Términos y Privacidad

Términos de servicio

This translation is a rough translation; to consult the original texts of laws please refer to the French version.
The website available at « www.cocolyze.com » (hereinafter referred to as « the Website ») is offered by the VSI innovation company (hereinafter referred to as « the Company »). The Website allows any natural or legal person (hereinafter referred to as « the Customer ») to launch a SEO ranking analysis, competitive analysis and a full website SEO scan. Any use of the Site involves the full and whole acceptance by the Customer of the present general terms of service. The Company reserves the right to modify at any present time the terms of service. The applicable general terms of use are the ones prevailing at the date of the subscription by the Customer. Provisions of the present general conditions of Subscription prevail over any other general or particular conditions of the Customer which, since they would be opposite to the present, would be considered unwritten, except prior written agreement from the Company.

ARTICLE 1 DEFINITIONS
Customer: designates the natural or legal person subscribing to the Company.
User: designates the natural person using the Website with authorized access which is granted by the Customer.
Site: designates the Website www.cocolyze.com published by the Company.
Subscription: designates the access to the Website subscribed by the Customer with the Company.

Article 2 OBJECT
The present terms of service aim at specifying terms and conditions of the subscription by the Customer to the Website. The Subscription is open to every natural, major, and capable or legal person. The Subscription by the Customer is submitted to the intelligence of information presented as compulsory without which his/her Subscription cannot be validly confirmed. The User commits in providing exact information and to update it regularly. He/she refuses to have several accounts.

Article 3 SITE'S FEATURES
Any use of the Website is subjected to the express and complete acceptation by the Customer and the Users that it authorizes, of the present contract of Subscription. The Customer vouches for the respect of the mentioned contract by the Users. The Website's features may evolve, in the sole discretion of the Company. The Site offers three features: SEO ranking analysis, competitive analysis and a full website SEO scan.

Google Analytics
We use Google Analytics to measure and evaluate traffic on the Site of Users. Each of these systems operates independently from us and has its own privacy policy, which we strongly suggest you review.
Google Privacy and Data Sharing
We take measures to protect the technical information collected by our use of these systems. The data collected will only be used on a need to know basis to resolve technical issues, administer the Site and identify visitor preferences. We do NOT share User's data from Google Analytics with any third-party.

ARTICLE 4 TRIAL PERIOD
A 14 day free trial period is offered. Only one free trial is allowed per user and per company. The trial period does not commit you to a paid account. It is forbidden to combine several free trials. The trial period includes a limited number of features. Cocolyze reserves the right to refuse or delete a trial period to a user who does not respect the regulation

ARTICLE 5 SUBSCRIPTIONS
Subscriptions can be set up and adjusted using a customizable configurator available on the pricing tab. The User can thus choose the number of keywords he wants to track, the number of pages he wants to scan, and finally the number of credits to spend on the tools.

A keyword unit is counted for each expression (composed of one or more words) in a specific location and on a specific search engine.
A page unit is counted for each URL tracked and explored in a project via the Pages feature.
One or more credit units are counted when creating an analysis report for the following functionalities:
- Keywords suggestion (cost: 250 credits per report)
- Page Analysis (cost: 10 credits per report)
- Link Audit (cost: 500 credits per report)
- Writing (cost: 250 credits per report)

Credits are reset to zero every month on the subscription anniversary date. However, keywords and pages are not reset to zero on the Subscription anniversary date.

When a report that has cost credits is deleted, the credits are not re-credited and the suppression is definitive.

A discount of the equivalent of two months is offered with an annual subscription (approximately 16.6%). The annual rates already take this discount into account.

All Subscriptions are payable in advance.

Every plans can be upgraded or downgraded at anytime from the pricing, just by clicking on the offer the User wants.

The accepted means of payment are the following : Visa, MasterCard and American Express. SEPA direct debit are available.

In any case once payment deadlines have been expressly accepted by the Company for the benefit of the Customer, the expiry of the fixed period gives a formal notice to the Customer, without any need of relaunching, to pay the due sums Payment default in the due dates entails: the suspension of the current Subscription and the immediate payment of the remaining sums; the application of late-payment interests of 1,5 % a month; the right for the Company to require the payment before the Subscription of any new Subscription. furthermore, pursuant the law 2012-387 of March 22nd, 2012, the Customer in a late payment situation is by his/her own rights debtor for the Company of a flat-rate allowance for recovery costs of 40€.

