General terms and conditions
FLYNT
RCS Nanterre n°895 050 441
32, rue Guy Moquet 92240 Malakoff
contact@goflynt.io
1. Subject
The company FLYNT (" FLYNT ") has developed an application accessible from the website www.goflynt.io allowing businesses and restaurant owners (the " Customers ") to benefit from advice for the purpose of optimizing their revenues and improving their profitability (the " Application ").
These general terms and conditions apply without restriction or reservation to any access to the Application and any order of services by the Customer to FLYNT (the " Services ").
Together with the commercial proposal sent to the Customer (the " Commercial Proposal "), an indivisible contractual whole (the " Agreement "). In the event of contradiction, the provisions of the Commercial Proposal shall prevail over these general terms and conditions. In the event of contradiction between different Commercial Proposals, the most recent document shall prevail over the oldest.
The Agreement shall prevail over any other general or special conditions not expressly approved by FLYNT.
2. Services for professionals only
The Application and the Services are designed for and intended for professional use and are therefore exclusively intended for professionals in the context of their activity related to the catering and sale of food products.
3. Access to the Application and Services
3.1 Acceptance of the Commercial Proposal
Prior to any Services being performed, it is the Customer's responsibility to provide FLYNT with useful information and documents to enable it to identify its needs and expectations. FLYNT shall draw up a Commercial Proposal on this basis and send it to the Customer by email, indicating in particular the duration of the Agreement, the content of the Services and their price.
The Customer who wishes to order the Services must validate the corresponding Commercial Proposal within the time limit provided for, by any useful written means and in particular by email. Otherwise, the Commercial Proposal will be null and void.
3.2 Registration on the Application
Once the Commercial Proposal has been accepted by email, the Customer may register on the Application by clicking on the hyperlink provided for this purpose in the confirmation email sent by FLYNT.
By clicking on the "create my account" button sent by FLYNT, the Customer acknowledges that he/she has taken cognizance of and fully accepts these general conditions, in their current version. Any acceptance without reservation shall be considered null and void. Any Customer who does not agree to be bound by these terms and conditions shall not order Services from FLYNT or access the Application.
In the event of a change to the initial Services or a new order, a new CommercialProposal shall be drawn up. The provisions of the new Commercial Proposal shall prevail over those of the old ones. If not specified in the new Commercial Proposal, the commitment periods remain identical to the first ones.
FLYNT opens an account in the name of the Customer, which allows him/her to manage his/her use of the Services and to access the Application (the " Account ").
To access the Application, the Customer uses his/her login (ie. Its email address) and the password it has created.
It is the Customer's responsibility to fill in the mandatory information requested by FLYNT, in particular its banking information, and the list of points of sale concerned.
The Customer undertakes to use the Application personally and not to allow any third party to use it in its place or on its behalf, unless it bears full responsibility. The Customer is likewise responsible for maintaining the confidentiality of its identifiers, and must ensure the security of its access codes, any access to the Account using the latter being deemed to have been made by it.
The Customer must immediately contact FLYNT if it notices that its Account has been used without its knowledge. The Customer acknowledges FLYNT's right to take all appropriate measures in such a case.
4. Description of the Services
4.1 Description of the Services
FLYNT has developed an Application that allows the Customer to benefit from advice in the development of its business and the optimization of its income. It undertakes to provide the Customer with the Services described on the Application, and as provided for in the Commercial Proposal.
By way of illustration, FLYNT :
provides the Customer with an analysis of the performance of its point(s) of sale (sales, profits, average basket, orders)
creates and manages offers on distribution platforms
creates and manages ads / advertisements on distribution platforms
analyzes the performance of promotions and ads
analyzes the Client's positioning on the distribution platforms
provides a competitive intelligence
The Customer agrees that Flynt may perform the above roles.
4.2 Hosting of the Application
FLYNT undertakes to ensure, under the terms of an obligation of means, the hosting of any content published by the Customer on the Application in accordance with the practices of the profession and the state of the art, on its own servers or by a professional hosting provider, carrying out its activity in accordance with the practices of the profession and the state of the art.
In this context, FLYNT undertakes to provide the Customer with sufficient storage and processing capacity within the scope of the Services, in accordance with the practices of the profession and the state of the art.
