This translation is a rough translation; to consult the original texts of laws please refer to the French version. The website available at « www.cocoscan.io » (hereinafter referred to as « the Website ») is offered by the VSI innovation company (hereinafter referred to as « the Company »). The Website allows any natural or legal person (hereinafter referred to as « the Customer ») to launch a SEO ranking analysis, competitive analysis and a full website SEO scan. Any use of the Site involves the full and whole acceptance by the Customer of the present general terms of service. The Company reserves the right to modify at any present time the terms of service. Provisions of the present Term of use prevail over any other general or particular conditions of the Customer which, since they would be opposite to the present, would be considered unwritten, except prior written agreement from the Company.
ARTICLE 1 DEFINITIONS Customer: designates the natural or legal person subscribing to the Company. User: designates the natural person using the Website with authorized access which is granted by the Customer. Site: designates the Website www.cocoscan.io published by the Company.
ARTICLE 2 OBJECT The present terms of service aim at specifying terms and conditions of Website. The User commits in providing exact information and to update it regularly. He/she refuses to have several accounts.
ARTICLE 3 SITE'S FEATURES Any use of the Website is subjected to the express and complete acceptation by the Customer and the Users that it authorizes, of the present contract. The Customer vouches for the respect of the mentioned contract by the Users. The Website's features may evolve, in the sole discretion of the Company.
ARTICLE 4 PRICING Cocoscan works with page discounts according to quantity: - Between 20 and 100 pages bought, price per page: $0.002 ; 0.002€ - Between 100 and 500 pages bought, price per page: $0.001 ; 0.001€ - Between 500 and 3000 pages bought, price per page: $0.0005 ; 0.0005€ - Above 3000 pages bought, price per page: $0.0003 ; 0.0003€ It is possible to automatically renew the number of pages when there is less than 10% of pages bought from the previous order. For this you just need to tick the box 'Auto-reload' when the client orders, or tick this box in Account > Billing. Pages have no time limit, the Customer can use them when he/she wants and as he/she wishes. All Subscriptions are payable in advance. The Customer can buy new pages when he/she wants in the pricing. The accepted means of payment are the following : Visa, MasterCard, American Express, Diners Club, JCB, and Discover. Once the Subscription is validated by the Company, a confirmation email will be sent to the Customer. In any case once payment deadlines have been expressly accepted by the Company for the benefit of the Customer, the expiry of the fixed period gives a formal notice to the Customer, without any need of relaunching, to pay the due sums. Payment default in the due dates entails: the suspension of the current Subscription and the immediate payment of the remaining sums; the application of late-payment interests of 1,5 % a month; the right for the Company to require the payment before the Subscription of any new Subscription. furthermore, pursuant the law 2012-387 of March 22nd, 2012, the Customer in a late payment situation is by his/her own rights debtor for the Company of a flat-rate allowance for recovery costs of 40€.
ARTICLE 5 REFUNDS Cocoscan has a 48-hour refund policy. A User can ask for a refund within 48 hours after his/her order or after the renewal of his/her pages. After this deadline, no refunds will be provided even if a Customer doesn’t want his/her remaining pages anymore.
ARTICLE 6 INTELLECTUAL PROPERTY The Website is the exclusive property of the Company. The Company is the holder of all the intellectual property rights relative to the website, in particular all the graphic, sound, textual, software elements, including underlying technology, or any other kind, composing the website. The Customer makes thus a commitment to not infringe the intellectual property rights of the Company and refrains, as such, from reproducing, representing, translating, modifying or spreading, even partially, any element protected by an intellectual property right, except if he/she has the expressed authorization. The implementation of hyperlinks pointing to the website is subjected to the express and preliminary agreement of the Company. The Customer refrains from any exploitation, of any kind, of contents and information from the website. A Customer is prohibited from using the website for commercial purposes without expressed and the preliminary permission of the Company.
Article 7 PERSONAL DATA The Company informs the User or the Customer that his/her data are registered and are subjected to declarations to the CNIL (french national commission for information technology and civil liberties) under the number XXXX (in progress), in accordance with the Computer Science and Liberties Laws of January 6th, 1978. The data thus collected are handled by the Company to allow the Customer to access the website's features and to respect its legal and statutory obligations regarding identification of the contributors of the Forum. The User or the Customer has, in accordance with the Computer Science and Liberties Laws of January 6th, 1978, a right of access, modification, rectification, deletion of all the data with any nominative information. This right can be exercised by an e-mail or letter sent to the Company to the addresses in the website privacy policies, by proving his/her identity. Except expressed authorization of the User or the Customer, his/her data are not communicated by the Company to third parties and are not used for commercial prospection purposes, out of the limits allowed by the Law. The Company takes all the adequate measures to ensure the security and the confidentiality of personal data treated.
