Last updated: May 06, 2026
Any use of the software, features, extensions, interfaces, platforms, sites, and services offered by NOVALLIANCE LIMITED (collectively, the "Service") is subject to these General Terms and Conditions of Use and Sale, as well as to all policies, documents, and annexes expressly incorporated herein by reference (together, the "Agreement").
This Agreement defines the conditions under which NOVALLIANCE LIMITED, a company incorporated under the laws of Ireland, makes available a software platform for the automation and optimisation of prospecting and engagement actions on social networks, offered as an online service (SaaS), to professional clients, as well as the terms under which this Service may be accessed, used, and exploited.
By creating an account, subscribing to a subscription, accessing the Service, or interacting with it in any way whatsoever, the Client acknowledges having read the Agreement and expressly agrees to be bound by all of its provisions, as well as by all applicable laws, rules, and regulations.
BY ACCESSING, USING, OR INTERACTING, DIRECTLY OR INDIRECTLY, WITH THE SERVICE, THE CLIENT ACCEPTS THE ENTIRETY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, WITHOUT RESERVATION.
If the Client does not accept these Terms, the Client is not authorised to access or use the Service.
For the purposes of these Terms, the following terms, whether used in the singular or plural, shall have the meaning attributed to them below:
Access to the Service is strictly reserved for natural persons aged at least eighteen (18) years who have the legal capacity required to contract.
The Service is intended exclusively for professional use. The Client declares that they are acting within the framework of their professional activity and that they have all the skills and means necessary to use the Service.
When the Client acts in the name and on behalf of a legal entity, the Client warrants that they have all the powers, authorisations, and entitlements necessary to bind said entity.
The Client acknowledges that the use of the Service involves the connection to one or more third-party platforms, the management, compliance, and security of which the Client alone ensures.
The Company reserves the right, at its sole discretion, to refuse, suspend, or limit access to the Service to any Client failing to comply with these Terms or whose use is likely to harm the Service, its security, its reputation, or the rights of third parties.
Access to the Service requires the prior creation of an Account.
The Client undertakes to provide accurate, complete, truthful, and up-to-date information, and to keep it up to date throughout the duration of use of the Service.
The Company reserves the right to verify the information provided and to request any useful supporting documents. In the event of inaccurate, incomplete, or misleading information, it may suspend or restrict access to the Service.
Each Account is strictly personal to the Client, except in the context of the Authorised Users defined herein.
The Client acknowledges that the use of the Service requires a compatible technical environment, including in particular the use of a computer as well as an up-to-date internet browser and a stable internet connection. The Service is not designed to be used on a mobile phone or tablet.
The Client is solely responsible for the confidentiality and security of their access credentials to the Service, as well as for any associated authentication device.
Any use of the Service made from the Client's Account is deemed to be carried out by the Client and engages the Client's sole responsibility.
The Client undertakes to:
The Client is also solely responsible for the security of the accounts that they connect to the Service on third-party platforms.
The Client undertakes to inform the Company without delay of any unauthorised use, loss, compromise, or suspicion of fraudulent access to their Account.
The Company may, as a precautionary measure, suspend access to the Account concerned in order to preserve the security of the Service and the data.
The Client acknowledges that any delay in notification is likely to aggravate the consequences of the incident and engages the Client's responsibility.
The Client may authorise Authorised Users to access the Service within the limits of the Subscription subscribed to.
The Client remains solely responsible for:
Authorised Users are deemed to act in the name and on behalf of the Client.
The Client warrants that they have all the rights, authorisations, and consents necessary to connect and use, through the Service, any account or data from third-party platforms.
The Client undertakes to connect to the Service only accounts of which they are the holder or for which they have express authorisation.
The Company shall not be liable for any unauthorised use of third-party accounts by the Client.
Any use of the Service for unlawful, fraudulent, abusive, or non-compliant purposes is strictly prohibited. The Client undertakes to use the Service in compliance with applicable laws, these Terms, and the rules of third-party platforms.
The Company reserves the right, at its sole discretion and without notice, to suspend or terminate access to the Service in the event of non-compliant use, without any compensation or refund being claimed.
Unless otherwise authorised in writing in advance by the Company, the Client undertakes not to create, hold, or use multiple accounts for the purpose of:
Any attempt at circumvention constitutes a serious breach of these Terms and may result in the immediate deletion of all the accounts concerned, without notice or compensation.
