Terms & Conditions

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Cobbaï general terms & conditions of use

as of Aprils 23rd , 2021

THESE GENERAL TERMS OF SERVICE (the « Terms ») are a legal and binding agreement between Cobbaï, a Société par Actions Simplifiée registered under the laws of France under number 853 380 459 with the Paris Trade & Companies Register, and having its registered office at 72 quai Louis Blériot, 75016 Paris, France (« Cobbaï » or « We » or « Service Provider ») and you, or if you represent an employer or client, then the employer or client (« You » or « Client »), governing your use of Cobbaï’ https://cobbai.com website and of the web app https://app.cobbai.com, the emailing services and all other related services that Cobbaï provides (collectively the « Services »).

These Terms are made available to you on the Website, and may additionally be provided to you upon request.

These Terms are enforceable vis-à-vis the Client who acknowledges being aware of these Terms and having accepted these Terms before placing any order. The confirmation of an order is deemed to incur full acceptation by the Client of the Terms in force on the date of the order, the record-keeping of which is handled by Cobbaï.

Any Client is then deemed to have full knowledge and having accepted without any reserve all the provisions of the Terms, that shall apply to any Services rendered by Cobbaï. These Terms shall prevail over any others contrary provisions or conditions which may be included in the general terms and conditions of purchase or any other document from the Client. Any contrary conditions set forth by the Client shall be unenforceable against Cobbaï, unless the latter accepts these conditions.

Nevertheless, Cobbaï retains the right to derogate to some provisions of the Terms, depending on the negotiations conducted with the Client, by establishing specific conditions of sale (in particular through the entering into of a service agreement) which shall be approved by the Client.

Cobbaï reserves all rights to change or update these Terms at any moment and at its sole discretion, by posting on its Website or by providing any other notice, if possible at least 30 days before its entry into effect, and your rights under these Terms will be subject to the most current version posted on the Website. Notwithstanding the above, the Terms applicable to the Client for a given order are those available on such date. It is therefore specified that any amendment of the Terms shall not apply to any order placed before such amendment, unless prior approval of the Client.

Cobbaï recommends to the Client to store and/or print the Terms for a sustainable and safe storage, in order to be in a position to recourse to it throughout the duration of the contract if need be.

PLEASE CAREFULLY READ THESE TERMS. BY SUBSCRIBING OR BY ACCESSING OR USING THE WEBSITE OR THE SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE, WITHOUT RESERVATIONS, TO BE BOUND BY THE LATEST VERSION OF THE AGREEMENT BEING THE FOLLOWING DOCUMENTS, LISTED BY ORDER OF PRIORITY:

  • Specific Terms (defined below in article 1), if any;
  • These Terms;

The Services are exclusively reserved for a professional use and are not available to minors under the age of 18.

By accessing the Website and using the Services, You acknowledge having received all the necessary details required to assess our technical and commercial proposal, and having confirmed that the Services are consistent with your activity needs. You further acknowledge having checked that your IT equipment is secured and up and running for the purpose of accessing the Services and the Website.

Article 1. Definitions

Each capitalized term herein shall have the meaning given below unless otherwise expressly stated.

« Assistance Services » means any consulting services, development, configuration and settings assistance provided by Service Provider in order to allow Client to access and use the Service, including integration of an API into its own website or implementation of an « SMTP-IN » protocol for email transfers. Assistance Services include consulting services, on-boarding and training services, as well as all related services.

« Data » means Client’s electronic data, whether or not personal data, which are collected, managed, processed and/or shared by Client and Service Provider, and which may be intended for third parties, through the Service access and use rights.

« End User » means any user accessing the Website and/or using the Services.

« Service » means the Cobbaï externalized application solution that is hosted on the servers and/or cloud that Service Provider designates and that Client may execute remotely.

The Service offers various features, including, but not limited to, managing customer feedback in the form of messages coming from multiple channels. Service Provider expressly reserves the right, at any time during the term of the Agreement, to adapt, arrange and/or modify any of the components granting access and use rights to the Service and the associated documentation, provided that the maintenance and support commitments are complied with for these operations. Similarly, Cobbaï may, at any time, discontinue providing a platform deemed undesirable and/or obsolete and migrate services to a new infrastructure; in which case, Cobbaï will endeavor to inform You as early as possible and invite You to migrate your account to the new infrastructure.

« Intellectual Property Right » means all industrial property and copyrights including (but not limited to) patents, trademarks, designs and models, copyrights (audiovisual effects, graphic interfaces, preparatory design material, software and source code, specifications and ancillary documentation).

« Operating Policies » means the operational rules, guidelines and processes followed by Service Provider in the operation of the Service, and with which Client’s compliance is also required in some cases. These Operating Policies are comprised of the Privacy Policy, as updated from time to time, and are incorporated herein.

« Specific Terms » means all specific terms and conditions mutually agreed with the Client stating in particular the financial and technical elements specified in quotation.

« Website » means the web pages associated with the technological features of the Service described in the Service Documentation that can be accessed by and configured for and/or by Client, especially the “Admin” interface, in accordance with the Agreement.

Article 2. Support and Service Levels

2.1 We shall use reasonable efforts, in accordance with customary state of the art principles, to ensure that communication between You and your users are properly routed.

You may also subscribe to additional recommended services in order to improve the Service. Such additional services shall be invoiced separately and shall be provided only after your prior acceptance of a quotation and are as referenced in the Specific Terms.

2.2 Support and Service Levels

You shall be responsible for appointing an administrator (the « Administrator »), who shall be in charge of collecting information and assistance requests from your users and for trying to respond to them.

We shall provide second level support for the Service (« Support »), consisting of (i) responding to the Administrator’s requests for information and support in connection with use of the Service, or (ii) resolving anomalies arising from use of the Service that the Administrator has not been able to fix despite its best first level support efforts.