FLYNT undertakes to implement all technical means, in accordance with the state of the art, necessary to ensure the security of and access to the Services, including the protection and monitoring of the infrastructures, the control of physical and/or immaterial access to said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect the servers from malicious acts.
FLYNT also undertakes to take all necessary precautions, in view of the nature of the data and the risks presented by the automated data processing implemented for the purposes of the Services, to preserve the security of the data, and in particular to prevent it from being distorted, damaged or accessed by unauthorized parties.
4.3 Technical assistance
FLYNT offers the Customer technical assistance accessible by email at the following address: support@goflynt.io allowing him to report any difficulty encountered when using the Services.
4.4 Other Services
FLYNT reserves the right to offer any other Service that it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate to provide said Services.
5. Financial conditions
5.1 Prices
The cost of access to the Services and the Application is indicated in the Commercial Proposal.
Unless otherwise stated, it is expressed in Euros and exclusive of tax.
The Customer is expressly informed and accepts that the amount of his subscription has been determined according to the number of points of sale concerned, for which he may have benefited from a preferential rate.
In the event of a reduction in this number, the cost of the subscription may be re-evaluated at the normal rate, without a preferential rate.
5.2 Invoicing and payment terms
Unless otherwise stated in the Commercial Proposal, the Services shall be invoiced on a monthly or annual basis, communicated to the Customer by any useful means, after the launch of the Application.
Invoices sent to the Customer are payable by SEPA direct debit, within a maximum period of 30 (thirty) days from the date of issue.
The terms of payment are in any case indicated in the Commercial Proposal.
The Customer guarantees FLYNT that it has the necessary authorizations to proceed with the payment of the price.
5.3 Late and non-payment
The Customer is hereby informed and expressly accepts that any delay in payment of all or part of an amount due to FLYNT on its due date shall automatically, and from the day following the date of 4 payments appearing on the invoice:
The forfeiture of the term of all sums due by the Customer and their immediate payment, whatever the terms of payment that had been provided;
Immediate suspension of the Services and access to the Application until full payment of all amounts due;
The invoicing to FLYNT of late payment interest, due by the sole fact of the due date of the contractual term, at the rate of 3 (three) times the legal interest rate, based on the amount of the debt not paid on the due date and a fixed compensation of 40 (forty) euros for collection costs, without prejudice to additional compensation if the collection costs actually incurred are greater than this amount.
6. Term of the Agreement, termination
The Customer takes out a monthly or annual subscription, the duration and conditions of which are set out in the Commercial Proposal (the " Initial Period ").
At the end of the Initial Period, the subscription is tacitly renewed, unless terminated by FLYNT or by the Customer at the latest :
3 days before the end of the Initial Period if it is less than or equal to one month;
15 days before the end of the Initial Period if it lasts more than one month and less than or equal to 6 months;
1 month before the end of the Initial Period if it lasts more than 6 months;
If the subscription is renewed at the end of the Initial Period, it is renewed for successive periods of the same duration, with the same renewal conditions.
In any case, the termination of the subscription is done by email and takes effect at the end of the Subscription period during which the request is sent.
7. Customer's obligations and liability
7.1 The Customer undertakes to provide FLYNT with all documents, elements, data and information necessary to perform the Services. More generally, the Customer undertakes to actively cooperate with FLYNT and in particular with its dedicated staff for the proper performance of the Agreement.
7.2 The Customer is solely responsible for the documents, elements, data, information and any content that it provides to FLYNT in the context of the use of the Services. The Customer warrants to FLYNT that it is entitled to provide such items and that it has all the rights and authorizations necessary for their use in connection with the Services.
7.3 The Customer acknowledges having read the Application and its characteristics.
7.4 The Customer declares that it has received from FLYNT, prior to the signing of this Agreement, all advice, instructions and details necessary for it to enter into the Agreement in full knowledge of the facts, and that it has, prior to this Agreement, sufficiently exchanged with FLYNT to ensure that the Services correspond to its expectations, needs and constraints.
7.5 The Customer undertakes, in its use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order. The Customer is solely responsible for its use of the Services and for complying with the laws and regulations in force applicable to its activity.
7.6 The Customer acknowledges and accepts that it is solely responsible for any decisions to be taken in the context of its business, following the communication by FLYNT of its analyses and advice provided in the context of the performance of the Services.