Article 8 LIABILITIES The Company only have, regarding the commitments appearing in the present, an obligation of means. The Customer is warned of the technical hazards related to the Internet and the access interruptions. Accordingly, the Company will not be responsible for possible unavailabilities or slowdowns of the Website. The Company is unable to guarantee the continuity of the Website, remotely executed via the Internet, what the Customer recognizes. The Parties expressly agree that the Company cannot also be held responsible for interruptions of the Site or for damage related to: A case of superior force or a decision of the authorities ; events of superior forces include, without however limiting them, natural disasters, uprisings or civil disorders, terrorist acts, war or military operations, national or local emergencies, acts or omissions of a government, blockades, embargos, limitations, penalties or civil orders, from the civil protection or military authorities disaster and emergency services or military authorities, action or governmental decree, act of a public enemy, riot or civil conflict, general shortage of transport, goods or energy, or similar circumstances, breakdown of the telecommunication networks, labor disputes of any nature whatsoever, fire, earthquake or floods, strikes or other industrial disputes, explosion, pandemic; to an interruption of the electricity supply or the transmissions lines due to the public or private operators; to an abnormal or fraudulent use by the User or the thirds requiring the stop of the Site; to an intrusion or in a fraudulent preservation of a third in the system, or in an illicit extraction of data, in spite of the implementation of the security resources complying to the current data of the technique, the Company supporting only an obligation of means with regard to techniques known for securing; to a loss or a delay in the routing of the information and the data, when the Company is not at the origin of this delay; to the functioning of the Internet network or the phone networks or Internet access not operated by the Company; to a failure of the hosting servers. The Company could not be held responsible for indirect damages or losses, profit or planned economy losses , for income losses neither not directly and exclusively resulting from a failure of the Website, nor a third-party claims. The role of the Company is limited, based on messages posted by the Users and Customers on the Website Forum, to that of the host according to the article 6 of the Trust french Law in the Digital Economy (LCEN) of June 21st, 2004. As such, it has no surveillance obligation on messages posted on the Forum. It only has the obligation to withdraw an obviously illicit posted message which will have been notified according to the modalities planned by the LCEN. The Company offers a procedure to indicate an illicit message, via the following procedure: email at [email protected] The Customer is responsible for damage of all kinds, material or immaterial, direct or indirect caused to any third party, including to the Company, as a result of the use or the illicit exploitation of the Site, whatever the cause and the place of occurence of this damage are. The Customer guarantees the Company of the consequences, the complaints or the actions of which the Company could therefore, be subjected to. The Customer gives up exercising any recourse against the Company within the framework of pursuits carried out by a third party against it because of the use or the illicit exploitation of the Website.
ARTICLE 9 COMPANY OBLIGATIONS 9.1 – AVAILABILITY The Company makes a commitment to take the fair measures to guarantee that the Website is accessible via the Internet 365 days a year, 24/7, except for cases of external forces, technical and/or computing and/or of telecommunication and/or of periods of maintenance difficulties. The Company cannot be held responsible for any unavailability of the Website relating to the Internet connection of the User or to its equipments or to maintenance operations necessary for the smooth running of the Site. The Company reserves the right to immediately interrupt and without advance notice the access to the Website: 1° To proceed to a technical intervention or for any operation of maintenance. As far as possible, the Company will inform beforehand the Customer. 2 ° If the Company receives a notice by a competent, administrative, arbitration, judicial authority, according to the applicable laws or by a third party, in particular according to the trust french law in the Digital Economy of June 21st, 2004. 3 ° In case of use of the Website in contrary to the presents. 9.2 – CONFIDENTIALITY AND SECURITY OF ACCESS In a general way, the Company makes a commitment to implement any technical means, in compliance with the technique condition, to maintain the integrity, security, confidentiality of the access to the Website. 9.3 – FEATURES EVOLUTION The Company reserves the right to proceed to modifications in the presentation, the functioning or features of the Website, at any time without preliminary notification. 9.4 – THE HOSTING The Company ensures the hosting of the Website in conditions of access and premises safety corresponding to the acknowledged rules. 9.5 – MAINTENANCE The Company ensures the progressive and corrective maintenance of the Website for its sustainability and its availability as part of an obligation of means. The Customer automatically benefits from any updates developed by the Company regarding the corresponding version on the website version he/she uses.
ARTICLE 10 USER OBLIGATIONS 10.1 – WEBSITE COMPATIBILITY CHECKING The Customer ensures to acquaint, beforehand the approval of the present, technical characteristics and safety devices of the Website. The Customer takes over all equipment (material and software) necessary for the use of the Website via the internet network or the Users who he/she authorizes. He has to regularly update his/her equipment and his/her internet connection.10.2 – ACCESS CODES Access codes chosen by the Customer when registering on the Website are personal and confidential. 10.3 – SUPPLIED INFORMATION The Customer guarantees that all the information supplied during his/her registration are correct and he/she makes a commitment to regularly update them. 10.4 – USE OF THE SITE The Customer makes a commitment to use the Website only for purposes of the present Contract, and in the strictest respect for technical and security standards. The Customer is responsible for the use of the Website. Accordingly, any treatment, transmission, distribution or representation of information or data via the website by the User, are carried out under his/her only and full responsibility and in the strict respect for the legal and statutory requirements relating to online services. Similarly, the Customer makes a commitment to transmit through the Website no contents including computer viruses or any other code, file or program designed to interrupt, destroy or limit the functioning of any software, computer or tool of telecommunication, without being restrictive. The Customer makes, therefore, a commitment to immediately warn the company at the addresses mentioned in the legal notices about any anomaly regarding the use of the Website. The Company cannot guarantee the accuracy and the comprehensiveness of the analysis made through the Website, nor the durability of its smooth running or its total IT security. Furthermore, the analyses supplied by the Company through the Website have informative purposes. They are automatic analyses which are not intended to replace a human analysis of the website targeted by the Customer. The Company provides, furthermore, no performance guarantee regarding improvement impacts which could be made by the Customer following the analysis supplied by the natural referencing of the site targeted by the analysis. The use by the Customer of the supplied analysis is under its exclusive responsibility.
