The following general terms and conditions of NoDataNoBusiness (hereinafter referred to as the “General Conditions“) govern the relationship between NoDataNoBusiness, a société par actions simplifiée with a capital of 14,300 euros, registered with the Perpignan Trade and Companies Register under number 898 502 240, whose registered office is located at 12 avenue Jean Jaurès – 66270 Le Soler (hereinafter referred to as “NoDataNoBusiness”) and any natural or legal entity using one or several Products, or who has ordered a Professional Service from NoDataNoBusiness (hereinafter referred to as the “Client”).
NoDataNoBusiness and the Client are hereinafter referred to collectively as the “Parties” and individually as a “Party“.
Upon product installation or written validation of an order form for the realisation of Professional Service, the Client expressly accepts the General Conditions, which he acknowledges having read, understood, and accepted without reservation. Otherwise, the Client will not be able to access or use the Products.
Article 1 – Definitions
The terms and expressions which first letter is a capital one, in this General Conditions, have the meaning defined in this article, used either as singular or plural:
- “Collected Data” means data relating to Client’s prospects and clients generated and/or obtained via the Products on the basis of information provided by Client.
- “Confidential Information” means any information communicated (written, orally or by any other mean) directly or indirectly by NoDataNoBusiness to the Client prior or after this General Conditions’ entry into force including, without limitations, the information related to the Services as well as the operations, processes, plans, know-how, commercial secrets, inventions, techniques, commercial opportunities, and activities of NoDataNoBusiness.
- “Data Processing Agreement” means the data processing agreement which governs the processing of personal data by NoDataNoBusiness on behalf of and for the Client. The Data Processing Agreement is available at URL https://playground.nodatanobusiness.com/privacy-policy/.
- “Force Majeure” means the events external to the Parties, unpredictable and unstoppable, as defined by French case law, the following events shall be deemed to constitute a case of Force Majeure (without purporting to be an exhaustive list): war (declared or not); terrorist act; invasion; rebellion; blockade; sabotage or act of vandalism; strike or social dispute, total or partial, external to both Parties; bad weather (in particular flooding, storms and hurricanes); events declared as “natural disasters”; zombie invasion; fire; epidemic; transport or supply blockades (particularly energy); failure of electrical energy, heating, air conditioning supplies, of the telecommunication or data transport network; satellite failure.
- “Products” means the software developed by NoDataNoBusiness proposed in particular as Google Workspace extensions (e.g., ImportFromWeb, ImportJSON).
- “Purchase Order” means the commercial proposal for the provision of Professional Services submitted by NoDataNoBusiness and accepted by Client.
- “Professional Service” means a service ordered by the Client from NoDataNoBusiness by the execution of a Purchase Order (e.g., a template creation or a software customization). The performance of a Professional Service is not included in the Subscription Plan but is subject to specific invoicing as set out in the corresponding Purchase Order.
- “Subscription Plan” means (i) one of the different subscription plans and/or (ii) the free licences, both available at the following addresses: https://playground.nodatanobusiness.com/importfromweb/#pricing and https://playground.nodatanobusiness.com/importjson/#pricing.
- “Services” means the provision (i) of data collecting, aggregation and structuration service contained in publicly available web pages or API provided through the Products; and/or (ii) support and training services when subscribed by the Client; and/or (iii) Professional Services.
Article 2 – Purpose
The purpose of the General Conditions is to define the conditions under which NoDataNoBusiness grants the Client the right to use the Product(s).
The Products comprise the provision of a service for collecting, aggregating, and structuring the data contained in any publicly accessible web pages or through APIs.
Article 3 – Access and use of the product
- Initialization of the Product
In order to access and use the Product, the Client must install such Product from Google Workspace using her/his Google account and accept these General Conditions.
Upon installation, the Client will benefit from the free usage period applicable to the relevant Product.
- Login and passwords
The Client acknowledges and agrees that it is not possible to access the Products without entering her/his login and password. The Client is solely responsible for the security of the logins and passwords. The Client agrees to promptly notify NoDataNoBusiness of any actual or suspected unauthorized access to a login, password and/or the Product at firstname.lastname@example.org.
Any action performed via a login assigned to the Google account of the Client will be deemed to have been performed by the Client, unless the Client has previously reported the relevant login as lost or stolen, allowing NoDataNoBusiness a reasonable period of time to deactivate the Product used.
