipile’s services as consumers.
• Competent Jurisdiction:
  • French Courts: Any dispute arising from these terms of use or related to them shall be subject to the exclusive jurisdiction of the Commercial Court of Roanne (France).
  • Right of Recourse: Users have the right to bring an action before the competent courts of their place of residence if the mandatory rules of consumer protection in their country allow it.
• Amicable Dispute Resolution:
  • Mediation: In case of a dispute, the parties shall endeavor to resolve the dispute amicably before resorting to legal action. The user may also refer to a consumer mediator for amicable dispute resolution.
  • Contact: For any questions or claims regarding the terms of use or Unipile’s services, users can contact Unipile’s customer service at the address provided on Unipile’s website.

By using Unipile’s services, the user agrees that these terms shall be governed by French law and that any dispute arising from these terms shall be subject to the jurisdiction of the competent courts located in France.