GTC Mayze.io

    General Terms and Conditions of Sale

    Introduction

    Mayze SAS, a société par actions simplifiée (simplified joint-stock company) registered with the RCS of Marseille under number 924 773 047 00015, whose registered office is located at 59 Avenue David Dellepiane, 13007 Marseille (hereinafter referred to as “MAYZE” or “We”) publishes an online marketing statistics visualization platform for marketing professionals (hereinafter referred to as the “Service”). This platform is a marketing data aggregation tool that enables you to identify marketing trends, historicalize your marketing actions and make the right marketing decisions. The data aggregated today comes from third-party services such as Google Analytics 4, Google Search Console, Linkedin, Hubspot, Brevo, Mailchimp and ActiveCampaign (hereinafter the “Channels”).

    The following provisions set out the general terms and conditions of use and sale of the Service accessible from a web browser on the https://www.mayze.io site (hereinafter the “Site”) and more specifically https://www.app.mayze.io.

    1 - Acceptance of the GTC

    2 · Accès au Service

    The present general conditions of use and sale (hereinafter the “GTC”) constitute a contract between MAYZE and any individual or legal entity, acting in a professional capacity, registered in the Trade and Companies Register or any equivalent commercial register, who (i) has an account on the Channel(s) for which he accepts the conditions of use and in particular the interfacing via an API of the information contained in his Channel profile with the Service, and (ii) wishes to use the Service (hereinafter “you” or the “User”). The Service is strictly reserved for professionals. The User represents and warrants that any use of the Service will be made in his or her own name and on his or her own behalf, or on behalf of the company employing him or her, for the sole purposes of his or her professional activity.

    By accessing, registering and using the Service, you acknowledge that you have read the GTC available on the hypertext link present in the Service registration form, that you have understood them and that you fully accept all their stipulations, without restriction or reservation. On the contrary, if you do not accept all the terms and conditions of this agreement, you will not be able to access and use the Service.

    If you are using the Service on behalf of a company, organization, government or other legal entity, by accepting the GTC, you represent and warrant that you are authorized to do so. You may only use the Service in accordance with these GTC and all applicable local, national and international laws, rules and regulations.

    MAYZE reserves the right to modify and/or update the GTC at any time without notice. Access to and use of the Service will be subject to the GTC in effect at the time of such access and use. Notwithstanding the foregoing, in the event of modification of the conditions of sale contained in the GTC, the conditions of sale applicable to the User are those in force on the date on which the User subscribed to the Service.

    In the event that one of the clauses of the GTC is null and void as a result of a change in legislation or regulations, or is declared as such by a final court decision, this shall in no way affect the validity and respect of the other clauses of the GTC.

     

    2.1 - Creating an Account

    Access to the Service requires that you create an account (the “Account”). To do so, you must have a valid email address.

    You can create an Account by clicking on the “Create an Account” button on the Site’s home page, then entering the information requested in the registration form provided for this purpose, or by connecting via your Google® account by clicking on the corresponding tab.

    You will then receive confirmation of the creation of your Account at the e-mail address indicated on the form.

    You agree to provide and maintain accurate, up-to-date and complete information about yourself. MAYZE cannot be held responsible for any delay or inability to access the Service due to erroneous or incomplete information entered when requesting the creation of an Account. In this respect, you may modify your personal information and/or password at any time in the “Account” tab, “Manage my account” then “Account information”. You can also change your billing information in the “Account” tab, “Manage my account” then “Billing information”.

    Your login details (username and password) are personal and confidential. You must keep these login details secure and you undertake not to divulge them to third parties for any reason, in any manner or form whatsoever.

    MAYZE does not have the means to ensure the identity of persons using the Service. In the event of loss, forgetfulness or theft of your authentication details, you must change your password as soon as possible by clicking on the “I’ve forgotten my password” button below the login form. You will then receive an e-mail inviting you to create a new password.

    If you believe that someone is using your account or your identity, you must inform us immediately by e-mail at the following address: steffi [at] mayze [dot] io.

    In no event will MAYZE be liable for the loss, theft or misuse of your authentication information. You are solely responsible for accessing and using the Service with your authentication elements.

    2.2 - Minimum system requirements

    Access to the Service requires that you have computer hardware (PC, MAC, tablet or smartphone), a broadband internet connection and a web browser.