FLYNT does not guarantee it any business volume following the performance of the Services.
7.7 The Customer shall indemnify FLYNT against all claims, complaints, actions and/or demands that it may suffer as a result of the Customer's breach of any of its obligations under the Agreement. It undertakes to pay FLYNT all costs, charges and/or judgments that it may have to bear as a result.
8. Obligations and liability
Without prejudice to the other obligations provided for in the Agreement, FLYNT undertakes to comply with the following obligations.
8.1 FLYNT undertakes to provide the Services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Customer expressly acknowledges and accepts.
8.2 FLYNT undertakes to provide the Customer with competent personnel and to provide the Customer with the necessary advice, warnings and information for the proper execution of the Agreement and the provision of the Services.
8.3 FLYNT undertakes to use the data, and more generally all the elements that may be transmitted to it within the framework of this Agreement, only for the purposes of executing the Agreement and not to disseminate them or share them with any third party whatsoever, unless expressly requested or agreed to by the Customer.
It guarantees to the Customer the perfect conservation of the data and elements for the duration of the Agreement and undertakes to destroy them or return them to the Customer, at the latter's request, at the end of the Agreement.
8.4 FLYNT certifies that it holds an insurance policy covering its professional liability. It undertakes to keep this insurance policy in force for the duration of the Agreement.
8.5 FLYNT undertakes to carry out regular checks to verify the operation and accessibility of the Application and its website (...). In this respect, FLYNT reserves the right to temporarily interrupt access to the Application for maintenance reasons.
Similarly, FLYNT shall not be held liable for any difficulties or temporary impossibility of access to its Application due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunication networks, as Customers are aware of the complexity of the global networks and the influx of Internet users at certain times.
8.6 FLYNT's intervention is limited to the sole provision of the Services. In this respect, the Customer acknowledges and accepts that the Services are provided to it personally, FLYNT not intervening in any way6 in the relationship between the Customer and its own customers.
The Customer undertakes to exclude FLYNT from all disputes or litigation between the said persons and to deal with them personally.
8.7 FLYNT does not warrant to the Customer that the Services, which are subject to constant research to improve their performance and progress, will be completely free of errors, defects or faults.
8.8 In any event, with the exception of personal injury or death and except in the event of gross negligence, FLYNT shall not be liable to the Customer for the payment of damages of any nature whatsoever, whether direct, material, commercial, financial or moral, due to the performance of the Agreement, in an amount exceeding the amounts invoiced by FLYNT during the 12(twelve) months prior to the occurrence of the alleged damage. FLYNT shall only be liable if the Customer has submitted a claim by registered letter with acknowledgement of receipt within one month of the said occurrence.
9. Penalties for non-compliance
In the event of a breach of any of the provisions of the Agreement, or more generally, a breach of laws and regulations by the Customer, FLYNT reserves the right to take any appropriate action and in particular to :
suspend, remove or prevent access to the Services and the Application of the Customer, author of the breach or infringement, or having participated in it;
remove any content related to the breach or violation in question, in whole or in part;
take all appropriate measures and initiate any legal action;
to warn the competent authorities, if necessary, to cooperate with them and to provide them with all the information useful for the research and the repression of illegal or illicit activities;
The Customer is hereby informed and accepts that any breach of its obligations may lead, in addition to the consequences set out above, to the immediate termination of the Agreement by FLYNT, by any written means.
10. Business references
The parties expressly and mutually authorize each other to use their respective names, trademarks and logos as well as the references of their websites, as commercial references, on any medium and in any form whatsoever, for the duration of the Agreement and beyond, for a period of 5 (five) years.
11. Privacy
Each party undertakes to keep strictly confidential the documents, elements, data and information of the other party of which it is the recipient.
With regard to FLYNT, the parties expressly agree that this obligation of confidentiality covers the personal data that FLYNT will be required to process on behalf of the Customer in the context of the Services. All such information is hereinafter referred to as " Confidential Information ".
With respect to the Customer, the Parties expressly agree that this obligation of confidentiality covers the cost of its Subscription, which it is prohibited from communicating to third parties, insofar as the rates are evaluated on a case-by-case basis, depending on the Customer's needs, the duration of its subscription, the number of establishments concerned, and that it may also have benefited from preferential rates.