The Administrator is to create a Support ticket by sending a request to: contact@cobbai.com including as much detail as possible relating to the request for Support, it being agreed that only the Administrator may contact/access the Support service.

We provide email support.

Article 3. Use of the Services

3.1 Acceptable Use Policy

This Acceptable Use Policy applies to Cobbaï’s (a) websites (including without limitation www.cobbai.com, app.cobbai.com and any successor URLs, mobile or localized versions and related domains and subdomains) and (b) communications and messaging products and services ((a) and (b) collectively, “Services”). To keep the Services running safely and smoothly, we need our users to agree not to misuse them. Specifically, you agree not to:

  1. probe, scan, or test the vulnerability of any system or network used with the Services;
  2. tamper with, reverse engineer or hack the Services, circumvent any security or authentication measures of the Services or attempt to gain unauthorized access to the Services (or any portion thereof) or related systems, networks, or data;
  3. modify or disable the Services or use the Services in any manner that interferes with or disrupts the integrity or performance of the Services or related systems, network or data;
  4. access or search the Services by any means other than our publicly supported interfaces, or copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
  5. overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on the Services that consume extraordinary resources, such as by: (i) using “robots,” “spiders,” “offline readers” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time using a normal browser; or (ii) going far beyond the use parameters for any given Service as described in its corresponding documentation;
  6. when You use the Cobbaï API, You shall be responsible for your usage of the Cobbaï platform and shall limit your API calls to a reasonable volume that cannot exceed 1000 calls per hour. Cobbaï reserves the right, at its sole discretion, to take any necessary action to address any improper use;
  7. solicit any users of our Services for commercial purposes;
  8. use the Services to generate or send unsolicited communications, advertising or spam, or otherwise cause Cobbaï to become impaired in its ability to send communications on its own or on its customers’ behalf (e.g., by causing Cobbaï to become registered on any Email DNS blocked list or otherwise be denied services by any other third party communications service provider);
  9. misrepresent yourself or disguise the origin of any data, content or other information you submit (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Cobbaï or any third party) or access the Services via another user’s account without their permission;
  10. use the Services for any illegal purpose or in violation of any laws (including without limitation data, privacy and export control laws);
  11. use the Services to violate the privacy of others, or to collect or gather other users’ personal information (including account information) from our Services;
  12. use the Services to stalk, harass, bully or post threats of violence against others;
  13. submit (or post, upload, share or otherwise provide) data, content or other information that (i) infringes Cobbaï’s or a third party’s intellectual property, privacy or other rights or that you don’t have the right to submit (including confidential or personal information you are not authorized to disclose); (ii) that is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in Cobbaï’s discretion; (iii) contains viruses, bots, worms, scripting exploits or other similar materials; or (iv) that could otherwise cause damage to Cobbaï or any third party;
  14. promote or advertise products or services other than your own without appropriate authorization;
  15. send via our Services promotional emails for a third-party, nor to assign the use of all or part of the Services to your own customers, even for free;
  16. use meta tags or any other “hidden text” including Cobbaï’s or our suppliers’ product names or trademarks; or
  17. permit or encourage anyone else to commit any of the actions above.

Without affecting any other remedies available to us, Cobbaï may permanently or temporarily terminate or suspend a user’s account or access to the Services without notice or liability if Cobbaï (in its sole discretion) determines that a user has violated this Acceptable Usage Policy.

3.2 Credentials

When You create your account, You undertake to share the information required to process your orders as requested on line, including, your surname, first name (or corporate name of your company), address and valid email. This Data shall be processed in accordance with our Privacy Policy, where we describe how We manage, process and store Your Data in the context of providing our services.

You undertake to (i) provide upon registration on the Website real, up to date and sincere information, and in particular not to use any wrong name or address or any name and address without due and valid title over it, and (ii) maintain up to date the registration information in order to maintain the above mentioned undertakings. You are responsible for the consequences of false or inaccurate information You have shared with us.

You shall keep confidential and secure all credentials, User IDs and passwords associated with your account, and to immediately notify Us of any unauthorized use of your account, or of any theft or loss (including any assumption of loss) of credentials allowing access to the account. Each account is personal and can only be accessed and used by You or the users duly authorized by You. You recognize and acknowledge that You may be liable for any unlawful, wrongful or fraudulent use of the account, and You shall indemnify and hold Us harmless against any action or claim arising from such a use. We reserve the right to request proof of your identity or authority before granting access to your account.

3.3 Content

You shall be solely and wholly liable (i) for any Data, information or content, in particular the content of discussion sent by You or your users through the Service, including if such content is provided by a third party, such as a bot (hereinafter collectively referred to as « Content »), and (ii) for the Content’s compliance with the regulations in force in accordance with article 4 below.

You acknowledge and warrant that the Content, whether in whole or in part, shall in no event:

  1. infringe, misappropriate or violate any right, especially any Intellectual Property Right, of any third party whatsoever;
  2. contain any virus or program designed to cause damage, intercept or misappropriate any system or Data or personal data in a fraudulent manner;
  3. contain any unlawful, bullying, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature or any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable laws or regulations;
  4. contain any sensitive personal data, including social security number, individually identifiable health or health insurance information, bank account information or credit card information;
  5. be false, misleading or inaccurate; or,
  6. be in breach with the Operating Policies and more generally with applicable laws (in particular as to personal data protection).

You acknowledge that We have the right, but not the obligation, to monitor the Service and any Data submitted to the Service. To comply with legal obligations in this respect, We may take any actions (including removing Content or denying routing of certain Data and emails) We reasonably believe are necessary to prevent unlawful activity in connection with the Service.

You expressly acknowledge and agree that Cobbaï shall not be liable for any loss or destruction of the Content, including the Data, and that You shall be responsible for ensuring that You have proper backups thereof.