    You are solely responsible for all costs associated with accessing and using the Service, including hardware, software and Internet access. You are solely responsible for the proper functioning and security of your computer equipment and Internet access.

    2.3 - Service availability

    The Service is accessible 24 hours a day, 7 days a week, subject to the occurrence of a case of force majeure or an event beyond the control of MAYZE and except in the case of interruption, suspension or limitation as part of maintenance operations and/or updates necessary for the proper functioning of the Service.

    MAYZE is only bound by an obligation of means concerning the accessibility, functioning and availability of the Service or its contents. MAYZE reserves the right to interrupt, suspend or limit access to all or part of the Service, notably due to legal or technical constraints.

    The User expressly acknowledges that the aforementioned suspensions, interruptions or limitations may occur at any time without prior notice and that they shall not give rise to any obligation or compensation for the User.

    3 - Use of the Service

    By registering, you agree:

    • not to use the Service or the Site for any illicit or illegal purpose;
    • use the Site and the Service under your sole and entire responsibility;
    • to comply with current legislation, and in particular with copyright law, respect for privacy and public decency, regulations applicable to the protection of personal data and image rights.
    • not to use the Service and not to post any information or comments on the Site, in any place whatsoever, that could 
      • aim to deceive or mislead third parties;
      • undermine or encourage actions likely to harm the interests or privacy of third parties;
      • violate any applicable law or regulation;
      • undermine or encourage illegal or illicit actions, or the illegal or unauthorized exploitation of copyrighted works by third parties;
      • intimidate or harass other Internet users;
      • promote obscene or degrading behavior or, in general, any behavior contrary to public decency;
      • incite racial hatred, fanaticism, segregation in any form, or physical or psychological aggression against any group or individual;
      • be abusive or defamatory to an individual, a group, a company or other Internet users;
      • provide information enabling Internet users to harm the interests of third parties and/or the Site and/or the Service;
      • allow access to information protected by confidentiality or business secrecy;
      • give rise to unauthorized commercial exploitation of the content of the Site and/or the Service.

    This list is not exhaustive.

    In general, you expressly undertake to use the Service only for the purposes of appropriate communication, to use measured and verified language, in the interest of the community of users, respect for public order and good morals.

    Also strictly prohibited, and subject to prosecution, are any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Service, any intrusions or attempted intrusions into MAYZE’s systems, any misappropriation of the system resources of the Site and/or the Service, any actions likely to impose a disproportionate load on the latter’s infrastructures, any attacks on security and authentication measures and any acts likely to prejudice the financial, commercial or moral rights and interests of MAYZE or other users of the Service and the Site.

    In the event of a breach of any of the provisions of the present article or, more generally, of the laws and regulations in force, MAYZE reserves the right to close your Account at any time and without notice, and to take any legal action it deems necessary.

    4 - General terms and conditions of sale

    4.1 - Service subscription prices

    The User may subscribe, at his or her discretion, to several free or paid subscription formulas for the Service. All packages start with a 14-day trial period.

    Go introductory package: access to all channels and personalized advice for €30/month instead of €50/month.

    Next packages to come.

    No commitment for any of these packages at present.

    A detailed description of each subscription formula offered by MAYZE and their prices are presented on the Site.

    4.2 · Free trial

    In order to try out the functionalities available in the above-mentioned paid subscriptions, the User may benefit from a fourteen (14) calendar-day free trial. Activation of this free trial does not require any means of payment and begins at the very moment the User creates his or her Account.

    At the end of these fourteen (14) days, without any action on the part of the User, the free trial will automatically end and the User will be downgraded to a free subscription.

    Each User may take advantage of a single trial period. The creation of multiple accounts in order to circumvent this limitation is strictly forbidden.

    4.3 - Terms of payment

    Credit card

    Credit card payments are secured by an SSL-compliant online payment system. MAYZE does not collect or hold any banking data concerning you. These are managed by our PCI-DSS-certified online payment service provider (Stripe). Only credit cards bearing the initials CB, VISA, AMERICAN EXPRESS, MASTERCARD are accepted.

    Bank transfer

    We accept payment by bank transfer. If you wish to pay by bank transfer, please contact us.