ARTICLE 6 REFUNDS AND CANCELLATION
The subscription can be cancelled at any time from the dashboard by clicking on "account" > "billing" > "cancel my subscription ». The Users will need to complete a compulsory survey to explain why he decides to cancel his subscription. The subscription will be activated until the end of the current month but won't be renewed. Cancellation is immediate. For security reasons, an email or phone call to Site Analyzer is not sufficient to cancel a subscription. Cancellation does not entitle the Customer to a refund under any circumstances. He/she will continue to have access to the Site and Services he/she have paid for until the end of your subscription term.
Cocolyze has a 48 hour refund policy. A Customer can ask for a refund within 48 hours after the renewal of his subscription. If the customer choose to cancel his/her subscription during the subscription term, he/she will not be refunded, in whole or in part. If the Customer choose to downgrade his/her subscription during the subscription term, he/she may be entitled to a pay a lower, pro-rated amount as of the date of renewal, but is not entitled to a cash refund at any time. Further to order, when invoice is generated, no refunds will be provided.

ARTICLE 7 INTELLECTUAL PROPERTY
The Website is the exclusive property of the Company. The Company is the holder of all the intellectual property rights relative to the website, in particular all the graphic, sound, textual, software elements, including underlying technology, or any other kind, composing the website. The Customer makes thus a commitment to not infringe the intellectual property rights of the Company and refrains, as such, from reproducing, representing, translating, modifying or spreading, even partially, any element protected by an intellectual property right, except if he/she has the expressed authorization. The implementation of hyperlinks pointing to the website is subjected to the express and preliminary agreement of the Company. The Customer refrains from any exploitation, of any kind, of contents and information from the website. A Customer is prohibited from using the website for commercial purposes without expressed and the preliminary permission of the Company.

Article 8 PERSONAL DATA
The Company informs the User or the Customer that his/her data are registered and are subjected to declarations to the CNIL (french national commission for information technology and civil liberties) under the number XXXX (in progress), in accordance with the Computer Science and Liberties Laws of January 6th, 1978. The data thus collected are handled by the Company to allow the Customer to access the website's features and to respect its legal and statutory obligations regarding identification of the contributors of the Forum. The User or the Customer has, in accordance with the Computer Science and Liberties Laws of January 6th, 1978, a right of access, modification, rectification, deletion of all the data with any nominative information. This right can be exercised by an e-mail or letter sent to the Company to the addresses in the website privacy policies, by proving his/her identity. Except expressed authorization of the User or the Customer, his/her data are not communicated by the Company to third parties and are not used for commercial prospection purposes, out of the limits allowed by the Law. The Company takes all the adequate measures to ensure the security and the confidentiality of personal data treated. The User or the Customer is informed that his/her data are hosted in the European Union.

