General conditions of use of Unipile, universal messaging client

Last updated: June 24th 2024.

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 (hereafter “the User”).

The user refers to any natural or legal person using Unipile’s services. The present conditions of use constitute a contract between Unipile and the User. By subscribing to or using the Website, the Services, 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 Unipile services

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 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 dashboard.

The user agrees to respect the common-sense rules for the use of his password, in particular, 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 and Termination

Duration
The terms of service begin on the date of subscription to Unipile API services and continue on a month-to-month basis unless terminated as outlined below.

Billing
Billing Cycle: Billing occurs at the end of each monthly period. Subscribers will be charged based on the peak number of accounts simultaneously connected during the billing period.
Payment Method: Subscribers must provide a valid payment method at the time of subscription. Unipile reserves the right to change fees for services, but will provide advance notice of any changes.
Upgrades/Downgrades: If you upgrade or downgrade your service plan, the new rate will be charged at the next billing cycle. Upgrading may result in a pro-rated charge for the current billing period.
Invoices: Invoices will be issued and emailed to the address provided at the time of subscription. Payment is due within the timeframe specified on the invoice, typically within 30 days.
Pricing Information: The current pricing for Unipile API services is available on the Unipile dashboard and through our payment system provider. Prices are subject to change, and any updates will be reflected on these platforms.

Termination
Termination by Subscriber: You may terminate your subscription at any time by contacting Unipile support. Your service will continue until the end of the current billing period, after which your access to the API will be terminated.
Termination by Unipile: Unipile reserves the right to suspend or terminate your access to the API services if you violate the terms of service, including but not limited to non-payment of fees.
Refunds: No refunds will be provided for partial months of service upon termination. In the event of termination by Unipile for a violation of terms, no refund will be issued.
Data Retention: Upon termination, your data may be retained for a period of 30 days to facilitate account reactivation. After this period, Unipile reserves the right to delete all data associated with your account.

Changes to Terms
Unipile may modify these terms of service at any time. Subscribers will be notified of any significant changes via email or through the Unipile website. Continued use of the API services after any such changes shall constitute your consent to such changes.

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

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, Microsoft, 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 party 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 services. 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 his website 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 solution are licensed to the User, not sold, and Unipile retains ownership of all copies of Unipile’s solution.

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 messaging 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.