1. Scope of application
These terms govern all usage of the Pipecorn services. The Services are provided by Pronto (SIRET: 93994877400012), subject to the Customer’s acceptance. By opening an Account, the Customer agrees to be bound by the Terms and Conditions presented during the account-creation process via a specific checkbox. If a Customer disagrees, they cannot use the Services. This agreement excludes any other terms from customers. Users must be at least 18 years old.
2. Definitions
- “Customer” a natural person or legal entity entering into these terms for professional purposes.
- “Data” all data extracted by Pipecorn and provided to the Customer as part of the Services.
- “Intellectual Property Rights” patents, copyrights, trademarks, service marks, domain names and similar rights worldwide.
- “Pipecorn” the limited liability company operating the Services, or its legal successor.
- “Services” services to assist customers in optimizing their digital marketing strategies through tools on the Website.
- “User” any person authorized by the Customer to access the Services.
3. Purpose and description of the Services
These terms define the rules for Pipecorn’s digital marketing and customer-engagement tools. Pipecorn grants the Customer the right to access the Services through a Customer Account under the terms outlined here, and use is subject to subscription fees.
4. Customer account and conditions to subscribe
Customers must create an account with a unique identifier and password. The Customer is solely responsible for maintaining the security of the Account and for all activities that occur under it. Pipecorn is not liable for the Customer’s acts or omissions.
5. Use of the Services
Customers must use the Services exclusively for their professional needs and intended purposes, complying with all applicable laws and intellectual property rights.
6. Payment and invoicing
Customers pay the fees for their chosen subscription plan via credit card, debit card or wire transfer. Fees are billed on a recurring basis and charged according to the terms discussed during the signup process. Cancellation must occur before the billing cycle ends to avoid charges for the next cycle. Pipecorn will not refund any remaining credits or service time once a subscription is cancelled.
7. Refunds
Pipecorn does not offer refunds for any services already provided or any credits used. Unused credits may roll over to the next billing period only if the subscription is renewed.
8. Customer support
Support is available via email and live chat. Live-chat requests are addressed promptly during business hours, while email inquiries receive a response within one to three business days.
9. Intellectual property rights
Using the Services does not grant customers any rights to Pipecorn’s intellectual property. All rights, titles and interests in and to such property remain solely with Pipecorn, which retains exclusive ownership of the Services.
10. Customer’s responsibilities
Customers are responsible for all account activity and must use the Services lawfully. Unauthorized use of the Services including, but not limited to, unauthorized entry into Pipecorn’s systems, misuse of passwords, or misuse of any information posted to a site is strictly prohibited.
11. Termination
Pipecorn may terminate the Services and these Terms and Conditions at any time without notice if the Customer violates any of these terms. Pipecorn may discontinue the Services without liability, which may result in data loss.
12. Modifications to terms
Pipecorn reserves the right to modify these Terms and Conditions at any time. Modifications become effective upon posting, and continued use of the Services constitutes the Customer’s consent to the changes.
13. Limitation of liability
Under no circumstances shall Pipecorn be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising from the use of the Services or related claims. Liability is limited to the extent permitted by law.
14. Indemnification
Customers agree to indemnify and hold harmless Pipecorn, its officers, directors, employees and agents from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from the Customer’s use of the Services or violations of these terms.
15. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information received, except as required by law or where the information is in the public domain or already in the recipient’s possession.
16. General provisions
These Terms and Conditions constitute the entire agreement between the Customer and Pipecorn concerning the Services and supersede all prior agreements or communications. Pipecorn’s failure to enforce any right does not constitute a waiver of that right.
17. Governing law and jurisdiction
These Terms and Conditions and the relationship between the Customer and Pipecorn are governed by the laws of France, without regard to conflict of law provisions. The courts of Paris have exclusive jurisdiction over any disputes.
18. Data protection
Pipecorn is committed to protecting the privacy and security of the personal data it processes. Handling follows the GDPR and applicable data protection laws, and processing occurs only as necessary to provide the Services, in line with our Privacy Policy.
19. Force majeure
Neither party is liable for failures caused by unforeseen events beyond reasonable control, including acts of God, natural disasters, war, terrorism, riots, strikes or shortages of resources.
20. Notices
Notices by Pipecorn are given via email to the Customer-provided address or by posting on the Website. The email receipt date is the notice date.
21. Waiver and severability
The waiver of any term does not constitute a further waiver, and failure to assert a right does not constitute a waiver. If any provision is found invalid, the remaining provisions continue in full effect.
22. Entire agreement
These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between the Customer and Pipecorn regarding the Services, superseding all prior understandings and agreements.
23. Feedback and comments
Pipecorn encourages customer feedback. Any feedback or comments related to the Services may be used in promotional materials or to improve the Services. The Customer grants Pipecorn a perpetual, non-exclusive, royalty-free license to use such feedback in its business operations.
24. Assignment
Customers cannot assign or transfer these terms without Pipecorn’s written consent; attempted transfers without consent are null. Pipecorn may freely assign these terms without restriction.
25. Governing law and jurisdiction
These terms are governed by French law. The parties irrevocably consent to bring any action to enforce these Terms and Conditions in the courts located in Paris, France.