The Company makes available to the Client an online software platform enabling the automation and optimisation of prospecting, engagement, and lead management activities on social networks.
The Service is based in particular on the use of a browser extension, on integration with third-party platforms such as Facebook, Instagram, and, eventually, TikTok, as well as on the use of automation and artificial intelligence tools.
The Service is provided exclusively for professional purposes and within the framework of the Client's activity.
The Company acts exclusively as a technical service provider. It does not intervene in any way in the Client's commercial strategy, in the definition of the Client's prospecting campaigns, or in the drafting or validation of content disseminated through the Service.
The Client acknowledges that the use of the Service requires a compatible technical environment, including in particular a computer, an up-to-date internet browser, and a stable and secure internet connection.
The Client is solely responsible for the costs, maintenance, and proper functioning of their equipment and connection.
The Service provides the Client with a set of features enabling them to automate, optimise, and structure their prospecting, engagement, and interaction actions on third-party platforms, within the framework of their professional activity. In this respect, the Service in particular allows the Client:
The Client acknowledges that these features are provided as technical tools, intended to facilitate the execution of actions which the Client alone defines, configures, and validates.
Some features may depend on third-party platforms, their rules, or their evolutions. They may, in this respect, be modified, limited, or removed at any time, without this affecting the overall nature of the Service.
The Client also acknowledges that some features may be offered on an evolving, experimental, or temporary basis. Consequently, no feature can be considered as definitively acquired or as constituting an essential obligation of the Company. The Client uses the features of the Service under their control and responsibility.
As part of its operation, the Service allows the Client to access, view, and use certain data from third-party platforms, in particular data publicly accessible or made available according to the settings of these platforms.
The Service does not constitute an autonomous database of prospects. It is limited to facilitating access to existing data and allowing its use within the framework of the features offered.
The Company does not carry out any independent collection of data outside of those strictly necessary for the operation of the Service.
In this respect, the Company may be required to process certain technical data, such as action histories, messages sent, sending dates, or associated identifiers, exclusively for the purposes of ensuring the proper functioning, monitoring, and security of the Service.
The Client acknowledges that the data accessible through the Service remains under the control of the third-party platforms and that its use may be governed by the rules and conditions specific to these platforms.
When the Client uses the Service to exploit data, including personal data, they act as data controller within the meaning of the applicable regulations. The Company acts, where applicable, as a technical processor, within the limits of the operations necessary for the provision of the Service.
It is the Client's responsibility to ensure the lawfulness of access to and use of the data, compliance with applicable legal obligations, in particular regarding the protection of personal data, and compliance with the terms of use of third-party platforms.
The Client undertakes not to use the Service in order to constitute, extract, or exploit an autonomous database in a manner that does not comply with applicable regulations.
The Service is based on the use of automation features enabling the Client to execute, in an assisted or automated manner, certain actions on third-party platforms.
The Client acknowledges that these features aim to facilitate and optimise actions that the Client could perform manually, and that they must be used under reasonable conditions, compatible with normal use of the platforms concerned.
The Client is solely responsible for the configuration and use of these features, in particular with regard to action volumes, sending frequencies, delays between interactions, and defined scenarios.
The Client acknowledges that the use of automation tools may involve risks, in particular in case of excessive, inappropriate, or non-compliant use with the rules of third-party platforms. These risks may include, without this list being exhaustive:
The Client expressly acknowledges and accepts these risks and assumes full responsibility for them.
The Company shall not be liable for any consequences related to the use of automation features, in particular in the event of restriction or sanction applied by a third-party platform.
It is the Client's responsibility to ensure that their use of the Service complies with the rules applicable to third-party platforms and with the regulations in force.
The Service is based on the use of third-party platforms, in particular social networks such as Facebook, Instagram, or TikTok, over which the Company exercises no control.
The Client acknowledges that the operation of the Service depends directly on the technical, contractual, and operational conditions of these platforms. In this respect, these platforms may at any time:
The Client acknowledges that such evolutions may have an impact on the operation of the Service, without the Company's liability being engaged. Under no circumstances shall the Company be liable for:
The Client is solely responsible for compliance with the terms of use and policies applicable to the third-party platforms to which they choose to connect.
The Company reserves the right to evolve the Service at any time, in particular in order to improve its performance, security, ergonomics, or features. These evolutions may include:
The Client acknowledges that the Service is, by nature, evolving and likely to be adapted according to technical needs, market evolutions, or external constraints.