Article 4 – Description of the services
Each Product has a specific documentation available at the following URL addresses:
- for ImportJSON: https://playground.nodatanobusiness.com/resources/importjson/
- for ImportFromWeb: https://playground.nodatanobusiness.com/resources/importfromweb/
The Professional Services may include in particular: the configuration of the extensions according to the Client’s requests, as well as the support and training services necessary for the use of the Products. No Professional Service shall be provided by NoDataNoBusiness unless a specific Purchase Order has been agreed upon between the Parties.
Article 5 – Licence to use the product
- Right to use the Product
NoDataNoBusiness grants the Client a personal, non-exclusive, non-transferable, and non-assignable right, for the whole world and for the duration of its Subscription Plan, to use the Product for its own internal needs only under the conditions and within the limits specified in the General Conditions.
The Client is prohibited, directly or indirectly, and undertakes to prohibit any person from using the Product, except with the express, prior, and written consent of NoDataNoBusiness:
- (i) to decompile, disassemble the Products, practice reverse engineering, or attempt to discover or reconstitute the source code, the ideas on which it is based, the algorithms, the file formats or the programming or interoperability interfaces of the Products, except within the limits of the right granted by article L. 122-6-1 of the French Intellectual Property Code, in any manner whatsoever. In the event that the Client wishes to obtain the information necessary to implement the interoperability of the Products with other software developed or acquired independently by the Client for use in accordance with the purpose of the Products, the Client undertakes, before calling upon a third party, to consult NoDataNoBusiness in advance, which may provide the information necessary for the implementation of this interoperability The exact cost incurred internally by NoDataNoBusiness for the provision of this information will be invoiced by NoDataNoBusiness to the Client;
- (ii) to proceed alone, or with the help of a third-party service provider, to correct any errors in the Products to make it conform to its purpose, NoDataNoBusiness alone reserving the exercise of this right in accordance with Article L. 122-6-1-I of the Intellectual Property Code;
- (iii) to remove or alter any reference or indication of the ownership rights of the Products or any third party;
- (iv) to transfer, use or export the Products in breach of applicable regulations;
- (v) to create composite or derivative works with the help of all or part of the Products;
- (vi) to make any use of the Products other than as permitted under the General Conditions;
- (vii) to make a copy of the Products in any way;
- (viii) to provide services to third parties, free of charge or for a fee, based on the Products and/or to grant access, in whole or in part, to the Product, in particular in the form of a service bureau, in ASP, in PaaS or in SaaS;
- (ix) to transfer, lease, sublicense, assign, pledge, or otherwise transfer all or part of the ownership of the Products.
Article 6 – Financial Conditions
In order to (i) continue accessing the Product(s) upon expiry of the free usage, and/or (ii) benefit from additional features from the Product(s), then the Client will have to pay NoDataNoBusiness the fee corresponding to its Subscription Plan.
Upon expiry of the Subscription Plan, all unused services will be lost, and Client shall not be entitled to any refund.
The Client acknowledges that NoDataNoBusiness may make access to the Products conditional upon payment of the Subscription Plan for the forthcoming period, if any.
The price of the Professional Services is specified in the Purchase Order.
- Payment terms
The Subscription Plan is paid monthly or annually (as determined by the Client when subscribing to the Subscription Plan), in advance, by direct debit, and automatically renewed.
The Client can change the Subscription Plan, by sending an e-mail to email@example.com or through the customer portal accessible at https://dashboard.nodatanobusiness.com at any time during the period of subscription. The fee will be adjusted accordingly at the time of the Subscription Plan modification in the event of an increase and, of the subsequent payment if the Subscription Plan is reduced.
The invoice for the price of the Professional Services is issued upon signature of the corresponding Purchase Order by the Client. The invoice shall be payable within a period specified on said invoice. Delivery of the Professional Services will only occur upon receipt of the full price by NoDataNoBusiness.
In the event of non-payment of amounts due within the contractual time limits:
- (i) any unpaid amount shall automatically bear interest from day to day until the date of its full payment in principal, interest, costs, and accessories, at a rate equal to three (3) times the prevailing legal interest rate, without any prior formality, and without prejudice to any damages that NoDataNoBusiness reserves the right to claim judicially;
- (ii) NoDataNoBusiness reserves the right, at its sole discretion, with or without notice, to suspend access to or limit the features of the Product until all amounts due have been paid;
- (iii) all costs incurred by NoDataNoBusiness for the recovery of sums due will be borne by the Client, including bailiff’s fees, court costs and attorney’s fees, said costs not being in any event less than the fixed indemnity referred to in article L. 441-10 II of the French Commercial Code, in the amount of forty (40) euros.