Article 4. Compliance with the Law

You (i) shall comply with all laws and regulations in force that are applicable in any country from which You access the Website and/or use the Service, as well as in any country to which You send emails, and (ii) shall indemnify and hold Us harmless from any action brought against Us, judgment entered against Us or loss We may sustain due to Your non-compliance with applicable laws and regulations.

Furthermore, You agree to reimburse Us for any action (such as any indemnification we may be liable to pay, including proceedings-related fees) or formality We may be required to carry out to comply with a legal demand or request from an administrative or judicial authority in relation to your use of the Service.

In the event You become aware of a violation by any third party of any provision of these Terms or of any laws or regulations and, in particular, if You become aware of a security breach by a third party or discover a security breach, You shall immediately notify Us by any means, including by sending an email to edouard@cobbai.com

Article 5. Plans – Financial Terms

We offer various options to our Clients, with or without a fixed commitment period. You can find these options and the relevant pricing on our Website at: https://cobbai.com. The pricing of these plans is available in Euros.

5.1 Paid plans

Paid plans are without any fixed-term commitment.

Your paid subscription shall be due and payable either on a monthly or yearly basis in advance from the date of your first paid subscription and will be automatically renewed thereafter on the same basis, subject to the full payment in advance of the fees due. You may not re-subscribe to the same paid monthly plan within twenty-one (21) days for the same account.

You may at any time terminate Your paid self-service plan. We nevertheless draw your attention to the fact that Cobbaï shall not reimburse You the unused fees paid for a started month or year, even on a pro rata basis; it is then Your responsibility to anticipate the termination of Your plan to make it effective at the most convenient time.

Payment may be made by bank transfer.

5.2 Paid plans – Custom

Custom paid plans have a fixed-term commitment (generally set to 12 months), even lower use restriction limits than our other paid plans and offer more custom solutions.

When You subscribe to a Custom paid plan, the financial conditions that are applicable to You (fees, schedule, payment terms and any rebate that may be offered to You) are set forth on the Specific Terms signed by You. Unless otherwise stated, the Minimum Annual Fee is non-cancellable and non-refundable for any reason whatsoever.

Us or Yourself may terminate the plan at the end of each term (anniversary date), by giving prior a one (1) month notice. You will remain responsible to pay all amounts due to Us until the termination effective date. In the absence of such a termination, the plan shall be automatically renewed for the same fixed term, and You shall be invoiced according to the initial schedule payment not including any overage charges.

Service Provider or Yourself may also terminate the plan in advance in the event the other Party materially breaches the Agreement and fails to cure such material breach within thirty (30) calendar days after receipt of a notice of such breach, sent by certified mail, return receipt requested. Notwithstanding the foregoing, termination may be immediate in the event of the following circumstances: in the event of a breach of any laws and regulations ; in the event of a breach or attempted breach of the security of the Website; or, in the event of fraud or attempted fraud in connection with use of the Website or the Service.

5.3 Common provisions for all paid plans

The plan fees do not include the cost of equipment and Internet access enabling use of the Service, the costs of which shall be borne by You.

Client Account Services fees, if any, are specified on the purchase order and/or the special terms. They do not cover, and You agree to separately reimburse Us for all out-of-pocket expenses incurred by Us in connection with the Client Account Services including: (i) travel expenses, including airfare, car rental and travel time exceeding four hours per week; (ii) accommodation expenses, including the cost of hotels; (iii) meal expenses, including breakfast, lunch, and dinner; (iv) translation and/or interpretation services; and, (v) costs of materials. Client Account Services fees shall be invoiced when the purchase order is signed. They are non-cancellable and non-refundable.

The Client expressly acknowledges that any order placed on the Website is an order incurring a payment obligation, requiring the payment of a price against provision of the Services ordered.

Any delay in payment (i) will allow us to recover and without notice late interest, any collections fees and other amounts as allowed by law and (ii) may immediately, after notice, temporarily suspend access to and use of the Service and/or terminate your subscription. All amounts payable are quoted excluding taxes. You shall pay any and all taxes imposed by any government on the amounts payable for the Services, or reimburse Us in the event We have paid such amounts, for which You are personally responsible.

Cobbaï reserves the right to change the Services fees by notifying You by email with at least a thirty (30) day notice. If You do not accept the new fees as notified to You, You shall cease all use of the Services on or before the last day of the monthly period already paid at the date of the notification and terminate your plan. For fixed term plans, the fees applicable are the ones in force on the date of your order; the new fees will be applicable to You only on the renewal date of your plan.

You agree not to seek Cobbaï’s liability and not to dispute payment for the sending of Your emails, even in the event any of them are blocked by a third party and do not reach their recipient as You would have desired.

Article 6. Termination

6.1 Right of withdrawal

The Services are reserved exclusively for a professional use and any regulations on consumer or retraction rights are not applicable to the Services. You therefore do not benefit from any withdrawal right.

6.2 Termination and/or deletion of an account upon Cobbaï’s initiative

Cobbaï may terminate your Account and the performance of Services at its sole discretion under the following circumstances:

  1. after You have been notified by Cobbaï following any breach of laws or regulations or these Terms, including but not limited to: if payment or partial payment of any sum due by You is not received by Cobbaï; in the event of a payment incident; in the event of a breach or attempted breach of the Website security; or, in the event of fraud or attempted fraud when using the Website.

6.3 Consequences of the termination

Upon expiration or termination of your account for any reason whatsoever, all amounts still owed by You, shall become due and payable immediately. We will not refund any prepaid fees and will charge You the full amount that We would have been entitled to charge for the remaining term.

You are advised that as of the effective termination date of your account, You will cease to have access to your account and to the Data stored therein, subject to the provisions of the Privacy Policy and applicable laws.