Some features may be offered on a temporary, experimental, or conditional basis. Consequently, no feature can be considered as definitively acquired or as constituting an essential obligation of the Company.
Evolutions of the Service may occur without notice, provided they do not substantially alter overall access to the Service as subscribed to.
The Company implements reasonable technical and organisational means to ensure the proper functioning, security, and accessibility of the Service.
The Service is provided within the framework of an obligation of means.
The Company endeavours to provide access to the Service under normal conditions of use. However, it does not guarantee continuous and uninterrupted availability of the Service, nor the total absence of errors, malfunctions, or anomalies, nor permanent compatibility with all technical environments or third-party platforms.
The Client acknowledges that the operation of the Service may be affected by external elements, in particular linked to the quality of their internet connection, the configuration of their equipment, the evolutions or constraints of third-party platforms, as well as technical interventions necessary for the maintenance or improvement of the Service. The Company shall not be liable for interruptions, unavailability, or malfunctions resulting from these elements.
The Company may carry out maintenance operations, corrective or evolving, in order to ensure the proper functioning, security, and continuous improvement of the Service.
These operations may result in a temporary, partial, or total interruption of access to the Service.
The Company endeavours, as far as possible, to limit the duration and impact of these interruptions, without its liability being engaged in this respect.
The Client acknowledges that some maintenance operations may occur without notice, in particular when they are necessary for reasons of security, stability, or compliance.
The Company may offer, within the framework of its commercial offers, content, resources, materials, as well as any complementary element that may be associated with access to the Service or offered autonomously.
The characteristics, scope, access methods, and conditions specific to these products are specified at the time of subscription.
Access to these products is granted either for a fixed term or for a duration linked to their availability by the Company, according to the conditions provided at the time of subscription. This access may be independent of the Service subscription or associated with it.
When the offer subscribed to provides for payment in several instalments, the payment of the entire amount due constitutes an essential condition of access and maintenance of the associated rights.
In the event of non-payment of an instalment, the Company may suspend access to the products and to the Service until regularisation.
Failing regularisation, the Company may terminate this access, without prejudice to the sums remaining due, which remain fully payable. The sums already paid remain acquired by the Company.
Subject to compliance with these Terms and full payment of the sums due, the Company grants the Client a right of access to and use of the Service on a limited, personal, non-exclusive, non-transferable, non-assignable, and revocable basis.
This right is granted only for the duration of the Subscription subscribed to and strictly within the framework of professional use, in accordance with the purpose of the Service.
The Service is provided in the form of remote access to a software solution, without any transfer of ownership or grant of rights other than those expressly provided for herein.
This licence exclusively allows the Client to access the Service and use its features under the conditions defined by these Terms.
The Client acknowledges that the Company remains the owner of all rights, titles, and interests relating to the Service, including all of its components, evolutions, improvements, and associated elements.
Any use of the Service outside the framework expressly provided for by these Terms is strictly prohibited.
The Client is authorised to use the Service only within the framework of their professional activity, for their own needs, and in accordance with the purpose of the Service, namely the automation and optimisation of prospecting, engagement, and interaction actions on third-party platforms.
The Client acknowledges that the Service constitutes a technical tool whose configuration, operation, and supervision they alone ensure, and that it is their responsibility to define the methods of use according to their objectives and constraints.
The Client undertakes to use the Service in a reasonable, fair manner, and in accordance with its purpose, as well as with applicable laws and regulations.
The Client acknowledges that the use of the Service involves the use of third-party platforms and undertakes, in this respect, to comply with all the conditions, rules, and policies applicable to these platforms.
The Client also acknowledges that content generated or disseminated through the Service, in particular by means of artificial intelligence features, is used under the Client's sole responsibility and must be subject to prior validation before any use.
The Client undertakes not to access, use, or exploit the Service in a manner that would harm the rights of the Company, the integrity of the Service, or the rights of third parties.
In this respect, the Client undertakes in particular not to copy, reproduce, modify, adapt, or translate all or part of the Service, nor to carry out any reverse engineering, decompilation, or disassembly operation, nor to attempt to access the source code, algorithms, databases, or technical architecture of the Service.
The Client also undertakes not to circumvent, neutralise, or attempt to circumvent the technical limitations, security measures, or access restrictions put in place by the Company, nor to use the Service in a manner likely to compromise its proper functioning, security, or stability.
The Client undertakes not to use the Service for the purpose of developing, designing, training, or improving a competing product or service, or analysing its features for competitive purposes.
