The purpose of these general terms and conditions of use (the “General Conditions”) is to define:
Prior to using any of the Functionalities, you must accept these General Conditions. By accessing or using the Functionalities by any means, you expressly confirm your full and final acceptance of these General Conditions.
You also agree that personal data and electronic communications provided on the Site or through the use of the Functionalities will be processed in accordance with our personal data protection policy, which is available at https://leadnlead.com/conditions-generales-d-utilisation/
We reserve the right, at our sole discretion, to modify or replace the General Conditions at any time. The most recent version of the General Conditions will be posted on the Site. It is your responsibility to be aware of such changes.
You are deemed to have accepted all modifications and revisions to the General Conditions as soon as you continue to use any part of the Functionalities.
Unless otherwise stated in these General Conditions or mentioned on the site, the Site is operated, the License is granted, and the Functionalities are offered by KOUL, a simplified joint-stock company with its registered office at 9 place Royale in Reims (51100), registered with the Reims trade and companies register under number 854 076 437 (“LeadnLead”, “we”, “our”).
Mr. Alexandre Da Silva as President: [email protected]
Name: OVH Website: https://www.ovhcloud.com Country: France
You represent and warrant that you have all the necessary capacity and skills to adhere to the terms, conditions, obligations, representations, and warranties stipulated in these General Conditions, to be bound by them, and to comply with them.
Access to the Functionalities is exclusively open to legal entities, subject to the exception mentioned below. Consequently, you represent and warrant that you have the necessary powers to contract on behalf of and for the account of the legal entity you represent. In the case of a trial or “Freemium” offer subscription – the only cases for which subscription is open to individuals – you represent that you have reached the age of majority required in your jurisdiction to access the said Functionalities and to enter into all obligations required by the Functionalities.
The Functionalities are exclusively reserved for individuals or entities qualifying as professionals within the meaning of the introductory article of the Consumer Code, namely any natural or legal person, public or private, acting for purposes within the scope of their commercial activity, including when acting on behalf of or for the account of another professional. Consequently, you acknowledge that you qualify as a professional within the meaning of said Article. You acknowledge, as a professional, that you do not benefit from the protections granted to consumers by the Consumer Code, including a right of withdrawal.
You also represent and warrant that you are legally authorized in your jurisdiction to use the Functionalities and interact with the Functionalities in any way. Finally, you represent and warrant that you are solely responsible for complying with all applicable laws in your jurisdiction, and you release LeadnLead from any responsibility in this regard.
The User has access to the Functionalities described on the Site, in the form and according to the technical means and functionalities that LeadnLead deems most appropriate.
The main Functionalities offered by LeadnLead are as follows:
The Functionalities available vary depending on the subscription selected, namely Freemium, Pro, or Business, or any other subscription offered and detailed on the Site.
You are liable for the price of the Functionalities (and therefore including the License) in accordance with the indications on the Site. The price varies depending on the subscription you have taken out.
The price for using the Functionalities is paid on the day of subscription. The next payment is defined on the same day of the following month or year (depending on the chosen frequency). Any change of subscription results in immediate prorated billing.
LeadnLead does not provide any refund for the price of the Functionalities, whether paid on an annual or monthly basis. In particular, the lack of use of the Functionalities after payment, account deactivation, subscription change, and the submission of a termination request do not entitle you to a refund of the payments made to LeadnLead.
Your invoices are accessible on the Site in the management of your subscription. We reserve the right to modify prices or billing terms from time to time in accordance with the General Conditions.
The accepted payment methods are those listed on the Site at the time of payment. By adding a payment method on the Site, you consent to be charged for unpaid, current, or past due subscription periods.
To use the Functionalities, you must first register with LeadnLead by creating a user account (the “User Account” or the “account”). This is automatically created when you log in with LinkedIn after installing the extension. You can provide payment details during registration, but they are not required to benefit from a free trial period or the “Freemium” offer.
All information we request from you in connection with your registration must be accurate and complete. If, for any reason, we have reason to believe that information may not be accurate or complete, we may refuse to grant you access to the Site, or any of its functionalities, refuse to create an account, or terminate or suspend it.