Article 7. Intellectual Property – Access and Use Rights

7.1 Trademarks

The service name Cobbaï and all trademarks referenced on the Website, without limitation, are among the registered trademarks of Service Provider. You are not allowed to use any such trademarks without Service Provider’s express written agreement. All Website content, including any text, file, picture, photography, video, logo, drawing, software, trademark, visual identity, database, structure of the Website, service names and any other intellectual property item as well as any other data or information (the « Elements ») are the property of Service Provider and its affiliates and are protected by French and international regulations applicable to intellectual property. Other trademarks that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Service Provider.

7.2 Copyrights

All elements on the Website, such as graphic elements (including graphical interface), logos, headers, icons, service names, literary content, computer programs, etc. are protected by copyright laws, and remain the full property of their authors. You are not allowed to use the content or design of the Website without Service Provider’s express written agreement.

As a consequence, no Element of the Website may be amended, duplicated, copied, sold, transmitted, published, distributed, broadcasted, stored, used, leased or operated by any mean, for free or against consideration, by a Client or by any third party, whatever the mean and support of use recoursed to, known or unknown to date, without the prior approval of Us, the Client being the sole responsible for the unauthorised use or exploitation.

You also cannot, unless expressly agreed by Cobbaï:

  1. Modify, reverse engineer, translate, decompile, disassemble, create derivative works based on the Services or otherwise attempt to extract the source code of our platform; or
  2. Remove any proprietary labels, notices, or marks from the Services; or
  3. Access the Services in order to (i) build a competitive product or service; or (ii) copy features, ideas, functions or graphics of the Services; or
  4. Use the Services in a way that:
  • Violates the Intellectual Property Rights or any other rights of anyone else;
  • Violates any law or regulation;
  • Is harmful, deceptive, fraudulent, threatening, harassing, obscene, or otherwise objectionable;
  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes; or
  • Runs any form of “spam” on the Services, or any processes that run while You are not logged into the Services, or that otherwise interfere with the proper working of the Services.

Any activity that infringes terms of the Agreement violates copyright law and will be prosecuted according to the current applicable laws.

7.3 Right of Access and Use

Subject to full payment of all fees when due for any paid plans, Cobbaï authorises/grants You a limited, non-exclusive, non-transferable, personal and temporary right to access and use the Service. This grant of rights shall not be deemed an assignment of any Intellectual Property Rights.

7.4 Exclusive rights

Cobbaï has the exclusive right to intervene to adapt, arrange and/or modify any of the components of the Service and in particular, to correct any errors. Cobbaï remains the owner of all Intellectual Property Rights, protecting, where appropriate, the works and services performed by Us in connection with our Services, as well as all associated documentation, but also all copies of such works and services, their derivatives, modifications and enhancements.

Article 8. Warranties

Cobbaï makes all reasonable efforts to deliver a functional Service and substantially compliant with its documentation, but does not guarantee an error or “bug” free service. In particular, Cobbaï does not warranty that the Website and the Services will be running without any interruption nor malfunction. You acknowledge that the operation of the Website may be interrupted for maintenance, updated or technical improvement, or to amend the content or layout of the Website. We shall do our best efforts to inform the Client ahead of any planned interruption, the Client acknowledging that some interruption may not be planned, in which case Cobbaï will not be in a position to inform the Client in advance.

If You notice a non-compliance issue, You must notify Cobbaï as soon as possible and Cobbaï undertakes to make every reasonable effort to remedy the non-compliance issue,as this is Your only recourse.

Cobbaï also ensures that Support Services will be provided, where appropriate, according to the description given in the Specific Terms signed by You, where applicable, and proper codes of practice, as the Service Provider is only bound by an obligation of means in this instance.

You declare, warrant and agree, in Cobbaï’s favor, that: (1) You have the right and authority to subscribe and use the Services, and accept these Terms, and if You accept the Agreement on behalf of a corporation or other entity, to link that company or other entity hereunder; (2) You have the right and executing authority of your obligations under these Terms; and, (3) all Data, information or content that You provide to Cobbaï in the context of your access to the Website and use of the Services is accurate and up-to-date.

Furthermore, You acknowledge that Cobbaï does not control the transfer of Data via the internet, and cannot be held responsible for delays or delivery problems arising from internet or other outside connection issues.

You additionally acknowledge that the Internet does not allow to warranty the absolute safety, availability and integrity of the data circulating through it. In particular, We do not warranty that the Website and the Services will be running without any interruption nor malfunction. In particular, the operation of the Website may be interrupted for maintenance, updated or technical improvement, or to amend the content or layout of the Website.

Article 9. Limitation of Liability

The Service, as well as the Website may include links to other websites or other Internet sources. Such hypertext links are provided only for convenience purposes, in order to simplify the use of the resources available on the Internet, and such inclusion of any link does not imply that We endorse the linked websites or any part of their content. If the Client uses such hypertexts links, it will exit the Website and will then accept to use the third party websites at its own risks and in accordance with the conditions of use governing such websites.

In so far as We cannot control these sites and external sources, Cobbaï cannot be held responsible for the availability of such external websites or sources, and may not be held liable in any way for the content, advertising, products, services or other materials on or available from such external websites or sources. In addition, Cobbaï cannot be held responsible for the behavior or actions of other users, nor for any proven or alleged damage or loss subsequent to or in connection with access to, use of or the fact of having relied upon the content, products or services available on such external sites or sources.

Cobbaï will be freed from the performance of Services, following an event of Force Majeure, as defined in these Terms.

Furthermore, for maintenance reasons, Cobbaï may suspend temporary access to the Services; in such cases, Cobbaï will endeavor to notify You and to keep the length of the interruption to a minimum.

Cobbaï’s liability may only be triggered on the basis of facts directly attributable to Us that would cause the Client a prejudice directly incurred by such facts.

In any event, Cobbaï (including its third party suppliers, employees or representatives) may not, under any circumstances, be liable for indirect or consequential damages of any kind, including and without limitation, loss of revenue, profits, chance, business interruption, prejudice resulting of misuse of the Website by the Client or from any breach of the Client, facts attributable to a third party, or Data loss, even if the parties were informed of the possibility of such damages.