    4.4 - Terms of payment

    Subscriptions are payable immediately on the day of subscription to the Service.

    In the event of tacit renewal of the subscription, under the conditions set out in the “Duration – Termination” article, subscriptions will be payable in arrears, on the same day as the subscription subscription subscription date, monthly for monthly subscriptions and annually for annual subscriptions. Failure to pay will terminate the paid subscription and demote the user to the free subscription.

    Any delay in payment will result in the application of a late payment penalty equal to ten percent (10%) of the amount of the corresponding invoice, without the need for a reminder. A flat-rate indemnity of forty (40) euros for collection costs will also be due.

    5 - Duration - Termination

    5.1 · Duration of GTC

    The GTC come into force as from their acceptance by the User and for as long as the User has not cancelled his Account under the conditions defined below.

    5.2 - Duration of paid subscription to the Service

    Paid subscriptions to the Service are tacitly renewable from month to month. An email will be sent to the User’s email address provided on his Account to inform him of the end of his subscription, fifteen (15) calendar days before the end of the monthly subscription and one (1) month before the end of the annual subscription. You may terminate your subscription at any time by clicking on the “Cancel my subscription” link in the “Settings” tab, then “My package”. You acknowledge that all sums paid to MAYZE on the date of termination of the subscription remain its property.

    5.3 - Termination of contract

    Any cancellation of a paid subscription will demote the User to the free subscription at the end of the subscription period, but the User’s Account will remain active.

    The User is free to cancel his or her Account at any time, by going to the “Settings” tab, then “My account” and clicking on “Delete my Mayze account”. The data, and in particular the User’s personal data, will then be archived in accordance with the regulations applicable to the protection of personal data.

    In the event of use of the Service by the User that does not conform to the GTC, in the event of breach by the User of the GTC, or more generally in the event of violation of applicable laws and regulations, MAYZE may terminate all or part of the User’s access to the Service as of right, without prior notice or compensation. MAYZE may pronounce this termination without prejudice to all other rights, actions and remedies that MAYZE may have for the compensation of any prejudice it may have suffered as a result of these breaches.

    6 - Promotion of the Site and Service

    The User is informed that by registering on the Service and accepting the GTC, he expressly authorizes MAYZE to use his pseudo/avatar/ and/or logo, respecting the brand image of the User or the entity that employs him, for the purposes of promoting the Site and the Service, on any digital or paper medium and in any written or oral format. This authorization is granted for as long as the User is registered on the Service.

    We understand that some of our users do not wish to disclose the tools used in their social networking strategies. If you do not wish your username/avatar/ and/or logo to be used for the above purposes, you may request to be placed on a “non-promotion” list by sending an email to Steffi NICOLAÏDES – steffi [at] mayze [dot] io.

    7 - Intellectual property

    MAYZE is the owner of the intellectual property rights or holds the rights of use on the Site and all the elements accessible on the Site, in particular the texts, images, graphics, logos, icons, sounds, software, scripts except for the logos, avatars and pseudos of the Users. Users therefore undertake to respect the terms of this license.

    Use of the Site and the Service in no way confers on the User a right of ownership and/or an intellectual property right over the Site, with the exception of a personal right of access, non-exclusive and limited exclusively to use of the Service in accordance with its purpose and in compliance with the GTC.

    Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site, whatever the means or process used, is forbidden, except with the prior written authorization of MAYZE. The User agrees not to copy, modify, assemble, decompile, alter, sell, rent, lend, broadcast, distribute or transfer all or part of the Site and/or the Service, create derivative works from the Site and/or the Service, or authorize a third party to commit such acts, without the prior written consent of MAYZE.

    Any unauthorized use of the Site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of the French Intellectual Property Code.

    You may not remove any copyright, trademark or other proprietary rights notices from the Site and the Service or any content contained therein.

    8 - Warranties and liability

    8.1 · Warranties

    The User is solely responsible for the integrity, accuracy and quality of the Content he/she integrates and disseminates through his/her Account. The User also ensures that the Content is free of viruses or any other component likely to cause damage to the Service.

    The Site uses JavaScript technology. If the User deactivates it, he/she will no longer be able to take full advantage of the Service. Some adblockers block words related to the Channels. If the User has an active adblocker, MAYZE will not be able to certify the complete and comprehensible display of the Site and the User will not be able to take full advantage of the Service.