You can only have one User Account at a time. You are not authorized to use Functionalities or create an account on behalf of anyone other than yourself. You are also not authorized to act as a broker, agent, or intermediary of any kind.
You are responsible for the confidentiality of your account password and for keeping your credentials secure. You agree to keep your information and passwords secret, not to disclose them to third parties, and to immediately notify LeadnLead of any unauthorized access to your account or any security breach. LeadnLead cannot and will not be held responsible for any loss or damage resulting from your failure to comply with your obligations under this paragraph.
You must not provide false or misleading information. Providing false information on your account is strictly prohibited and will result in the termination or suspension of your account.
To ensure that LeadnLead remains a secure platform for all our users, and to comply with applicable laws, we may need to verify your identity to access the Functionalities we offer.
LeadnLead may, at any time and without incurring any liability, terminate, suspend, or limit your use of the Functionalities if: (a) you have not paid the price of the Functionalities, (b) we suspect you are acting in violation of the General Conditions and/or any other applicable provision; (c) we are required to do so by applicable laws, regulations, a court, or any other authority to which we are subject in any jurisdiction; (d) we fear there is a security risk related to your account or that the Functionalities are being used in a fraudulent or unauthorized manner; (e) we have reasons to believe we must do so to preserve our reputation.
No payment, compensation, or damages of any kind will be due to you from LeadnLead as a result of the suspension, termination, or limitation of your use of the Functionalities related to a violation of the General Conditions.
Our rights of suspension, limitation, and termination under these General Conditions are without prejudice to any other rights or remedies to which we may be entitled (whether under the General Conditions or applicable laws and regulations).
You have the option to terminate your subscription to the Functionalities under different conditions depending on whether your subscription was made on a monthly or annual basis.
Monthly subscription: if the price of the Functionalities is paid on a monthly basis, the termination becomes effective from the first day following the monthly period during which the termination was notified on the Site. For example, in the case of a subscription taken out on April 10 and termination notified on May 15, the termination becomes effective on June 10.
Annual subscription: if the price of the Functionalities is paid on an annual basis, the termination becomes effective from the first day following the relevant annual period. For example, in the case of a subscription taken out on January 1, 2023, and termination notified on August 15, 2023, the termination becomes effective on January 1, 2024.
Access to the Functionalities and the License remains in effect until the termination date. As the General Conditions are agreed for a fixed term, whether monthly or annually, no refund of the price of the Functionalities, whether paid on an annual or monthly basis, will be granted to you.
You are not entitled to invoke your own violation of the General Conditions, particularly the inaccuracy of one or more of your statements, to request early termination of the Functionalities.
You will no longer be authorized or enabled to use the Functionalities and benefit from the License, and you must pay the price of the Functionalities if it has not been fully paid for the period preceding the termination's effective date.
From the effective date of termination, (a) all License rights granted under the General Conditions before the termination will be immediately terminated, and you must immediately cease all use of the LeadnLead Software; (b) you will be required to delete all copies of the LeadnLead Software from your computers and return any Confidential Information obtained in the course of performing the Functionalities.
You expressly acknowledge and agree that the use of the Services is entirely at your own risk. The Functionalities and access to the Site are provided “as is” and “as available,” without any warranty of any kind, whether express or implied, including, without limitation, any warranty of fitness for your expectations, needs, business evolution, or its particularities. You expressly acknowledge and agree that we have no control over, and no obligation to take any action regarding the following: which users have access to or use the Functionalities; what effects the Site's content may have on your business; how you may use the Site's content and the Functionalities, or what actions, particularly regarding your clientele, you may take as a result of accessing the Site's content.
We do not guarantee that access to the Site or the Functionalities will be continuous, uninterrupted, updated, or secure. You expressly acknowledge and agree that the Site and the Functionalities (a) may contain bugs, errors, and defects, (b) may not function properly or be subject to periods of downtime or unavailability, (c) may result in the total or partial loss or corruption of data, and (d) may be modified from time to time, including through subsequent versions, with or without notice to the User. You expressly acknowledge and agree that LeadnLead cannot be held responsible for any loss, damage, or injury resulting from your failure to comply with your obligations under these terms.