The Client further undertakes not to extract, in a massive or systematic manner, the data accessible through the Service with a view to its reuse outside the framework of the Service, in particular for commercial purposes or for the constitution of an autonomous database.
Since the Service is granted strictly on a personal basis to the Client, the Client undertakes not to make it available to unauthorised third parties, whether free of charge or for consideration.
The Client may not under any circumstances resell, rent, sublicence, assign, or commercialise, directly or indirectly, all or part of the Service, nor integrate it into an offer intended for third parties, except with the express written authorisation of the Company.
However, the Client may use the Service within the framework of services performed on behalf of third parties, in particular when acting as a service provider, agency, or agent in the management of accounts, prospecting actions, or interactions on third-party platforms.
In this context, the Client acts in their own name and under their sole responsibility. The Company is in no way a party to the relationships existing between the Client and the third parties concerned and exercises no control over the accounts, data, or content used in this context.
The Client warrants that they have all the rights, authorisations, and consents necessary to use, through the Service, the accounts and data concerned. It is in particular the Client's responsibility to ensure the legitimacy of access to the connected accounts as well as the compliance of their use with applicable rules.
The Client remains solely responsible for all actions carried out through the Service in this context, as well as for their consequences, including with regard to third-party platforms and the third parties concerned.
Any use of the Service on behalf of third parties must remain in accordance with its purpose and must not have the effect of constituting an autonomous or indirect making available of the Service for the benefit of these third parties.
The Service, as well as all of its elements, in particular the software, extensions, interfaces, databases, structures, algorithms, content, graphics, trademarks, logos, and distinctive signs, are protected by intellectual property legislation and remain the exclusive property of the Company or its partners.
The Client undertakes to comply with all intellectual property rights pertaining to the Service and undertakes not to make any unauthorised use thereof.
Any infringement of the Company's intellectual property rights constitutes a serious breach of these Terms, likely to engage the Client's liability and to give rise to any appropriate legal action.
The Client remains the owner of all rights relating to the content, data, and information that they use, generate, or disseminate through the Service.
Solely for the purposes of the execution of the Service, the Client grants the Company a non-exclusive, worldwide, free of charge licence limited to the duration of use of the Service, allowing it to host, store, process, transmit, and display this content, strictly to the extent necessary for the operation of the Service.
The Client warrants that they have all the rights, authorisations, and legal bases necessary for the use of the data and content processed through the Service.
The Client acknowledges that the data accessible through the Service, in particular that from third-party platforms, remains subject to the terms of use of these platforms and to applicable regulations, and that it cannot be exploited outside the framework of the Service without complying with these obligations.
The Company does not acquire any property rights over the Client's content and undertakes not to use such content outside of what is strictly necessary for the provision of the Service.
The licence of use granted to the Client is revocable as of right in case of non-compliance with these Terms.
It ends automatically upon expiry or termination of the subscription, for any reason whatsoever.
From this date, the Client undertakes to immediately cease any use of the Service, without prejudice to the obligations that may remain after the end of the contractual relationship.
The Client may not assign, transfer, or delegate, in whole or in part, the rights and obligations arising from these Terms without the prior written consent of the Company.
Any unauthorised assignment or attempted assignment shall be deemed null and void.
The Company reserves the right to freely assign or transfer all or part of the rights and obligations arising from these Terms, in particular within the framework of a restructuring, a transfer of business, or a change of control, without affecting the Client's rights under these Terms.
The use of the Service within the framework of white label exploitation is only authorised subject to a specific written agreement concluded with the Company.
Any exploitation of the Service under another brand, interface, or identity, or any making available of the Service to third parties within the framework of a commercial offer, without prior authorisation, is strictly prohibited.
In the event of authorisation, the Client undertakes to comply with the conditions defined contractually, in particular with regard to the scope of use, responsibility towards end users, and compliance with these Terms.
The Client remains solely responsible for the relationships with their own clients and warrants the Company against any claim resulting from this exploitation.
The Client undertakes to use the Service in a fair, reasonable manner, and in accordance with its purpose, in compliance with these Terms as well as applicable laws and regulations.
Since the Service is an automation tool, the Client acknowledges that its use necessarily involves active control and supervision on the Client's part. It is in particular the Client's responsibility to ensure the relevance of the actions carried out, the consistency of the configured parameters, and the compliance of the content disseminated.