    Interactive areas (chat in the bottom right-hand corner, possibility of asking questions in the support area) are available to Users, as well as a “FAQ” page (accessible via the dashboard), the purpose of which is to answer Users’ questions. MAYZE does not guarantee an answer or its relevance to the User’s requests.

    MAYZE makes no other warranties, express or implied, including, but not limited to, the non-infringement of third party rights, the continuity, performance and/or durability of the Service and/or the suitability for a particular purpose or the adequacy of the Service to the User’s needs, nor does it warrant that it is free from defects, errors or bugs or that it will operate without failure or interruption. The Service is provided on an “as is” and “as available” basis.

    Access to the Service implies knowledge and acceptance of the characteristics and limits of the Internet, particularly with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by any viruses circulating on the network. MAYZE does not guarantee that the Service or its servers will at all times be free of viruses, worms, Trojan horses or any other component likely to cause damage. It is the User’s responsibility to take all appropriate measures to protect their own hardware, data and/or software stored on their computer equipment against any attack.

    8.2 · Responsibilities

    Access to and use of the Service by the User in no way engages the responsibility of MAYZE in any way whatsoever. Access to and use of the Service are the sole responsibility of the User.

    The User is solely responsible for the proper use, with discernment and spirit, of the Service and the content he/she integrates, generates and distributes.

    No advice or information, whether oral or written, obtained by the User during the use of the Service is likely to create guarantees not expressly provided for by the GTC or to entail the responsibility of MAYZE in the event of damage, of any nature whatsoever, caused to the User or to third parties as a result of the misuse by the User of the Service, in violation of the provisions of the present article and more generally as a result of non-compliance with the GTC.

    The User is responsible for any damage to his or her computer system, to the Service and/or its content, as well as for any loss of Data that may result from his or her use of the Service. In this respect, the User is responsible for implementing anti-virus and other security measures on his or her computer system.

    To the fullest extent permitted by applicable law, MAYZE expressly excludes liability for any damage, direct or indirect, resulting from or in connection with access to the Service, its use, its malfunction or its unavailability, whatever the nature and duration.

    The User acknowledges that MAYZE remains free to correct and/or modify the Service at any time and without notice, without this correction and/or modification giving rise to any right of recourse on its part.

    MAYZE cannot be held responsible, in a general manner, in all cases where the non-execution or poor execution of the GTC results from a case of force majeure or a fortuitous event beyond its control.

    9 - Personal data

    All terms relating to the protection of personal data used in contracts concluded with MAYZE must be interpreted in accordance with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 repealing Directive 95/46/EC (hereinafter the “European Regulation” or “RGPD”).

    Any personal data that may be collected as part of the use of the Platform is processed and stored in accordance with the aforementioned regulations. MAYZE undertakes to comply with these regulations.

    9.1 - Processing of personal data concerning Users

    For complete information on the processing of personal data, MAYZE invites the User to consult its Privacy Policy in which the following elements are specified:

    • The legal basis for the processing of personal data collected
    • The types of personal data collected
    • How long personal data is kept
    • The purposes for which personal data is processed, notably for advertising purposes
    • Personal data shared by MAYZE with its partners and transfers outside the EEA
    • Personal rights and how to exercise them.

    9.2 - Personal data processing operations carried out on behalf of MAYZE and the Client

    It is reminded that the MAYZE site is intended to be a communication tool and link used by professionals. In this context, MAYZE as well as its client companies (hereinafter “the Clients”) have the capacity of Co-Processing Managers within the meaning of Article 26 of the General Data Protection Regulation, in that they determine the purposes and means of personal data processing. The Parties acknowledge that they are aware of the obligations that apply to them under current legislation and undertake to comply with them and to update the terms and conditions for the implementation of joint processing in the event of changes to this legislation, throughout the term of this contract.

    Personal data” is defined as any information relating to a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.