Article 9 LIABILITIES
The Company only have, regarding the commitments appearing in the present, an obligation of means. The Customer is warned of the technical hazards related to the Internet and the access interruptions. Accordingly, the Company will not be responsible for possible unavailabilities or slowdowns of the Website. The Company is unable to guarantee the continuity of the Website, remotely executed via the Internet, what the Customer recognizes. The Parties expressly agree that the Company cannot also be held responsible for interruptions of the Site or for damage related to: A case of superior force or a decision of the authorities ; events of superior forces include, without however limiting them, natural disasters, uprisings or civil disorders, terrorist acts, war or military operations, national or local emergencies, acts or omissions of a government, blockades, embargos, limitations, penalties or civil orders, from the civil protection or military authorities disaster and emergency services or military authorities, action or governmental decree, act of a public enemy, riot or civil conflict, general shortage of transport, goods or energy, or similar circumstances, breakdown of the telecommunication networks, labor disputes of any nature whatsoever, fire, earthquake or floods, strikes or other industrial disputes, explosion, pandemic; to an interruption of the electricity supply or the transmissions lines due to the public or private operators; to an abnormal or fraudulent use by the User or the thirds requiring the stop of the Site; to an intrusion or in a fraudulent preservation of a third in the system, or in an illicit extraction of data, in spite of the implementation of the security resources complying to the current data of the technique, the Company supporting only an obligation of means with regard to techniques known for securing; to a loss or a delay in the routing of the information and the data, when the Company is not at the origin of this delay; to the functioning of the Internet network or the phone networks or Internet access not operated by the Company; to a failure of the hosting servers. The Company could not be held responsible for indirect damages or losses, profit or planned economy losses , for income losses neither not directly and exclusively resulting from a failure of the Website, nor a third-party claims. The role of the Company is limited, based on messages posted by the Users and Customers on the Website Forum, to that of the host according to the article 6 of the Trust french Law in the Digital Economy (LCEN) of June 21st, 2004. As such, it has no surveillance obligation on messages posted on the Forum. It only has the obligation to withdraw an obviously illicit posted message which will have been notified according to the modalities planned by the LCEN. The Company offers a procedure to indicate an illicit message, via the following procedure: email at hello@cocolyze.com. The Customer is responsible for damage of all kinds, material or immaterial, direct or indirect caused to any third party, including to the Company, as a result of the use or the illicit exploitation of the Site, whatever the cause and the place of occurence of this damage are. The Customer guarantees the Company of the consequences, the complaints or the actions of which the Company could therefore, be subjected to. The Customer gives up exercising any recourse against the Company within the framework of pursuits carried out by a third party against it because of the use or the illicit exploitation of the Website.

ARTICLE 10 COMPANY OBLIGATIONS
10.1 – AVAILABILITY
The Company makes a commitment to take the fair measures to guarantee that the Website is accessible via the Internet 365 days a year, 24/7, except for cases of external forces, technical and/or computing and/or of telecommunication and/or of periods of maintenance difficulties. The Company cannot be held responsible for any unavailability of the Website relating to the Internet connection of the User or to its equipments or to maintenance operations necessary for the smooth running of the Site. The Company reserves the right to immediately interrupt and without advance notice the access to the Website:
1° To proceed to a technical intervention or for any operation of maintenance. As far as possible, the Company will inform beforehand the Customer.
2 ° If the Company receives a notice by a competent, administrative, arbitration, judicial authority, according to the applicable laws or by a third party, in particular according to the trust french law in the Digital Economy of June 21st, 2004.
3 ° In case of use of the Website in contrary to the presents.
10.2 – CONFIDENTIALITY AND SECURITY OF ACCESS
In a general way, the Company makes a commitment to implement any technical means, in compliance with the technique condition, to maintain the integrity, security, confidentiality of the access to the Website. 10.3 – FEATURES EVOLUTION
The Company reserves the right to proceed to modifications in the presentation, the functioning or features of the Website, at any time without preliminary notification.
10.4 – THE HOSTING
The Company ensures the hosting of the Website in conditions of access and premises safety corresponding to the acknowledged rules
10.5 – MAINTENANCE
The Company ensures the progressive and corrective maintenance of the Website for its sustainability and its availability as part of an obligation of means.

The Customer automatically benefits from any updates developed by the Company regarding the corresponding version on the website version he/she uses.

ARTICLE 11 USER OBLIGATIONS
11.1 – WEBSITE COMPATIBILITY CHECKING
The Customer ensures to acquaint, beforehand the approval of the present, technical characteristics and safety devices of the Website. The Customer takes over all equipment (material and software) necessary for the use of the Website via the internet network or the Users who he/she authorizes. He has to regularly update his/her equipment and his/her internet connection.

11.2 – ACCESS CODES
Access codes chosen by the Customer when registering on the Website are personal and confidential. 11.3 – SUPPLIED INFORMATION
The Customer guarantees that all the information supplied during his/her registration are correct and he/she makes a commitment to regularly update them.