Moreover, as to any indirect Cobbaï subscriber, in no event shall Cobbaï be liable for any End User, in particular in the event of temporary or permanent suspension of the Services due to non-respect of the Cobbaï Sending Policy by Yourself or the End User.

In all cases, Cobbaï’s total liability is limited, all damage combined, to the amount paid by You to Cobbaï, if any, for use of the Website and Services during the twelve (12) months preceding the date on which the damage occurred. This limitation does not apply to damage due to bodily injury (including death) or to willful misconduct or gross negligence.

You acknowledge that You have subscribed to the Services with knowledge of (i) the risks related to them, and (ii) the level of risk accepted by You. The prices applicable have been agreed upon inconsideration of this article, which is integral to the economic balance of the Agreement.

Article 10. Confidentiality

Service Provider and You undertake to treat as confidential, and to not reproduce or disclose, other than for the sole purposes of performing the Agreement, the information and documents exchanged between them as well as any disclosures obtained during this Agreement.

Both Parties shall also oblige all contracting parties, subcontractors, client or any third party to maintain confidentiality with the same reasonable care standard as its own confidential information.

Both Parties acknowledge that any breach of its obligations with respect to confidential information may cause the other party irreparable injury for which there are inadequate remedies at law, and that the injured party shall be entitled to seek equitable relief in addition to all other remedies available to it. Client shall not disclose to a third party the results of any performance tests conducted on the Service, without the prior written consent of Service Provider.

Excluded from the obligation to maintain confidentiality is information that is generally available to the public or whose disclosure is required for legal reasons, or due to a judicial or administrative ruling.

Notwithstanding the above, the Client expressly authorises Cobbaï to indicate the name and logo of the Client as a commercial reference on any communication support (publication, website, quotation, press release, internal communication, etc.).

Article 11. Personal data – Privacy policy

Privacy and security are of utmost importance to Cobbaï and we strive to ensure that our technical and organisational measures in place respect your data protection rights.

Please refer to our Privacy Policy, that describes how we manage, process and store personal data submitted in the context of providing our Services.

Article 12. Miscellaneous

12.1 Transfer of the Agreement – Change of Control

For the avoidance of doubt, it is hereby reiterated that Client has a personal, temporary, non-transferable and non-exclusive right to access and use the Service.

Under these conditions, it is expressly agreed that Client shall not transfer the Agreement or any right derived from the access and use of the Service to a third party, whether by a contribution, assignment, concession, merger, demerger, loan or otherwise, including without consideration, or within the group to which Client belongs, without Service Provider’s prior written agreement.

12.2 Subcontracting

Service Provider reserves the right to use subcontractor(s) of its choice to provide the services in connection with the Services, and shall remain liable to Client for the performance thereof in accordance with the present Terms and subject to the reservations stipulated in the Agreement.

12.3 Entire Agreement

These Terms, including the Operational Policies along with any purchase order and/or special conditions, constitute the entirety of the commitments between You and us. It establishes all of the Parties’ rights and obligations and supersedes all prior oral or written commitments that directly or indirectly concern the subject matter of the agreement between us. This Agreement binding us may only be modified by a written amendment which is signed and designated as such by both Parties (You and us).

12.4 Severability

If any one of the provisions of the Agreement is deemed void under any legal principle, law or regulation, or is invalidated by a court decision, it shall be severed from the Agreement, but the other provisions of the Agreement shall remain in full force and effect.

12.5 Force Majeure

Cobbaï shall not be responsible for any default or delay due to extraordinary events beyond its control including,without limitation, strikes, lock-outs, shutdown of internet connections by Internet provider, cyber-attacks on the Website (« Force Majeure »).

If a Force Majeure event occurs, this Agreement shall be automatically suspended during the time the Force Majeure event continues, and neither Party shall be liable to the other for non-performance or delay in the performance of required obligation(s) due to the Force Majeure event, provided the non-performing Party gives prompt written notice of its inability to perform specified obligation(s) due to the event and uses reasonable efforts to resume its performance of its obligation(s) as soon as possible. It is agreed that the other Party may, during the time the Force Majeure event continues, similarly suspend performance of its obligations until such time as the non-performing Party resumes performance of its obligation(s). The Parties shall meet in order to jointly determine the conditions for resuming performance of the Agreement as soon as possible. If a Force Majeure event continues for more than a period of sixty (60) days, the Agreement may be terminated by either Party, by giving notice by certified mail, return receipt requested, effective immediately, if the impacted obligations are material obligations under the Agreement. Notwithstanding the foregoing, in no event shall a Force Majeure event.

12.6 Governing Law – Jurisdiction

These Terms are subject to French law. Failing amicable settlement, any difficulties related to their interpretation or validation, and any dispute between us will be the exclusive jurisdiction of the Paris courts, notwithstanding multiple defendants or third party claim.

12.7 Support service – contact

If you have questions, you can email Us at: contact@cobbai.com or by mail to: Cobbaï SAS, Attn: Edouard Panossian, 72 quai Louis Blériot, 75016 Paris, France.

LEGAL NOTICE

  • Cobbaï SAS
  • 72 quai Louis Blériot, 75016 Paris, France
  • CAPITAL: 30 000 €
  • RCS: Paris 853 380 459
  • VAT: FR 19853380459

Our technical infrastructure is provided by OVH, 2 rue Kellermann, 59100 Roubaix 1007, relayed all over the world.

  • We may be contacted as follows:
  • – Email: contact@cobbai.com
  • The manager of the Website is: Edouard Panossian

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Privacy Policy

as of April 21st , 2021Privacy and security are of utmost importance to Cobbaï and we strive to ensure that our technical and organisational measures in place respect your data protection rights.

