General Terms and Conditions

1. Scope:

  • These Terms and Conditions ("T&Cs") are set out between the company iAdvize S.A.S ("iAdvize"), operating the site www.iadvize.com (the "Site"), and You, the user of at least one of the services offered on the Site.
  • Acceptance of these T&Cs does not free You from publishing your own Terms and Conditions applicable to your own websites, in accordance with the relevant laws and regulations, and in particular where your T&Cs would be applicable to end consumers.

2. Site and Services operating party

  • The Site and services offered through the Site (as per definition hereunder) are operated by iAdvize S.A.S. ("iAdvize"), a company with registered offices at 5 rue Jean Jacques Rousseau, 44000 Nantes, France, registration number 519698914.

3. Agreement to these Terms and Conditions

  • By agreeing to use all or part of the Services offered by the company iAdvize on the Site ("Services"), you agree to these Terms and Conditions, without limitation or exception, and acknowledge having read them in their entirety.
  • Any conditional subscription is considered void and invalid. If You do not agree with these T&Cs, which You cannot modify, You must not subscribe and/or use the Services.
  • iAdvize reserves the right to update and to change these Terms and Conditions at any time and at its sole discretion. If you have an active service subscription, you will be notified at least one week before the date of applicability of the new T&Cs.
  • Any new features that will enhance or extend the Services are subject to these T&Cs. Continued use of the Services after such changes demonstrates your agreement to such changes.
  • You can review the latest version of the T&Cs on http://www.iadvize.com/terms_of_use_iadvize.html.
  • Violation of these T&Cs will result in the immediate termination of your agreement with iAdvize and in the closure of your iAdvize account, according to what is stated in Article 7.

4. Registration and Access to the Services

  • Accounts created by robots ("bots") or other automated methods are not permitted.
  • You must provide a valid e-mail address and all information required to complete the registration process. You can find the required information on the registration form http://www.iadvize.com/admin/?go=informations
  • You must provide your billing address, and a valid credit card, or bank transfer details with a valid debit authorization form, in order for iAdvize to process your bills and the monthly payment of your subscription plan.
  • The Services you subscribe to may only be used on the site whose address has been declared during registration. Any use of the Services onto another site requires the subscription to a different account.
  • You are fully responsible for protecting the security of your account and its access codes. iAdvize can not be held responsible for any loss or damage resulting from your lack of respect of this security requirement.
  • As the editor of your own site, You are fully responsible for the content that You publish or communicate via the iAdvize Services. You agree to only publish or communicate content compliant with laws and regulations.
  • The rate plans offered by iAdvize are available on the page http://www.iadvize.com/plans_and_pricing_iadvize.html.

5. Page view thresholds

  • A maximum amount of page views is assigned to the subscription plan you have selected. You can check the threshold for each plan on out rate plans page: http://www.iadvize.com/plans_and_pricing_iadvize.html. At any time, the amount of page views accrued for your subscription period is visible on your account page http://www.iadvize.com/admin/?go=subscription.
  • The number of page views is based on the number of calls made to the iAdvize script by your site's pages. Each time one of your pages including our script is displayed, one page view is counted.
  • When your page views counter reaches 80% and 95% of the threshold corresponding to your rate plan, You will be notified by e-mail. Once the maximum threshold of page views for your current subscription period is reached, the service will be temporarily disabled. However, in order to ensure continuity of service, you can take advantage of the automatic "Upgrade". The Terms and Conditions of the Upgrade service are available on the page http://www.iadvize.com/admin/?go=subscription.

6. Payment, refund, upgrading, downgrading

  • We require a valid credit card, or else your bank account details with a valid debit authorization, in order to bill your Services.
  • The Service may be tried for free for seven days from the date of your registration on the Site. The trial period includes access to all options, and is limited to the number of page views of the rate plan You have selected when subscribing.
  • If You do not cancel your account within seven days from its creation, you will be billed on a monthly basis starting on the 8th day of your plan for a full 30-day period. If You commit to a 1-year subscription, You have subscribed for a period of 365 days from the 8th day.
  • If You decide to confirm a subscription during a trial period, said trial period will be considered finished and You will be immediately billed for the amount of the chosen subscription.
  • At the end of each 30-day subscription term, your subscription will be automatically renewed without any necessary action for another 30-day term. If You commit to a 1-year subscription, your subscription will be automatically renewed without any necessary action for another 365-day term.
  • The Services are billed on the first day of each 30-day subscription term, and paid fees are not refundable. Any paid 30-day subscription will not be refunded, even in the event of a downgrade or termination during this period. If You commit to a 1-year subscription, iAdvize service is billed every 30 days, the first day of each period of 30 days. Your annual subscription is not refundable.
  • All rates and fees shown are assumed net of VAT, except when clearly stated "including VAT".
  • In case of upgrade, the new plan conditions are effective immediately. You will be automatically billed for the new amount of your new rate plan at your next renewal date.
  • In case of downgrade, the new plan conditions will be effective at the start of the next subscription term. You will be automatically billed for the new amount of your new rate plan at your next renewal date.
  • In case of a downgrade, where You had previously selected one or more upgrades during the 30-day subscription term, the new plan conditions will be effective at the start of the next subscription term. You will be automatically billed for the amount of the highest plan you have used during the completed term.
  • Downgrading your plan may result in loss of data and limitations in functionality. iAdvize will not be responsible under any circumstances for such losses, and it is Your responsibility, in this situation, to take all necessary steps to prevent loss of data.