11.4 – USE OF THE SITE
The Customer makes a commitment to use the Website only for purposes of the present Contract, and in the strictest respect for technical and security standards. The Customer is responsible for the use of the Website. Accordingly, any treatment, transmission, distribution or representation of information or data via the website by the User, are carried out under his/her only and full responsibility and in the strict respect for the legal and statutory requirements relating to online services. Similarly, the Customer makes a commitment to transmit through the Website no contents including computer viruses or any other code, file or program designed to interrupt, destroy or limit the functioning of any software, computer or tool of telecommunication, without being restrictive. The Customer makes, therefore, a commitment to immediately warn the company at the addresses mentioned in the legal notices about any anomaly regarding the use of the Website. The Company cannot guarantee the accuracy and the comprehensiveness of the analysis made through the Website, nor the durability of its smooth running or its total IT security. Furthermore, the analyses supplied by the Company through the Website have informative purposes. They are automatic analyses which are not intended to replace a human analysis of the website targeted by the Customer. The Company provides, furthermore, no performance guarantee regarding improvement impacts which could be made by the Customer following the analysis supplied by the natural referencing of the site targeted by the analysis. The use by the Customer of the supplied analysis is under its exclusive responsibility.

ARTICLE 12 WAIVER AND TOLERANCE
The parties formally agree that any tolerance or waiver of one of the parts in the application of all or part of the commitments planned in the present agreement, whatever the frequency is and the duration, could not be considered as modification of the present agreement, nor generate any right.

ARTICLE 13 PROOF
The computerized records kept in computer systems of the Company in reasonable safety conditions will be considered as communications, orders and payments proofs between parties.

ARTICLE 14 NULLITY
If any of the contract conditions should be recognized to be nil according to a legal rule or to a current law, it would be considered as unwritten and would not entail the nullity of the contract.

ARTICLE 15 CONFIDENTIALITY
Each Party makes a commitment to consider as confidential, and not to reproduce or to reveal, otherwise for the sole purposes of the Contract execution, information handed by the other party for the implementation and during the Contract execution and otherwise, because of their technical, commercial or financial contents should be considered as confidential as containing elements undisclosed publicly and/or purely personal to the concerned partie. This confidentiality obligation does not apply to the information for which the Company can prove they were known by its services in a different way that within the present Contract or who are in the public domain. This duty of confidentiality will not apply either when a Part will be forced to supply information in accordance with legal measures, orders emanating from a public body or judicial decisions. The obligations of the Parties regarding confidential information will be in force throughout the duration of the Contract, and as long as, following its termination, the concerned information will remain confidential for the Party disclosing and, in any event, in a [5]-year period of following the Contract termination.

ARTICLE 16 TITLES
In case of difficulty of interpretation in any title representing in heads of clauses and any clauses, titles will be declared nonexistent.

ARTICLE 17 FORCE MAJEURE
The Company will not be held, in any way, responsible in case of failure or of delay in the execution of its obligations regarding the present terms and conditions, resulting from independent of its will causes for the inclusion and without no limitation of technical breakdowns, external forces, acts of civil authorities or servicemen, fires, floods, earthquakes, riots, wars, acts of sabotage, failures of networks, coding errors of electronic files, limits of software or incapacity to obtain services of telecommunication or governmental measures, however, the concerned parties take any reasonable measures to limit the resulting effects of the above situations.

ARTICLE 18 COMPLETENESS
The present terms and conditions express the completeness obligations of the Parties. No indication, no document, can generate obligations in conformance with the presents, if they are not subjected to an amendment signed by both Parties. No previous correspondence to the signature of the present contract can generate obligations in conformance with the mentioned contract.

ARTICLE 19 GOVERNING LAW AND JURISDICTION
The present contract is subjected to French law. If a dispute arises between the parties because of the execution or the interpretation of the present agreement, the Parties make a commitment to submit themselves to the below defined amicable procedure, beforehand any referral procedure of the competent Court. To find a solution in common to any dispute which would arise in the present contract execution, the parties agree to meet each other in the fifteen days from a registered letter being sent with a return receipt notified requested by one of the Party. At the end of the thirty-day deadline, if the Parties did not agree on a compromise or a solution, the dispute would then be submitted to the jurisdiction of the County court of Lille (Tribunal de grande instance de Lille). This choice of jurisdiction also applies in urgency matters.