This Privacy Policy describes how we manage, process and store personal data submitted in the context of providing our services. “Personal data” refers to any information relating to an identified or identifiable natural person; an identifiable natural person being one 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 the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

This Privacy Policy does not apply to third party sites, if and where applicable.

Consent

In subscribing to our services or filling in a contact form on our website (cobbai.com) or other sites owned by Cobbaï, you agree and accept that we may gather, process, store and/or use the personal data submitted in accordance with the rules set forth below. By giving your consent to us, you also retain the right to have your personal data rectified, to be forgotten and/or to be erased.

PERSONAL DATA COLLECTED

1. Identity and contact details of the data processor

Personal data is collected on our website by Cobbaï SAS, a Société par Actions Simplifiée registered under the laws of France under number 853 380 459 with the Paris Trade & Companies Register, and having its registered office at 72 quai Louis Blériot, 75016 Paris, France

2. Data collected on the site

When you subscribe to our services, the following data is collected and managed: email, first name, last name, Intracommunity VAT number where applicable, login, postal address, country, telephone number, IP address(es) and domain name.

By using our services, the following data is collected and managed: log-on data and browsing data where you authorise it, order history, complaints, incidents, information on subscriptions and messages on our site. Some data is collected automatically by reason of your activity on the site (see paragraph on cookies below). Please be advised that we may for the purpose of delivering our services have Access to some personal information of your customers (for instance their email address).

The data submitted should not include any sensitive personal data, such as Government identifiers (i.e. social security, driving licence, or taxpayer identification numbers), complete credit card or complete personal bank card numbers, medical records or particulars connected with applications for care or treatment associated with private individuals.

3. Purposes of processing and legal basis

The principal purpose of collecting your personal data is to offer you a safe, optimum, efficient and personalised experience. To this end, you agree and accept that we may use your personal data to:

  • provide our services and facilitate performance, including verifications relating to you;
  • resolve any problems so as to improve the use of our site and services;
  • personalise, assess, and improve our services, content and materials;
  • analyse the volume and history of your use of our services;
  • inform you about our services as well as our partners’ services and/or promotional offers;
  • prevent, detect and investigate any activities that are potentially prohibited, unlawful or contrary to good practice and ensure compliance with our terms of use and sending policy;
  • comply with legal and regulatory obligations.

We use the personal data submitted to us only in accordance with the applicable data protection legislation.

For our clients who have signed up on our website, we process your personal data for the performance of the contract between us to provide our services.

For our newsletter, use case studies and marketing material sign ups, we process your personal data based on the express consent you provide for this specific purpose.

We may share non-personally identifiable information (such as visiting pages, exit pages, number of clicks etc.) with third-parties to help us to understand the usage patterns for certain services.

4. Newsletter and marketing emails

We use your contact information and information about how you use the Services to communicate directly with you, including by sending you newsletters, promotions or information about current and future products and services. You may opt out of receiving such communications at any time by (i) clicking the unsubscribe link included in all the emails you receive or (ii) contacting us as indicated in “CONTACT US” section below.

5. Email statistics

Without systematically doing so, we may analyse and track the various rates (for example: click, open, bounce rates) and the number of emails sent which you open to assess performance rates on our emailing campaigns.

6. Testimonials

Cobbaï may publish a list of Customers & Testimonials on its site with information on our customers’ names and job titles. Cobbaï undertakes to obtain the authorisation of every customer before publishing any testimonial on its website. If you wish to be removed from this list, you can send us an email to edouard@cobbai.com and we will delete your information promptly.

7. Third party disclosures

Personal data relating to you collected on our website are destined for Cobbaï’s own use and may be forwarded to Cobbaï’s partner companies so that we may obtain assistance and support in the context of carrying out our services. Cobbaï ensures that it has in place clear data protection requirements for all of its third party providers.

Cobbaï does not sell or rent your personal data to third parties for marketing purposes whatsoever.

In addition, Cobbaï does not disclose your personal data to third parties, except if: (1) you (or your account administrator acting on your behalf) requests or authorises disclosure thereof; (2) the disclosure is required to process transactions or supply services which you have requested (i.e. to check you are employing best practice in your mailings or for the purposes of processing an acquisition card with credit-card issuing companies); (3) Cobbaï is compelled to do so by a government authority or a regulatory body, in the case of a court order, a summons to appear in court or any other similar requisition from a government or the judiciary, or to establish or defend a legal application; or, (4) the third party is a subcontractor or sub-processor of Cobbaï in the carrying out of services (for example: Cobbaï uses the services of an Internet provider or a telecommunications company). In any event Harvest will make sure that the recipients of the data comply with the applicable data protection regulation.

In accordance with Article 28 of the GDPR, access to your Personal Data by our sub-processors is subject to the signature of a written agreement which allows us to monitor and control the way our sub-processors handle your personal data.

8. Your data protection rights

In accordance with the French Data Protection Laws and the European General Data Protection Regulation 2016/679 (GDPR) you have a right of access, correction and removal of your personal data which you may exercise by sending us a support ticket directly on the support chat (either on the website or on the app) or, by sending an email at guillaume.burgaud@cobbai.com. Your requests will be processed within a reasonable timeframe that cannot exceed 30 days as from the receipt by Cobbaï of the request sent by the given user. Occasionally it may take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated in a timely manner. We may require that your request be accompanied by a photocopy of proof of identity or authority (copy of a valid ID document). This is a security measure to ensure that your personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to improve the efficiency of our response.

You are also able at any time to modify personal data by logging into your account and clicking on “User Settings”.

You in particular benefit from the following rights:

1/ Access and communication of your personal data

You may at any time request an access to your personal data processed by Cobbaï.

Cobbaï may oppose a given request should it be considered as being obviously abusive (such as, in particular, in the event or recurrent or systematic requests from a given user).

2/ Amendment/rectification of the personal data

You may request to amend, update, lock or delete your personal data that may be incorrect, partial or obsolete. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement. You may additionally define the guidelines applicable to your personal data in the event of your death.