The party receiving Confidential Information agrees not to disclose it without the prior consent of the other party, for a period of 5 (five) years from the end of the performance of the Services concerned. It may only pass them on to employees, collaborators, trainees or consultants if they are bound by the same obligation of confidentiality as that provided for herein. This obligation does not extend to documents, elements, data and information:
(i) of which the party receiving them already had knowledge;
(ii) which were already public at the time of their communication or which would become public without breach of the Contract;
(iii) which would have been received from a third party in a lawful manner;
(iv) the communication of which would be required by the legal authorities, in application of the laws and regulations or in order to establish the rights of a party under the Contract
12. Conducting studies and statistics
FLYNT may use the data to which it has access in the context of the Services for the purposes of conducting studies and statistics. FLYNT may share these studies and statistics with all of its customers, it being specified that it undertakes to share only aggregate or statistical data that does not identify a given entity.8For example, FLYNT may use data relating to the number of orders placed with restaurants in a given city to indicate: the number of orders placed on average this week in this city has dropped by 10%.
The Customer expressly authorizes this use without it being considered a violation of the "Confidentiality" article .
13. Personal data
FLYNT undertakes to comply with all legal and regulatory obligations incumbent on it in terms of personal data protection, in particular Law 78-17 of January 6, 1978 in its latest amended version known as the Data Protection Act and the EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016.
To learn more about the management of their personal data and their rights, Customers are invited to read FLYNT's privacy policy, which is accessible here.
14. Subcontracting
FLYNT reserves the right to use subcontractors for related Services necessary to fulfill its obligations under the Agreement, which the Customer expressly accepts on the sole condition that FLYNT informs the Customer in advance of the terms and conditions of such subcontracting. In this case, FLYNT undertakes to ensure that its subcontractors comply with the same contractual obligations as those to which it is subject under the Agreement.
15. Social regulations
FLYNT declares that it complies with the applicable tax and social security legislation, is up to date with the payment of social security contributions and is able to provide proof of compliance with the various obligations applicable in this regard, upon request by the Customer. FLYNT shall be obliged to provide the Customer, at the Customer's request and as often as necessary, until the end of the performance of the Agreement, with the following documents:
(i) an identification card proving registration in the trade register or an extract of the registration in the trade and company register dated less than 3 (three) months (extract K or KBIS), or equivalent for a foreign company;
(ii) a certificate of provision of social declarations from the social protection body responsible for collecting the social contributions incumbent on FLYNT.
16. Force majeure
Neither party shall be held responsible for any difficulties or temporary impossibility of performing the present contract due to force majeure. The parties agree to understand by force majeure the events usually recognized as such in Article 1218 of the Civil Code and the French courts, including in particular strikes, terrorist activities, riots, insurrections, wars, governmental actions, epidemics, natural disasters or failure attributable to a third party telecommunications provider.
In the event of a case of force majeure impeding the performance of its obligations by one party and continuing beyond a period of one month, these general conditions may be terminated by either party, by registered letter with acknowledgment of receipt, without either party having to pay the other any compensation.
17. Effect of Termination of the Agreement
Upon termination of the Agreement, for whatever reason, the Customer shall immediately cease all use of the Application and hand over to FLYNT all programs and documents relating thereto.
With the exception of anonymized data which is the property of FLYNT, FLYNT undertakes, in the event of termination of the Agreement, whatever the cause, to proceed with the destruction of the data and information collected within the framework of the Agreement and not to keep any copies. It is understood between the parties that the anonymized data is the property of FLYNT and is not affected by these provisions.
18. Amendments
FLYNT reserves the right to modify these terms and conditions at any time.
The Customer shall be informed of these modifications by any useful written means, including by email at least 1 (one) month before they come into force.
Once they come into force, the modified terms and conditions shall apply from the date of renewal of the Subscription.
If the Customer does not accept the new terms and conditions, it must terminate the Agreement in accordance with the terms and conditions set out in the article " Duration of the Agreement, termination ".
19. Applicable law and jurisdiction
The Agreement is subject to French law and shall be governed by and construed in accordance with that law.
Any dispute that may arise in connection with its validity, interpretation or performance shall be subject to the exclusive jurisdiction of the Commercial Court of Paris (France), unless otherwise required by mandatory procedural rules.