By using our prospecting automation extension, the user acknowledges and agrees that they are using an automation tool that interacts with LinkedIn. Although our extension is designed to comply with LinkedIn's usage policies and limits, LinkedIn independently imposes and updates its own usage rules and service policies and has the ability to restrict or suspend access to its service at its sole discretion.
As a service provider, we do our best to comply with these rules; however, we cannot guarantee the continued compatibility of our extension with LinkedIn or be held responsible if LinkedIn decides to restrict, suspend, or terminate the user's access to its service due to the use of our extension. We also cannot be held responsible for changes made by LinkedIn to its policies or usage rules that may affect the operation of our extension.
It is the user's responsibility to stay informed and comply with LinkedIn's terms of use and policies. The user is solely responsible for their use of our extension and the impact it may have on their use of LinkedIn.
By using our extension, the user agrees to these terms and acknowledges that they understand the risks associated with using a prospecting automation tool on LinkedIn.
Finally, you declare and agree that neither LeadnLead nor its suppliers or licensors can be held liable to you for any direct or indirect damage, of any kind, including, without limitation, material loss, loss of profits, customers, use, data, or any other loss of a contractual, tortious, or other nature (even if LeadnLead has been informed of the possibility of such damages), resulting from: the Site or the Functionalities; the use or inability to use the Site or the LeadnLead Software; unauthorized access to or alteration of your messages or data; third-party conduct or statements on the Site or the Functionalities; any action we take or fail to take in response to a message you send us; human errors; technical malfunctions; breakdowns; omissions, interruptions, latencies, deletions, or defects of any tool or network, suppliers, software (including, without limitation, those hindering the provision of the Functionalities); any injury or damage to computer equipment; inability to access the Site, the Functionalities, or any other website; theft, alteration, destruction, or unauthorized access to the Functionalities; delayed, incorrectly processed, or unprocessed data, or lost data; typographical, printing, or any other errors, or a combination of errors; or any other subject related to the Site or any other aspect of the Functionalities.
If, despite the above, LeadnLead is found liable by a court for any reason, you expressly agree that its total liability is strictly limited to the price of access to the Functionalities charged to you in the twelve (12) months preceding the date of the initiating act.
You expressly agree to indemnify and hold harmless LeadnLead and third-party service providers, and each of their officers, directors, agents, joint ventures, employees, and representatives, from any claim or compensation (including attorneys' fees and all costs, fines, penalties imposed by a regulatory authority) resulting from or relating to (a) your breach of the General Conditions; (b) your use of the Functionalities; and (c) your violation of any law or regulation in any jurisdiction, or any third-party rights.
LeadnLead grants you a limited, non-exclusive, non-transferable, non-sublicensable license for the duration of your commitment to the Chrome extension and CRM software developed by LeadnLead (the “LeadnLead Software”) and its updates (the “License”) to use, install, and run the LeadnLead Software as licensed under these terms solely for your professional needs.
The License is conditioned upon the regular payment of the price of access to the Functionalities, as referred to in Article 3.4.
You acknowledge and agree that the LeadnLead Software, including its sequence, structure, organization, and source code, constitutes valuable intellectual property rights, including copyrights, trademarks, service marks, trade secrets, patents, patent applications, confidentiality contractual rights, or any other intellectual property or exclusive right, originating from LeadnLead or its suppliers. The LeadnLead Software is licensed to you, not sold, and no title or ownership of this software or the intellectual property rights thereto is transferred under the General Conditions or any other agreement. The LeadnLead Software remains the exclusive property of LeadnLead, and all rights, titles, and interests therein not expressly granted to the Client under the General Conditions are reserved to LeadnLead.
No provision of these General Conditions shall be deemed to grant a license under any existing or future patents. You acknowledge and agree that in the course of performing the Functionalities, LeadnLead may create other software and other intellectual property works that will remain the full property of LeadnLead.
The term “Confidential Information” means any information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) in connection with the access or use of the Functionalities, which is disclosed in writing or orally and identified as “Confidential” or which, under the circumstances of its transmission, should be considered confidential by the Receiving Party. Notwithstanding the foregoing, LeadnLead Confidential Information includes any information, regardless of its form, disclosed by LeadnLead that concerns the LeadnLead Software and is not publicly known.