Any sums paid by the Client to NoDataNoBusiness under the General Conditions remain the property of NoDataNoBusiness and are therefore non-refundable, even in the event of termination of the General Conditions or of any other contract concluded between NoDataNoBusiness and the Client.
- Refund policy
NoDataNoBusiness offers a seven (7) days money back guarantee.
To be eligible for a refund, the Client must notify NoDataNoBusiness within seven (7) days of purchasing the subscription and/or the Professional Services by contacting the support at the following address: firstname.lastname@example.org.
The seven (7) day money back guarantee applies only to new subscriptions and does not apply to renewals or upgrades. Additionally, if the Client has used more than fifty percent (50%) of the usage limit corresponding to its current Product or more than 2,000 requests, NoDataNoBusiness reserves the right to refuse a refund.
Refunds will be processed within fourteen (14) business days of receiving the email from the Client. The refund will be credited to the original payment method used for the purchase of the Subscription Plan.
Article 7 – Undertakings of the client
The Client agrees to:
- have the appropriate skills to use the Products;
- not to import into the Products any data that may damage the Products and/or infringe the rights of any third party;
- have an up-to-date Internet browser, as well as a broadband Internet connection, the costs of which are to be borne by the user;
- make backups of all its data, prior to the first use of the Product and each time it deems necessary. NoDataNoBusiness will not be held responsible for any loss of data suffered by the Client.
Article 8 – Intellectual Property
- Intellectual property rights related to the Products
The Client acknowledges that the Products, including any patches, workarounds, updates, upgrades, enhancements, and modifications made available to Customer, and all trade secrets, copyrights, patents, trademarks, trade names and other intellectual property rights therein shall at all times remain the sole and exclusive property of NoDataNoBusiness and nothing in the General Conditions shall be construed as an assignment or transfer of any such rights to Client.
NoDataNoBusiness retains all intellectual property rights to the Professional Services and reserves the right to use it for any purpose.
- Know How
Any ideas, know-how or techniques that may have been developed by NoDataNoBusiness are the exclusive property of NoDataNoBusiness. NoDataNoBusiness may, at its sole discretion, develop, use, market and license any items similar to or related to the developments made by NoDataNoBusiness for the Client. NoDataNoBusiness is under no obligation to disclose any ideas, know-how or techniques that may have been developed by NoDataNoBusiness and which NoDataNoBusiness considers to be confidential and proprietary.
Article 9 – Confidentiality
- Confidential Information
Confidential Information does not include:
- (i) Information that is currently available or that becomes available to the public without either Party breaching the terms of this General Conditions;
- (ii) Information legally held by one Party before its disclosure by the other;
- (iii) Information that does not come either directly or indirectly from the use of all or part of the Confidential Information;
- (iv) Information validly obtained from a third Party authorized to transfer or disclose such information.
- Confidentiality Undertaking
Client undertakes, in its name and in the name of its employees, agents, sub-contractors and partners, for the duration of this General Conditions and for a period of five (5) years after the end of this General Conditions:
- (i) not to use the Confidential Information for any purpose other than the performance of its obligations under the terms of this General Conditions;
- (ii) to take all precautions that it would take with its own valuable confidential information, it being stated that such precautions must not be less than those of a diligent professional;
- (iii) not to disclose the Confidential Information to anybody whatsoever, by any means whatsoever, except to those of its employees, agents, service providers or sub-contractors for whom such information is necessary with a view to meeting the obligations of each of the Parties.
When the Subscription Plans comes to an end, either because it has reached its term or has been terminated, the Client shall return to NoDataNoBusiness, without delay, all Confidential Information, regardless of format, that it has obtained within the scope of this General Conditions. The Client shall keep any copies in any format whatsoever, without the express prior written agreement of NoDataNoBusiness.
Article 10 – Data Protection
- Processing of Collected Data
As part of the provision of the Product and/or the implementation of Professional Services, NoDataNoBusiness is required to process, among the Collected Data, personal data in the name and on behalf of the Client.
Thus, NoDataNoBusiness acts in this capacity as a data processor, the Client being responsible for the collection and processing of said personal data.
The Parties have entered into the Data Processing Agreement which complies with the provisions of Article 28 of the Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as “GDPR”).
- Data processing by NoDataNoBusiness
NoDataNoBusiness, in its relations with the Client, is led to process, on its own behalf, personal data of employees, managers, subcontractors, agents and/or providers of the Client.
In this context, the Client’s employees have the right to access and, if necessary, rectify, delete, or port their data. They also have the right to define directives concerning the fate of their personal data after their death.