3/ Right of opposition

You may exercise your opposition right for (i) legitimate reasons or (ii) to oppose to the commercial use of your personal data.

You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data. Cobbaï shall no longer process the personal data unless it demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

4/ Right to erasure

You have the right to obtain from Cobbaï the erasure of your personal data without undue delay, in particular if the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed. Upon such request, Cobbaï shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to proceed with the erasure of any links to, or copy or replication of, those personal data.

5/ Right to restrict the processing

You have the right to obtain from Cobbaï a restriction of processing where one of the following applies: (i) the accuracy of the personal data is contested by you, for a period enabling Cobbaï to verify the accuracy of the personal data; (ii) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead; (iii) Cobbaï no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; (iv) you have objected to processing pending the verification whether the legitimate grounds of Cobbaï override those of the data subject.

Cobbaï undertakes to communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with GDPR to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. We shall inform you about those recipients if you request it.

6/ Data portability

You have the right to receive your personal data that you have provided to Havestr, in a structured, commonly used and machine-readable format, and you have the right to transmit those data to another company without hindrance from Cobbaï. You have the right to have the personal data transmitted directly from Cobbaï to another company, where technically feasible.

7/ Complaint

If you consider that Cobbaï does not comply with its obligations in terms of data protection, you have the right to lodge a complaint with a supervisory authority, the relevant regulatory body being the CNIL (Commission Nationale de l’Informatique et des Libertés), to the following address: 3 Place de Fontenoy, TSA 80715, 75334 PARIS CEDEX 07, France.

In the event of any complaint, please contact us in priority: guillaume.burgaud@cobbai.com or by mail to: Cobbaï SAS, Attn: Cobbai, Guillaume Burgaud, 72 quai Louis Blériot, 75016 Paris, France

You may at any time withdraw you consent as to the use of your personal data where we are relying on such consent to process your personal data. Please note that such withdrawal will not affect the lawfulness of any processing carried out before you withdrew your consent. If you withdraw your consent or fail to provide the requested personal data, we may not be able to provide you with whole or part of the service. We will advise you if this is the case at the time you withdraw your consent.

9. Cookies/Tracking

As a general rule, Cobbaï uses cookies and tracking to improve and personalise its Website and/or measure its audience. Cookies are files saved on your computer’s hard drive when browsing on the Internet and in particular on our site. A cookie is not used to gather your personal data without your knowledge but instead to record information on site browsing which can be read directly by Cobbaï on your subsequent visits and searches on the site.

1/ Types of cookies used

The cookies used by Cobbaï are intended to enable or facilitate communication, to enable the services requested by users to be supplied, to recognise users when they re-visit the site, to secure payments which users may make, to register the language spoken by users or other preferences necessary for the service requested to be supplied.

Cobbaï also uses analytics and tracking tools to measure website and digital data to gain customer insights, to carry out analyses on browsing experience so as to improve content, and to send targeted advertisements.

2/ Cookie management

By default, cookies are not installed automatically (with the exception of those cookies needed to run the site and Cobbaï’s services, and you are informed of their installation by a banner). In accordance with the regulations that apply, Cobbaï will require your authorisation before implanting any other kind of cookie on your hard drive. To avoid being bothered by these routine requests for authorisation and to enjoy uninterrupted browsing, you can configure your computer to accept Cobbaï cookies or we are able to remember your refusal or acceptance of certain cookies. By default, browsers accept all cookies.

Depending on the browser used by Users, the methods for deleting cookies are as follows:

On Internet Explorer

  • Click the Tools button, then Internet Options.
  • Under the General tab, under Navigation History, click Settings.
  • Click the Show Files button.
  • Select the cookies to refuse and click on delete.

On Firefox

  • Click on the Browser Tools icon, select the Options menu.
  • In the window that appears, choose “Privacy” and click on “Display cookies”.
  • Select the cookies to refuse and click on delete.

On Safari

  • Click the Edit icon, select the Preferences menu.
  • Click on Security and then on Show cookies.
  • Select the cookies to refuse and click on delete.

On Google Chrome

  • Click on the Tools icon, select the Options menu then click the Advanced Options tab.
  • And access the “Confidentiality” section.
  • Click on the “Show Cookies” button.
  • Select the cookies to refuse and click on delete.

You can choose to decline acceptance of all cookies, but your ability to browse certain pages of the site may be reduced.

3/ Duration of cookies

Cookies are placed on the User’s terminal for a maximum period of 13 months from the date of the User’s consent.

After this period, consent will be re-obtained.

THIRD PARTY DATA

In the context of using our services, namely creating contact lists, Cobbaï has access to the contact lists you create, as well as the subject and content of the messages stored in your account.

This data is stored on secure servers and only a limited number of people are authorised to access your messages, in particular for the purpose of providing support services.

You may modify and or delete contacts at any time from your account.

In no case does Cobbaï sell, share or rent out your contact lists to third parties, nor does it use them for any purposes other than those set forth in this policy. We will use the information from your contact lists only for legal requirements, to invoice and collect summaries for our own statistics and for the purposes of providing you with customer support services.

As creator of the messages and contact lists, you are considered the data controller within the meaning of the GDPR, and Cobbaï is acting only as a data processor. In this capacity, you are responsible in particular for:

  • making all the declarations necessary to the relative data protection authority,
  • complying with all current regulations in force, including the data protection laws,
  • obtaining the explicit consent of the persons concerned when collecting their personal data,
  • ensuring your authority to use the personal data collected in accordance with the defined end purposes and refraining from any unauthorised use.

If a recipient of your emails sent via our services requests us to modify or delete his/her personal data, we will honor that request after proper verification and will inform you of it.