The Receiving Party must treat all Confidential Information disclosed by the Disclosing Party as confidential, must not use such Confidential Information except with the prior written consent of the Disclosing Party, and must not disclose such Confidential Information to third parties without the prior written consent of the Disclosing Party, provided that the Receiving Party may disclose such Confidential Information to its employees and contractors on a need-to-know basis, provided that they are bound by the same confidentiality obligations as the Receiving Party under these General Conditions. The Receiving Party is responsible for all acts and omissions of its employees and contractors when such an act or omission would constitute a breach of the General Conditions as if it had been committed by the Receiving Party.
Notwithstanding the foregoing, the restrictions of this Article shall not apply to information that: (a) has been independently developed by the Receiving Party without using the Disclosing Party's Confidential Information; (b) is made known to the Receiving Party, without restriction, by a third party without violating the General Conditions and who was entitled to disclose it; (c) was in the public domain at the time of disclosure or enters the public domain without any act or omission of the Receiving Party; (d) was rightly known to the Receiving Party, without restriction, at the time of disclosure; or (e) is disclosed in accordance with a court order, administrative order, or other governmental directive; provided, however, that the Receiving Party must immediately notify the Disclosing Party and make every effort to prevent the public disclosure of such information. The Receiving Party must, at the request of the Disclosing Party, return the originals, copies, reproductions, and summaries of the Confidential Information and all other tangible materials and devices provided to the Receiving Party as Confidential Information, or, at the Disclosing Party's option, certify that they have been destroyed.
The Site may provide links to other websites, applications, or resources. Because LeadnLead has no control over these websites, applications, or resources, you expressly acknowledge and agree that LeadnLead is not responsible for the availability of these external websites, applications, and resources, and that it cannot be held responsible in any way for any content, advertising, products, or other materials available on or from these sites or resources.
These General Conditions and all rights, obligations, and the License they grant under these terms are limited, revocable, non-exclusive, personal to you, and therefore cannot be transferred, assigned, or delegated by you to third parties without our written consent. LeadnLead may transfer, assign, or delegate its rights and obligations under the General Conditions without restriction and to any person. Any attempt to transfer or assign in violation of these terms will be null and void.
Unless otherwise provided in these terms, the General Conditions (as amended, if applicable) and any document expressly referred to herein constitute the entire agreement between the parties and supersede any prior agreement, promise, assurance, warranty, representation, undertaking, or arrangement between the parties regarding the same subject matter as these General Conditions, whether written or oral.
No oral explanation or information can modify the interpretation of these General Conditions. You confirm, by accepting these General Conditions, that you have not relied on any statement or information not expressly included herein.
These General Conditions are deemed severable, and any illegality, nullity, or unenforceability of any provision shall not affect the validity and enforceability of the General Conditions. Furthermore, the provision found to be illegal or unenforceable shall be modified and interpreted to achieve the objectives of the original provision to the greatest extent possible under applicable law.
These General Conditions are concluded in French, and all communications, including all notifications and information, must be provided in French.
The delay in performance or non-performance of any provision of the General Conditions by either party cannot be considered a waiver of any of its other rights under these General Conditions.
By using the Functionalities, you agree that we may send you notices and other communications, including marketing, relating to your use of the Functionalities: (a) via email (in all cases to the address you provide to us), SMS, or phone call (in all cases to the number you provide to us), or (b) by posting on the Site. For notices made by email, the date of receipt will be deemed to be the date on which the notice is transmitted. You will always have the option to unsubscribe from receiving marketing content we send you.
Notices intended for us should be sent electronically to: [email protected]
Section and article titles are inserted for information and convenience for the User and cannot affect the interpretation of the provisions of the General Conditions.
These General Conditions and the rights and obligations of the parties contained or related to their performance are governed and interpreted in accordance with French law.
For any dispute arising between the User and LeadnLead in connection with the conclusion, interpretation, and performance of these General Conditions, the parties will attempt to reach an amicable agreement.
Failing an amicable agreement, any dispute resulting from, or related to, the General Conditions must be submitted to the jurisdiction of the Commercial Court of Reims.