In addition, the Client’s personnel may object for legitimate reasons to the processing of their personal data, withdraw their consent or limit it.
The exercise of these rights can be done at any time by writing to NoDataNoBusiness by e-mail at email@example.com.
The Client’s employees, managers, subcontractors, agents and/or service providers have the right to lodge a complaint with a supervisory authority.
The personal data of the Client’s employees, managers, subcontractors, agents and/or service providers are retained only for the duration of the execution of the Subscription Plan. This data is deleted as of the termination of the Subscription Plan.
However, at the end of the above-mentioned periods, including as necessary from the date of the data subject’s request for deletion, his or her personal data may be subject to intermediate archiving so that NoDataNoBusiness can meet its legal retention obligations:
- (i) a contract entered into in the context of a commercial relationship (five (5) years from its conclusion);
- (ii) records relating to order management (ten (10) years);
- (iii) records relating to billing management (ten (10) years);
- (iv) data relating to the management of a client/prospect file (three (3) years from their collection).
Some data may be archived beyond the periods provided for (i) in the event of litigation in order to establish the reality of the disputed facts; and/or (ii) for the needs of research, the establishment and prosecution of criminal offences with the sole aim of making these data available to the judicial authorities, as necessary.
The archiving implies that these data are anonymized and can no longer be consulted online but are extracted and stored on an autonomous and secure medium.
The Client undertakes, in the name and on behalf of NoDataNoBusiness- in accordance with the provisions of Article 14 of the RGPD, to inform its employees, managers, subcontractors, agents and/or service providers of the conditions of this processing and of the aforementioned rights.
Article 11 – Liability and warranty
The Parties expressly agree that NoDataNoBusiness acts as a content hosting provider and as such has no general obligation to monitor the content made available and/or distributed from the Products.
NoDataNoBusiness is not responsible and/or liable in any way (i) for the quality, accuracy or completeness of the content hosted and/or displayed on the websites and extracted via the Products, and (ii) any failure of its subcontractors.
NoDataNoBusiness is under no obligation to verify the use of the Products by the Client and is not responsible for the manner in which such use is made. NoDataNoBusiness is not responsible for the results of the activities for which the Client uses the Products. To the extent that a third-party service or product is established via the Products, NoDataNoBusiness is not responsible for that service or product, its operation or the manner and consequences of its use.
NoDataNoBusiness does not guarantee that there will be no bugs and, as a consequence, does not guarantee that use of the Products will be uninterrupted and error-free. The Client acknowledges in particular that Internet transmissions are not secured and may be delayed, lost, intercepted, corrupted, and that confidential information is transmitted over the Internet by the Client at their own peril.
To the full extent permitted by applicable law, the Client acknowledges that the Products are provided “as is” and as such NoDataNoBusiness shall not be liable for any damage, direct or indirect, whatever the grounds, which may have been suffered by fact of using the Products, and therefore waives any claim for compensation. If NoDataNoBusiness should be ordered to pay a financial penalty for any reason whatsoever, the Parties expressly agree that the amount of said penalty shall not exceed the amount of the sums actually paid by the Client during the last six (6) months of subscription, which the Parties agree would be a fair amount in view of their respective undertakings in these General Conditions.
NoDataNoBusiness may immediately suspend the use of the Services if NoDataNoBusiness is contacted by the targeted data extraction source, website, or repository and asked to cease all extraction activity.
Should any third party claim its rights against NoDataNoBusiness in connection to the actions of the Client, NoDataNoBusiness may immediately eliminate any contents gathered, saved or disseminated by the Client from servers used by NoDataNoBusiness. In the event of a judicial dispute with a third party related to the Client’s actions, the Client is obliged to provide NoDataNoBusiness with all necessary cooperation in order to resolve such a dispute successfully and the Client is obliged to reimburse continuously any purposeful expenses arising to us due to such a dispute. With respect to this, should an obligation arise to reimburse any claim of a third party, the Client agrees to pay NoDataNoBusiness the full scope of the damages.
Within the limits permitted by applicable statute, the Client may only hold NoDataNoBusiness liable for breach of these General Conditions for a period of one (1) year from the date at which the breach in question arose, which the Client specifically acknowledges and accepts.
Article 12 – Duration/Termination
The General Conditions shall enter into force upon their signature and for an indefinite duration.
The Client may terminate their subscription by sending an e-mail to firstname.lastname@example.org, or through the customer portal accessible at https://dashboard.nodatanobusiness.com, with a minimum prior notice of one (1) day before the end of the Subscription Plan.
