terms of service

Legal notice
Editor: GoyaCom SASU
Paid-in capital: 500 000 €
Director: Sylvain Courcoux
4 rue de l'artisanat
Reichstett 67116 - France
RCS de Strasbourg 823 033 345
EU VAT number FR 64823033345
CNIL Filing n°2039410
Code APE 7112B
Hosting provider: Ikoula SAS
175-177 rue d'Aguesseau
Boulogne Billancourt 92100 - France
www.ikoula.com
Preamble
The following Terms of Service (hereafter the "TOS") govern the relationship between the company GoyaCom (hereafter the "Service Provider"), headquartered at 4 rue de l'artisanat in Reichstett 67116 in France, registered at the Strasbourg trade registry under reference RCS 823 033 345, and the user (hereafter the "User"), an individual or a legal entity of civil or public law, looking to subscribe to the services (hereafter the "Services") offered on the site www.goyaphone.eu, hereafter (the "Site").
Article 1 – General Provisions
The following TOS apply to the all the Services offered by the Service Provider, whether they are rendered for a fee or for free, to the professional User. The TOS are available on the Site. The Service Provider is entitled to amend the TOS, in which case the applicable TOS will be those in effect the day the Services are rendered.
Confirming an order implies full acceptance by the User of the TOS in effect, which are always available for review according to Article 1369-4 of the Civil Code. An order will only become effective after payment is processed and accepted. The Service Provider reserves the right to cancel or refuse an order from the User if there exists a dispute related the payment of a previous order of Services.
The nullity of a clause does not entail the nullity the TOS which remain in effect between all parties. In case of a translation of the TOS and a contradiction or a dispute on the meaning of a word or a clause, the language of interpretation will be French.
Article 2 – Description of Services
The Service Provider offers a telephone prospecting software. The Services are accessible online via the internet network at the address www.goyaphone.eu. The Services are exclusively and specifically designed for a professional User, defined by Executive Order 2016-301 of March 14th, as acting "for the purpose of his commercial, industrial, craft, self-employed or agricultural activity, including when acting on behalf of another professional".
The Services can be used for free or for a fee. The free version of the Services enables the User to evaluate the Services by providing a demo version of the interface as well as video tutorials that enable the User to self-train on the inner working of the Service.
The paid Service enables the User to prospect, specifically to make prospecting phone calls. The prices of the Service are on display on the Pricing page of the Site. The interface of the Site is available in French, English and German. The Service Provider reserves the right to enhance the Site. Except when expressly stated, any new feature that enhances the Site will also be subject these TOS.
Article 3 – User Registration
Use of the Services requires registration by the User, an individual or legal entity acting as a professional. Use of Services is subject to a free registration that implies full acceptance of the TOS. In order to use the Services, the User must complete a registration form and provide certain information. To this effect, the User commits to providing correct, complete and truthful information, and is informed that the Service Provider reserves the right to sanction any false statement by cancelling the registration.
During the registration, the User is solely responsible for the choice of his username and his password, which the Service Provider himself has no access. The User commits not to communicate his login credentials to a third-party and is informed that any use of the login credentials is performed under the full responsibility of the User. The Service Provider shall not be held responsible in case he is not informed of a change of situation of the User, or in case of erroneous information relating to him. Use of an account is strictly personal and an individual cannot open multiple accounts on the Site.
The Service Provider reserves the right to file suit and demand settlement against any person who attempted to cheat, mislead or use the Service to a fraudulent end.
Article 4 – Use of Services
Use of the Services requires a web browser and a headset with microphone. The Service Provider only provides the Services described in Article 2 as well as a compatibility test that enables the User to determine if he can benefit from all the Services, specifically the ability to make phone calls with the WebRTC protocol and to send email with the MailTo protocol.
After the User registration, the Service Provider offers 100 free calls that enable the User to verify that the Services adequately meets his needs. After this initial calling plan expires, the User will be able to purchase calling plans on the Site. In this regard, the User will choose between an unlimited calling plan and a limited calling plan. When a calling plan is exhausted the User retains free access to the Site. The Service Provider offers the User 50 (fifty) free and non-cumulative calls every 30 (thirty) days.
Unlimited calling plans allow the User to call with no restriction of geographic zone and no limit on the number of calls during the entire duration of the calling plan, expressed in days. Limited calling plans allow the User to make a limited number of calls within a certain geographic zone, until exhaustion of the number of calls in the calling plan, without any limitation of date. The list of countries in each zone is on display on the Site.
If a call doesn't connect, either because the prospect does not pick-up, or because the line is busy, or because the call aborts for technical reasons, then this call does not decrease the number of calls remaining in the calling plan. Only calls effectively picked-up, either by the prospect or by an answering machine, count and only the call history of the Service Provider will constitute proof.