7. Termination

  • The only validly procedure to terminate your account is simply to click on the link "I want to close my account immediately" on the page http://www.iadvize.com/admin/?go=subscription. For the sake of clarity, an e-mail, a chat conversation or a phone call to request account termination will not be taken into account as valid termination requests.
  • If You commit to a 1-year subscription, you can terminate your account at any time during your trial period. You can cancel your 1-year subscription after your first year subscription.
  • Your termination will be effective immediately.
  • Any data held by iAdvize will be immediately deleted upon termination. Therefore, your data will be permanently lost.
  • iAdvize reserves the right to suspend or terminate your account or your access to the Services, without any particular formalities, in case of violation of these T&Cs, as a result of a formal notice sent to You by e-mail requesting to comply to these T&Cs, and if there is no remedy within 15 days. Moreover, the repeated violation of these T&Cs will result in the suspension or termination of your account, or denial of access to Services by iAdvize, without any particular formality.

8. Service and pricing modifications

  • You can review the latest version of the rate plans on http://www.iadvize.com/plans_and_pricing_iadvize.html.
  • iAdvize reserves the right to modify or temporarily stop the service at any time, with 15 days notice.
  • iAdvize reserves the right at any time to modify the Service rates. Rate modifications will be notified at least 30 days before they become effective.

9. Intellectual property and data ownership

  • iAdvize does not hold nor claim any intellectual property rights on any content (texts, images) that You publish through the Services.
  • iAdvize will not perform any check over the content that you publish. However, in case where iAdvize was made aware of any offending content published through its Service, said content will be deleted immediately. Notwithstanding these immediate measures, iAdvize will still hold the right to terminate your subscription.
  • Moreover, iAdvize reserves the right to disclose to official authorities, upon request, any information in its possession to identify authors of offending conduct.
  • You shall not modify, adapt, or hack the Services, or allegedly imply that a site is associated with iAdvize.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit all or part of the Services or access to the Services without the express written permission of iAdvize.

10. Privacy policy

  • You agree to comply with all laws and regulations relating to privacy and protection of personal data in the way you use the Services, and in collecting individual personal information from visitors to your site.
  • You agree to include the following statement on your website, and to draw your visitors' attention to it:
    "This site uses iAdvize, a live chat and behavioral analysis service. iAdvize uses cookies and JavaScript, which are files stored and executed on your computer to help the website analyze site usage by its users, and to provide such data to representatives of the site that might, if needed, manually enhance this data. The data gathered by cookies about your site navigation (including your IP address) will be transmitted to and stored on iAdvize servers. iAdvize uses this data in order to evaluate your use of the website, provide reports on website activity and on the history of your interaction with the site or the site representatives. iAdvize may disclose such data to third parties where required by law or where such third parties process data on behalf of iAdvize. You can disable cookies by configuring the appropriate settings on your browser. However, disabling cookies might prevent the use of certain features of the site. By using this website, you hereby explicitly agree to the collection and use of the said data by iAdvize for the purpose described above. At any time during your navigation on this site, our representatives may be monitoring your real-time navigation."
  • You agree to submit to iAdvize any request for access, change and deletion of personal data from your users to the following e-mail address: contact@iadvize.com.
  • You agree to grant iAdvize the right to collect, store, process and use information about your use of the Services. iAdvize will not share such data with third parties unless iAdvize receives your permission.
  • With reference to French Law of 6 January 1978, you have the right to access, modify or delete any personal data collected about you. These rights may be exercised at the following address: contact@iadvize.com

11. Reference

  • Unless explicitly requested from You to iAdvize, You authorize iAdvize to use your trade names, trademarks, logos, domain names in its marketing collaterals.

12. iAdvize Limited Liability

  • Your use of the Services is made at your own risk.
  • iAdvize cannot guarantee continuity of access to the Services, nor their permanent availability. Therefore, iAdvize cannot be held liable for any losses or damages whatsoever, arising from the use of the Internet network, in particular service interruption, external intrusion, computer viruses, or fraudulent use made by a third party.
  • Site maintenance operations can be deployed at any time, which may temporarily prevent access to the Services. iAdvize cannot be held liable for these unavoidable nuisances.
  • You are solely responsible for the configuration of your computer hardware, data, software and network connection to the Site, allowing You to access the Services.
  • You understand and agree that your content might be transmitted unencrypted across different networks.
  • Information of any kind available on the Site is only indicative. As such, it is your responsibility to verify its accuracy, completeness and relevance. iAdvize can not be held liable for any consequences of the usage You might make of this information.

13. Contact

  • If you wish to send feedback, provide information or ask a question about using the Site and the Services, except for eligible complaints as per Article 14 below, you can contact iAdvize to the following address: contact@iadvize.com.

14. Complaints

  • Any action performed on the Site that might be damageable to You is eligible for a complaint to iAdvize. All complaints should immediately be sent to:

    iAdvize, 5 rue Jean Jacques Rousseau, 44000 Nantes, France

    OR

    reclamation@iadvize.com
  • The complaint must include in all cases:

    . the date of its notification,
    . the full identity of the complainant:
        - in case of a person: name, occupation, address, nationality, date and place of birth;
        - in case of a legal entity: its nature, its name, its registered offices and the contact of its legal representative,
    . the name and address of the recipient (if a corporation, name and registered office),
    . the description of the facts and their precise location,
    . the reason why data must be removed, including reference to relevant regulations and jurisprudence
    . Copy of any correspondence addressed to the publisher of the offensive data or author of malicious activity, requesting their suspension, deletion, or modification, or alternatively justification of the fact that the author or publisher could not be reached.
  • iAdvize reserves the right to decide on any appropriate actions, without any commitment on our part to take specific actions and/or transfer the complaint to the authorities.

15. Jurisdiction

  • Any dispute arising out of this agreement between iAdvize and You is subject to the exclusive jurisdiction of the Trade Tribunal of the city of Nantes, France.