DATA RETENTION PERIODS

Cobbaï collects your personal data for the purpose of carrying out its contractual obligations as well as information about how and when you use our services and we retain this data in active databases, log files or other types of files so long as you use our services.

Cobbaï only stores your data for the time needed to provide to you our services, and in no event no longer than 3 months after closing your account (unless otherwise required by law). You are able to access your personal data for as long as you hold an active account with us and for a period that varies depending on the type of data concerned. Your event data (statistics, for example), will be deleted every 13 months during active use of your account. Other data may be deleted at any time during active use of your account in accordance with the provisions set forth above.

LOCATION OF DATA STORAGE AND TRANSFERS

The host servers on which Cobbaï processes and stores its databases are located exclusively within the European Union.

Cobbaï will inform you immediately, to the extent we are legally authorised to do so, in case of any application or order originating from an administrative or judicial authority relating to your personal data.

In order to perform our services, we may transfer some of your Personal Data to third party service providers located or using servers located outside the European Union (the “EU”) and the European Economic Area (the “EEA”). In such a case, we make sure that:

  • they are located in a country considered having an adequate level of protection by the European Union in terms of personal data or,
  • if located in the United States:
  • they are registered in the “Privacy Shield” register and that they comply with its provisions or,
  • they abide by contractual provisions ensuring an equivalent level of protection of your Personal Data (such as standard contractual clauses established by the European Commission).

SECURITY

Within the framework of its services, Cobbaï attributes the very highest importance to the security and integrity of its customers’ personal data.

Thus and in accordance with the GDPR, Cobbaï undertakes to take all pertinent precautions in order to preserve the security of the data and, in particular, to protect them against any accidental or unlawful destruction, accidental loss, corruption, unauthorised circulation or access, as well as against any other form of unlawful processing or disclosure to unauthorised persons.

To this end, Cobbaï implements industry standard security measures to protect personal data from unauthorised disclosure. In using industry recommended methods of encoding, Cobbaï takes the measures necessary to protect information connected with payments and credit cards.

Cobbaï undertakes to put in place the following organisational and technical safety measures: (i) means allowing to ensure the confidentiality (data pseudonymisation, encryption, etc.), the integrity, availability and permanent resiliency of the processing systems and services; (ii) means allowing to restore the availability of the personal data and access to such data within an appropriate timeframe in the event of material or technical issue; (iii) process allowing to regularly test, analyse and evaluate the efficiency of the technical and organizational safety in place to ensure the safety of the data processing, (iv) only make the personal data available to its officers duly authorised on the basis of their functions and role, to the extent strictly necessary to the due performance of their functions (need to know basis).

Such measures shall comply with the GDPR provisions.

Cobbaï shall be responsible for the compliance with these provisions and more generally the GDPR by its employees and affiliates (and their employees).

Additionnally, Cobbaï in particular undertakes to (i) process the data solely for the purpose(s) mentioned in this Privacy Policy, (ii) guarantee the confidentiality of the personal data processed, (iii) ensure that the persons authorised to process the personal data hereunder have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality, and receive the appropriate personal data protection training, and (iv) take into consideration, in terms of its tools, products, applications or services, the principles of data protection by design and by default.

Moreover, in order to avoid in particular all unauthorised access, to guarantee accuracy and the proper use of the data, Cobbaï has put the appropriate electronic, physical and managerial procedures in place with a view to safeguarding and preserving the data gathered through its services.

Nothwithstanding this, there is no absolute safety from piracy or hackers. That is why in the event a breach of security were to affect you, Cobbaï undertakes to inform you thereof without undue delay (that cannot exceed 48 hours as from our knowledge of the breach) and to use its best efforts to take all possible measures to neutralise the intrusion and minimise the impacts. The notification will be accompanied by any appropriate documentation to allow, if necessary, the notification to be made to any regulation body. This notification will describe in clear and plain language the nature of the personal data breach and at least (i) describe the nature of the personal data breach including where possible, the categories and approximate number of data subjects involved and the categories and approximate number of personal data records concerned; (ii) communicate the name and contact details of the data protection officer or other contact point where more information can be obtained; (iii) describe the likely consequences of the personal data breach; and (iv) describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

We undertake to notify the competent supervisory authority (the CNIL) of the personal data breaches without undue delay and, where feasible, not later than 72 hours after having become aware of them, unless the breach in question is unlikely to result in a risk to the rights and freedoms of natural persons.

Should you suffer any loss by reason of the exploitation by a third party of a security breach, Cobbaï undertakes to provide you with every assistance necessary so you are able to assert your rights. Moreover if, by some exceptional case, the direct loss incurred arose due to fault or gross negligence by Cobbaï, you will be able to seek compensation within the limit of liability referred to in our Terms of Use.

You should keep in mind that any user, customer or hacker who discovers and takes advantage of a breach in security renders him or herself liable to criminal prosecution and that Cobbaï will take all measures, including filing a complaint and/or bringing court action, to preserve the data and the rights of its users and of itself and to limit the impacts.

Where we have given you (or where you have chosen) a password that enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

PRIVACY POLICY CHANGES

Cobbaï reserves the right to update this Privacy Policy at any time, in particular pursuant to any changes made to the laws and regulations in force. Any modifications made will be notified to you via our Website or by email, to the extent possible, thirty (30) days at least before any changes come into force. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the site. We would recommend that you check these rules from time to time to stay informed of our procedures and rules relating to your personal information.

CONTACT US

If you have questions, you can email us and our Data Protection Officer directly at: guillaume.burgaud@cobbai.com or by mail to: Cobbaï SAS, Attn: Guillaume Burgaud, 72 quai Louis Blériot, 75016 Paris, France

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Cookies and tracking

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User Policy

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User responsibilities

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  • Mollis aliquam ut porttitor leo a diam
  • Enim nec dui nunc mattis enim.
  • Vulputate eu scelerisque felis fermentum leo vel.
  • Quam lacus suspendisse posuere lorem.