The Client is solely responsible for the configuration of the Service and for the consequences resulting therefrom.
In this respect, it is the Client's responsibility to define appropriately the methods of use of the Service, in particular with regard to the volumes of automated actions, the delays between interactions, the message scenarios, and the targeting criteria.
The Client undertakes to use the Service under reasonable conditions, compatible with normal use of the platforms concerned. Any excessive, inappropriately automated, or manifestly abusive use is the Client's sole responsibility.
The Client is solely responsible for the content, messages, and interactions generated or disseminated through the Service.
It is the Client's responsibility to ensure that this content is lawful, complies with applicable regulations, and respects the rights of third parties. The Client also ensures that it is not misleading, abusive, or intrusive in nature.
The Client remains responsible for any consequences related to the disseminated content.
The Client acknowledges that the use of the Service may constitute a prospecting or electronic communication activity.
It is the Client's responsibility, in this respect, to comply with all applicable legal obligations, in particular regarding commercial prospecting, electronic communications, and the protection of personal data.
The Client is solely responsible for the legality of the actions implemented through the Service.
The Client undertakes to use the data accessible through the Service in compliance with applicable laws and regulations, in particular regarding the protection of personal data.
It is in particular the Client's responsibility to ensure that they have a valid legal basis for any use or exploitation of personal data and to respect the rights of the persons concerned.
The Client acknowledges that the Service does not replace human intervention.
It is the Client's responsibility to ensure regular supervision of automated actions, to verify the content generated, and to monitor ongoing campaigns.
The Company shall not be liable for unsupervised or inappropriate automated use of the Service.
The Client also undertakes to cooperate in good faith with any competent authority in the event of a request relating to their use of the Service, in compliance with applicable laws and regulations.
The Client assumes full responsibility for the consequences of the use of the Service with regard to the third-party platforms to which they are connected.
The Client acknowledges in particular that certain practices may be considered as non-compliant by these platforms and result in limitations, restrictions, or account suspensions.
The Company shall not be liable for these consequences.
The Client expressly acknowledges that the Company exercises no prior, systematic, or editorial control over the use of the Service, the content disseminated, or the actions carried out.
Any occasional intervention by the Company shall not be interpreted as a validation, guarantee, or assumption of responsibility regarding the use of the Service.
Any breach by the Client of the provisions of this article constitutes a violation of these Terms.
The Company may, consequently and without prejudice to any other right or remedy, suspend access to the Service, limit certain features, or proceed with the termination of the account.
The Client acknowledges and accepts that they are solely and exclusively responsible for the use of the Service, as well as for all content, messages, data, and actions carried out through it.
The Company acts exclusively as a technical service provider making available an automation tool. It does not intervene in any case in the definition of the Client's strategy, in the targeting of prospects, nor in the content of messages sent or generated through the Service.
The Client warrants that all content, messages, and interactions generated or disseminated through the Service:
The Client acknowledges that any use of the Service for automated prospecting purposes engages the Client's sole responsibility, in particular with regard to the rules applicable to canvassing and the use of third-party platforms.
Within the framework of the use of the Service, the Client may be required to exploit data from third-party platforms.
The Client acts, in this respect, as a data controller within the meaning of applicable regulations regarding the protection of personal data (in particular the GDPR).
It is in particular the Client's responsibility to ensure the lawfulness of the collection and use of the data, to comply with the obligations of information and, where applicable, of consent, and to ensure the compliance of their practices with the conditions of the platforms used.
The Company acts, where applicable, as a technical processor, only for the operations strictly necessary for the operation of the Service.
The Client acknowledges that the data accessible through the Service does not constitute an autonomous database and remains derived from third-party platforms, the use of which is the Client's sole responsibility.
The Client undertakes not to use the Service in a manner likely to harm the law, the rights of third parties, or the proper functioning of the Service. In particular, the Client undertakes not to engage in:
Any use of the Service must remain in accordance with reasonable use equivalent to human use of the platforms concerned.
The Client undertakes to warrant and indemnify the Company against any claim, action, or conviction resulting from the use of the Service, the content or messages disseminated, and non-compliance with applicable laws or the rules of third-party platforms.
The Company provides the Service as a technical service provider, within the framework of an obligation of means.
The Company shall not be liable for the decisions made by the Client, nor for the results obtained within the framework of the use of the Service.
The Company shall not be liable for damages, in particular loss of turnover, loss of clientele, loss of data, loss of opportunity, harm to image, or any commercial prejudice.