    Processing” is defined as any operation or set of operations which may or may not be performed using automated processes and applied to personal data or sets of personal data, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

    Each Party undertakes to define and implement the internal procedures necessary to comply with its obligations, in particular:

    • Process personal data solely for the purpose(s) of the joint processing and guarantee an appropriate level of security and confidentiality of such data;
    • Ensure that persons authorized to process such data only have access to data that is necessary for the performance of their duties and for the execution of the present contract;
    • Ensure that the measures required to process requests for access, modification, deletion, limitation, portability, opposition or withdrawal of consent are implemented in the IT systems and databases under its responsibility;
    • Define, implement and maintain procedures for managing security incidents, in particular any destruction, loss, alteration, disclosure or unauthorized access to personal data, whether accidental or unlawful, and for managing continuity of services;
    • Inform the other Party, without delay, of any security incident likely to impact all or part of the Joint Processing and :
      • Initiate an investigation without delay and coordinate its action with that of the other Party as necessary;
      • Determine with the other Party whether or not such incident should be notified to any person, regulatory authority or administrative authority under applicable law and cooperate with the other Party when such notification is required;
    • In the event of subcontracting all or part of its obligations, to use only subcontractors who offer sufficient guarantees, in particular when they are involved in the implementation of technical and organizational measures appropriate to the joint processing, and to ensure that they comply with all the obligations set out in this contract.
    • Ensure that transfers outside the European Economic Area (EEA) are framed in accordance with Chapter 5 of the RGPD. If the Client wishes to provide non-occasional access to Users located outside the EEA, it must request standard contractual clauses from MAYZE.
    • At the end of the contract, for any reason whatsoever, ensure the deletion of all personal data and existing copies, unless their retention is justified by another contract with the Co-Processor, by applicable legal or regulatory provisions, or for the preservation of evidence in any dispute, judicial or extra-judicial, related to the performance of a Party’s obligations under this contract.

    With regard to the management of the exercise of the rights of the persons concerned within the meaning of the regulations on the protection of personal data, the Parties agree to share the responsibilities concerning the follow-up and processing of the requests of the persons concerned. To this end, the Parties undertake to:

    • Process applications in accordance with the conditions and deadlines laid down by the applicable legislation;
    • Transmit, within 48 hours, the requests it receives from the persons concerned to the Party responsible for the right request in this case;
    • Within 7 working days, provide the other party with the information for which it is responsible, if this is necessary for the management and follow-up of a claim.
    • Take the necessary measures to process the request, within 7 working days, in the IT systems and databases under its responsibility.
    • Each Party guarantees the other Party against any damage or loss resulting from the breach of its obligations due to the acts or omissions of its employees or subcontractors.

    Site Users representing Customers are bound by their own obligations as defined by the Customer.

    The data processing operations for which we are jointly responsible are as follows:

    • MAYZE account management
    • Using the platform
    • Support and assistance
    • Hosting and data storage
    • Aggregate statistics
    • Refunds

    MAYZE will also process personal data as the sole Data Controller:

    • Platform developments
    • Sales activities
    • Communication organization
    • Internal human resources management

    It is understood that when using the services, MAYZE cannot be held responsible for personal data sent or collected by Platforms with which MAYZE is associated. The Client and the User are invited to refer to the Terms of Use and Privacy Policies of the various Platforms associated with them for more information on the processing of data by said Platforms. Furthermore, the Customer and the User are solely responsible for the content sent and captured by said associated Platforms.

    These policies can be consulted at:

    All personal data processed by MAYZE remains the exclusive property of MAYZE, which retains full control of its personal data. MAYZE undertakes to inform data subjects of data processing carried out as joint Data Controller as well as those carried out as sole Data Controller in accordance with Articles 12, 13 and 14 of the RGPD. The Customer remains solely responsible for providing information to data subjects for processing carried out as sole Data Controller.

    For complete information on the description of processing operations, MAYZE invites the User and the Client to consult its Privacy Policy in which, in particular, the object, duration, purpose of processing and data collected are specified.

    10 - Applicable law and dispute resolution

    The GTC are subject to French law.

    The Parties declare their intention to seek an amicable solution to any difficulty that may arise concerning the validity, interpretation or execution of the GTC. In the event of persistent disagreement, the dispute will be referred to the Marseille Commercial Court.

    11 · Contact

    If you have any observations or comments concerning the Site, the Service and the GTC, or if you would like any information or have any questions concerning their use, please contact us at the following e-mail address: steffi [at] mayze [dot] io.