In the event of termination of the General Conditions, for whatever reason, the Client shall immediately cease to use the Products at the end of the current period.
No refunds will be granted.
NoDataNoBusiness reserves the right to (i) suspend access to the Products or to certain functionalities of the Products, or to (ii) terminate the account of the Client by right, without notice, with no further formalities and no indemnity being due, by electronic mail, in the following cases:
- (i) the Client has used the Products in a way which is contrary to the public order and decency;
- (ii) the Client has breached the intellectual property right of NoDataNoBusiness and/or a third party;
- (iii) conception, use or provision via the Products of any content that is unlawful or in breach of theses General Conditions.
NoDataNoBusiness reserves the possibility to interrupt, at any time, temporarily or permanently, access to the Products. In case of a definitive interruption, the Client will be informed by any means that should be deemed appropriate by NoDataNoBusiness.
NoDataNoBusiness shall under no circumstances be held liable to the Client or to any third party for the termination and/or suspension of the Client’s account under the conditions set out in this article.
Article 13 – Miscellaneous
- Notification of unlawful content
In accordance with the provisions of article 6, I, 7° of law n° 2004-575 dated June 21, 2004, NoDataNoBusiness has no general obligation to monitor the information that it hosts via the Products.
If the Client should find that content put online via the Products and/or accessible via a hypertext link breaches applicable statutory or regulatory provisions, and in particular constitutes obviously unlawful content (e.g., infringing of a third party’s rights, defamatory), the Client can notify NoDataNoBusiness by sending an email.
The Client must supply NoDataNoBusiness with all of the necessary information so that NoDataNoBusiness can identify the content in question and/or point it out to the editor or the administrator of the Product on which the unlawful content is broadcast, such as:
- (i) name, surname, profession, address, nationality, date, and place of birth (for an individual) or company form, name, registered head office and legal representative body (for a company);
- (ii) description of the disputed facts and their exact location;
- (iii) the reason for which the content must be withdrawn, including reference to the legal and factual basis.
The Client accepts to be featured on NoDataNoBusiness’ clients reference list. Such acceptance includes being mentioned in press releases, marketing materials, and/or on NoDataNoBusiness’ website, and may be used as an example of a mutually beneficial collaboration for marketing purposes.
If the Client does not wish to appear on NoDataNoBusiness’ clients reference list, it must inform NoDataNoBusiness in writing.
- Modification of the General Conditions
NoDataNoBusiness reserves the right, at any time, to modify the General Conditions of use and sale as it may deem to be necessary and useful.
If any modification of the General Conditions arises, NoDataNoBusiness undertakes to submit the new General Conditions to the Client’s acceptance the next time said Client use the Products.
The Client will be able to access them on the website https://playground.nodatanobusiness.com/terms-conditions/.
Any Client who pursues use of the Products after being notified of a change in the General Conditions shall be deemed as having specifically accepted the new General Conditions.
- Force Majeure
Neither Party shall be held liable if the performance of its obligations should be delayed, restricted, or made impossible by virtue of a case of force majeure.
If a case of Force Majeure should occur, the performance of the obligations of each Party shall be suspended. If the Force Majeure should last for more than one (1) month this General Conditions may be terminated at the request of the most diligent of the Parties, with neither Party being held liable. Each of the Parties shall bear their own costs that may be incurred as a result of the Force Majeure.
If one or other Party should fail to exercise any one of its rights under the terms of this General Conditions whatsoever, this shall not be deemed to be a waiver of that right, such waiver only to be deemed to have been given when expressly declared by the Party in question.
- Relationship between the Parties
Unless expressly stated otherwise, the Parties shall remain independent contractors and no provision of the General Conditions shall be construed as creating between the Parties any partnership, company, nor any relationship of agent or commercial agent.
If one or more of the provisions of this General Conditions should be held to be invalid by a competent court, the remaining provisions shall retain their scope and effect.
The provision that has been held to be invalid shall be replaced by another provision, the scope and meaning of which shall be as close as possible to the scope and meaning of the invalidated provision, but in compliance with applicable legislation and the mutual intent of the Parties.
Article 14 – Applicable Law- Competent jurisdiction
This agreement is governed by French Law.The Parties expressly accept to submit any dispute related to this General Conditions (understood as any dispute related to its negotiation, conclusion, enforcement, cancellation and/or termination) and/or related to the commercial relationships between the Parties and their termination, to the exclusive competence of the Paris Courts, notwithstanding plurality of defendants or warranty claims, and including summary proceedings and ex parte motions.