The Company shall not be liable in particular in the event of:
The Client acknowledges that the internet network presents technical hazards and inherent risks.
The Company does not guarantee the absence of interruption, malfunction, or alteration of data, and shall not be liable for the consequences related to these elements.
The Client acknowledges that the use of the internet involves inherent risks, in particular regarding security and data transmission.
Access to the Service is conditional upon subscription to a paid subscription, the characteristics of which (price, duration, features, limitations, and billing methods) are specified on the website or communicated to the Client prior to subscription.
The applicable rates are those in force on the day of subscription. The Company reserves the right to modify its rates at any time. These modifications shall apply only as from the renewal of the subscription, unless otherwise expressly agreed by the Client or contrary mandatory legal provisions.
The subscription to the Service is subscribed to for a fixed term, as specified at the time of subscription. Unless terminated by the Client under the conditions provided for in the "Termination" article, the subscription is automatically renewed, at its expiry, for successive periods of the same duration as that initially subscribed to.
The renewal of the subscription entails the automatic billing of the new period, according to the pricing conditions in force on the day of renewal.
The Client may at any time object to the automatic renewal by terminating their subscription from their client area or by electronic means at the address support@novalya.com.
Failing termination under the aforementioned conditions, the new subscription period is due in its entirety and shall not give rise to any refund.
The Company may offer, at its sole discretion, a trial period allowing the Client to test all or part of the Service for a limited duration, as specified at the time of subscription.
The specific conditions of the trial period (duration, accessible features, need to provide a means of payment, possible limitations) are indicated at the time of registration.
Access to the Service is opened immediately as from the activation of the trial period.
When the trial period is associated with the provision of a means of payment, the Client expressly accepts that, unless terminated before its expiry, their subscription will be automatically activated at the end of said period and will give rise to billing according to the selected offer.
It is the Client's responsibility to terminate their subscription before the end of the trial period if they do not wish to be billed.
Failing termination within this period, the subscription is deemed to be subscribed to for the chosen period (monthly or annual) and becomes immediately payable, without possibility of refund.
The trial period is reserved for first-time use of the Service and may be used only once per Client. Any attempt at circumvention, in particular through the creation of multiple accounts, may result in the immediate suspension of access to the Service.
The subscription is billed in advance, according to the periodicity chosen by the Client.
Payment is made by direct debit or by any other means accepted by the Company.
The Client undertakes to provide accurate, complete, and up-to-date payment information, and to maintain a valid means of payment throughout the duration of the subscription.
The Client expressly authorises the Company to proceed with the automatic debit of the sums due, including upon renewals.
In the event of failure or refusal of payment, the Company may, as of right and without notice, suspend access to the Service or limit certain features.
In the event of persistent breach, the Company may terminate the subscription.
The sums due remain fully payable, without prejudice to any recovery action.
Prices are indicated exclusive of taxes, unless otherwise stated.
The Client is solely responsible for the payment of taxes, duties, and contributions applicable according to their situation.
Save in case of serious breach by the Company of its essential obligations or contrary mandatory legal provisions, no refund, total or partial, shall be granted.
The Client acknowledges that access to the Service is provided immediately after subscription and expressly waives any right to a refund in the event of non-use, partial use, or early termination.
Any subscription period commenced is due in its entirety.
Any abusive dispute, opposition, or unjustified chargeback constitutes a serious breach of these Terms.
In this case, the Company reserves the right to suspend or terminate immediately access to the Service and to require the payment of the sums due, increased by the costs incurred.
The Company reserves the right to modify, evolve, or remove all or part of its offers and features.
These modifications apply to new subscriptions and to renewals, subject to prior information when the changes substantially affect the current subscription.
The IT records, logs, usage histories, and Technical Data of the Company shall be authoritative between the Parties and may be validly used as evidence.
Each Party undertakes to consider as strictly confidential all information, data, documents, technical, commercial, strategic, financial, or operational elements, communicated by the other Party or to which it would have access within the framework of the use of the Service (hereinafter the "Confidential Information").
Confidential Information includes in particular, without this list being exhaustive:
Each Party undertakes to:
The following information is not considered Confidential Information:
Each Party may disclose Confidential Information if it is required to do so under a legal, regulatory obligation or under a judicial or administrative decision, subject, to the extent permitted by law, to informing the other Party in advance in order to allow it to take any appropriate measure.