Article 5 – Duties and Responsibilities of the User
The User declares being a professional. The User is solely responsible of the use of the Services and commits to using the Services according to their intended purposes, namely, telephone prospecting. In this regard, the User commits to respect the laws in effect and relating to telephone prospecting, of both the countries from which the calls are initiated and the countries to which the calls are placed. The User commits to respecting the regulations in effect and related to the Services and in particular not to prospect an individual enrolled on a do-not-call list. The User shall refrain from any other use of the Services, or a use of the Service that is unfair of that does not abide by the best practices of his profession. The User shall refrain from reselling and sharing the Services offered by the Service Provider to another business, as well refrain from reselling to third-parties any data extracted from the Services.
The User is informed that any use of the Services that is not compliant to the TOS can lead to the cancellation of the Services.
Article 6 – Duties and Responsibilities of the Service Provider
The Service Provider commits to provide all the care and diligence necessary to the quality of the Services. The Service Provider does not guarantee that the Services will be compatible with a particular hardware or configuration other than those deemed compatible in the compatibility test. In any case, the Service Provider shall not be held responsible, neither toward a third-party of the User, for any consequence of the use of Services.
Consequently, the Service Provider shall be held civilly responsible of any duty, expressed or implied, towards the User or a third-party, of any tort, direct or indirect, that results of the use or of the faulty execution of the Services.
Article 7 – Pricing
Subscribing to the Services requires the User to purchase calling plans. The prices of the various calling plans are on display on the Site, in Euros, without sales tax, and are to be adjusted with the sales tax in effect the day of payment. The Service Provider reserves the right to modify the prices at any moment, with any modification affecting only the calling plans purchased after the price update.
Article 8 – Exchange of Service
The User may, at any moment, exchange calling plan. In this case, the remaining prorated value of the calling plan in place, rounded to the lowest unit, constitutes a buying credit applicable towards the purchase of the new calling plan. If the current calling plan is an unlimited plan, the prorated value of the current plan is calculated against the number of whole days remaining in the plan. If the current calling plan is a limited plan, the prorated value of the current plan is calculated against the number of calls remaining in the plan. If the prorated value of the current plan exceeds the total purchasing amount of the new plan, then, this difference, rounded to the lowest unit, constitutes a running credit applicable towards future purchases until exhaustion of said credit.
Article 9 – Payment
Payment is due upon placement of order and is payable exclusively by credit card on the Site. Payment processing is handled by a provider chosen at the sole discretion of the Service Provider. The Service Provider does not store the credit card number of the User but stores an alias that enables the User to pay for a calling plan with the same card without having the retype the credit card information in the payment form. The User can download a bill for each completed purchase directly on the Site. The Service Provider does not provide paper-based bills. If a User is a French resident, or a resident of the European Union but not a holder of a valid EU VAT number, will be added to the pre-tax amount the corresponding amount of sales tax at the rate in place at the moment of the payment.
The User is a professional buyer and as such is not entitled to any right of cancellation. All sales are final.
Article 10 – Data Protection
In accordance the law on information and individual freedom, n° 78-17 of January 6, 1978, you have the right to inquire, access, modify, oppose and correct any of your personal data. By adhering to the present TOS, you consent that we collect and use this data for the execution of the present contract. The activity of the Service Provider is subject to the provisions of law n° 78-17 of January 6, 1978, amended by the law of August 6, 2004 related to computing, data and individual freedom, known as "Freedom and Computing Law". The Service Provider states being in conformity with the requirements of the CNIL, to which his activity was disclosed and filed under reference number 2039410.
The User remains the exclusive owner the any data communicated for the purpose of his subscription to the Services. The Service Provider shall refrain from using, reproducing, adapting, modifying, publishing or distributing the data of the User, for whatever purpose, without expressed consent. In accordance to the law and the state of the art, the Service Provider puts in place all of the most appropriate means available to insure the protection and confidentiality regarding the collection, storage and processing of the User's data.
Article 11 – Intellectual Property
The content of the Site and the software, products, graphic elements of the interface and all other elements associated with the Services offered by the Service Provider is protected by intellectual property rights that belong exclusively to the Service Provider. This content cannot be reproduced, translated, transcribed or modified in any form or by any means without the prior written consent of the Service Provider. The User is not authorized to copy, modify, distribute, publish, transmit or create derivate work of any element of the content.
Access to the Services does not grant any right over the content of web site, software and other products related to the Services offered by the Service Provider, nor on the logos, names, icons and branding elements that identify the products and services of the Service Provider and cannot be used without prior written consent.
Article 12 – Assignment of jurisdiction and applicable law
This contract is governed by French law. Any dispute that could arise as a result of the execution of this contract shall lead parties to attempt mediation and seek an amicable resolution. If this attempt were to fail, the dispute shall be submitted to the competency of courts of the Tribunal de Commerce de Strasbourg.
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