The confidentiality obligations relating to personal data are specified and supplemented by the Privacy Policy, which forms an integral part of these Terms.
In case of contradiction, the provisions relating to the protection of personal data shall prevail.
The confidentiality obligations provided for in this article shall remain applicable throughout the duration of use of the Service and after its termination, for whatever reason, save for a longer legal obligation.
Any violation of the confidentiality obligations constitutes a serious breach of these Terms and may result, without prejudice to any liability action, in the immediate suspension or termination of the account, precautionary measures, and full compensation for the damage suffered.
The Client may terminate their subscription in accordance with the methods provided for in their client area or in the offer subscribed to.
Termination shall take effect at the end of the current subscription period, without prejudice to the sums already billed or due, which shall remain fully acquired by NOVALYA.
No early termination shall give rise to a refund, total or partial, save for contrary mandatory legal provisions.
The Company reserves the right to suspend or terminate access to the Service, without notice or compensation, in the event of non-compliance with these Terms, in particular in the event of non-compliant use, default of payment, or risk to the proper functioning or security of the Service.
In the event of suspension, access to the Service may be temporarily interrupted, without affecting the sums due.
In the event of termination, the Client immediately loses any right of access to the Service.
The Client's data may be deleted in accordance with the Privacy Policy.
The Client is solely responsible for the recovery of their data before the end of their subscription.
The Company may retain certain data after the end of the contractual relationship in order to comply with its legal obligations or to manage any disputes. The Privacy Policy is accessible on the Company's website and forms an integral part of these Terms.
The suspension or termination of the Service, when carried out in accordance with these Terms, shall not engage the liability of the Company nor give rise to a right to compensation.
The Parties acknowledge and agree that they act as independent partners.
No provision of these Terms shall be interpreted as creating between them a relationship of subordination, partnership, agency, representation, or joint venture.
Each Party acts in its own name, on its own behalf, and under its sole responsibility.
The Client has no power to bind the Company, nor to act in its name or on its behalf, in any capacity whatsoever.
The Client acknowledges that the use of the Service does not create any relationship of economic dependence with regard to the Company.
Neither Party may be held liable for a breach of any of its contractual obligations if such breach results from an event of force majeure, as defined by the applicable regulations.
Cases of force majeure include in particular, without this list being exhaustive: natural disasters, fires, floods, pandemics, armed conflicts, terrorist acts, strikes, network or telecommunications failures, failure of internet access or energy providers.
The Party affected by a case of force majeure undertakes to inform the other Party as soon as possible and to make its best efforts to limit the effects of this event.
The performance of the affected obligations is suspended for the entire duration of the force majeure event, without this giving rise to any compensation.
If the force majeure event continues beyond a period of thirty (30) days, each of the Parties may terminate these Terms as of right, without compensation, by written notice.
The fact that the Company does not avail itself, at a given time, of a breach by the Client of any of the obligations of these Terms shall not be interpreted as a waiver of the right to avail itself thereof later.
Any tolerance or occasional waiver shall not create a vested right for the benefit of the Client.
If any of the provisions of these Terms were declared null, invalid, or inapplicable by a competent court, such provision shall be deemed unwritten, without affecting the validity of the other provisions, which shall remain fully in force.
The Parties shall endeavour, in this case, to replace the provision concerned with a valid clause reflecting the initial intention of the Parties.
These Terms are governed and interpreted in accordance with the law of the Republic of Ireland, to the exclusion of any conflict of laws rules.
Any dispute relating to the validity, interpretation, performance, or termination of these Terms shall be the exclusive jurisdiction of the Irish courts, save for contrary mandatory legal provisions.
These Terms may be drafted in several languages. In case of contradiction or divergent interpretation between the different versions, the English version shall prevail and be authoritative.
The Company reserves the right to evolve the Service at any time in order to improve its performance, security, or features.
The Client acknowledges that the Service may be subject to updates, modifications, or technical adaptations, which may occur without notice provided that they do not substantially alter access to the Service.
The Company reserves the right to modify these Terms at any time. In case of substantial modification, the Client shall be informed by any useful means.
The modified Terms shall enter into force on the date indicated. The continued use of the Service after the entry into force of the modified Terms shall constitute acceptance without reservation.
Failing acceptance, the Client must cease using the Service and terminate their subscription.
The evolutions of the Service or of these Terms shall not engage the liability of the Company provided that they are justified by technical, legal, or operational imperatives.