ARTICLE 11 WAIVER AND TOLERANCE The parties formally agree that any tolerance or waiver of one of the parts in the application of all or part of the commitments planned in the present agreement, whatever the frequency is and the duration, could not be considered as modification of the present agreement, nor generate any right.
ARTICLE 12 PROOF The computerized records kept in computer systems of the Company in reasonable safety conditions will be considered as communications, orders and payments proofs between parties.
ARTICLE 13 NULLITY If any of the contract conditions should be recognized to be nil according to a legal rule or to a current law, it would be considered as unwritten and would not entail the nullity of the contract.
ARTICLE 14 CONFIDENTIALITY Each Party makes a commitment to consider as confidential, and not to reproduce or to reveal, otherwise for the sole purposes of the Contract execution, information handed by the other party for the implementation and during the Contract execution and otherwise, because of their technical, commercial or financial contents should be considered as confidential as containing elements undisclosed publicly and/or purely personal to the concerned partie. This confidentiality obligation does not apply to the information for which the Company can prove they were known by its services in a different way that within the present Contract or who are in the public domain. This duty of confidentiality will not apply either when a Part will be forced to supply information in accordance with legal measures, orders emanating from a public body or judicial decisions. The obligations of the Parties regarding confidential information will be in force throughout the duration of the Contract, and as long as, following its termination, the concerned information will remain confidential for the Party disclosing and, in any event, in a -year period of following the Contract termination.
ARTICLE 15 TITLES In case of difficulty of interpretation in any title representing in heads of clauses and any clauses, titles will be declared nonexistent.
ARTICLE 16 FORCE MAJEURE The Company will not be held, in any way, responsible in case of failure or of delay in the execution of its obligations regarding the present terms and conditions, resulting from independent of its will causes for the inclusion and without no limitation of technical breakdowns, external forces, acts of civil authorities or servicemen, fires, floods, earthquakes, riots, wars, acts of sabotage, failures of networks, coding errors of electronic files, limits of software or incapacity to obtain services of telecommunication or governmental measures, however, the concerned parties take any reasonable measures to limit the resulting effects of the above situations.
ARTICLE 17 COMPLETENESS The present terms and conditions express the completeness obligations of the Parties. No indication, no document, can generate obligations in conformance with the presents, if they are not subjected to an amendment signed by both Parties. No previous correspondence to the signature of the present contract can generate obligations in conformance with the mentioned contract.
ARTICLE 18 GOVERNING LAW AND JURISDICTION The present contract is subjected to French law. If a dispute arises between the parties because of the execution or the interpretation of the present agreement, the Parties make a commitment to submit themselves to the below defined amicable procedure, beforehand any referral procedure of the competent Court. To find a solution in common to any dispute which would arise in the present contract execution, the parties agree to meet each other in the fifteen days from a registered letter being sent with a return receipt notified requested by one of the Party. At the end of the thirty-day deadline, if the Parties did not agree on a compromise or a solution, the dispute would then be submitted to the jurisdiction of the County court of Lille (Tribunal de grande instance de Lille). This choice of jurisdiction also applies in urgency matters.
Cocoscan («Company », « Website », « Cocoscan »,or « We ») respects your privacy and is committed to protecting it through our compliance with this policy.
We collect this information: - Directly from you when you provide it to us. - Automatically as you navigate through the Website. Information collected automatically may include usage details, email address, IP addresses and information collected through cookies and other tracking technologies.
Information You Provide to Us The information we collect on or through our Website may include: - Information that you provide by filling in forms on our Website. This includes without limitation information provided at the time of subscribing to the Services, and when you report a problem with our Website. - Records and copies of your correspondence (including e-mail addresses), if you contact us. - Your responses to surveys that we might ask you to complete for research purposes. - Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
How We Use Your Information We use information that we collect about you or that you provide to us, including any personal information: - To present our Website and its content to you. - To provide you with information, products or services that you request from us. - To fulfill any other purpose for which you provide it. - To provide you with notices about your subscriptions to the Service. - To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. - To notify you about changes to our Website or any products or services we offer. - To allow you to participate in interactive features on our Website. - In any other way we may describe when you provide the information. - For any other purpose with your consent.
We never sell your personal information or provide it to others for marketing purposes. We may disclose your personal information: - To comply with any court order, law or legal process, including to respond to any government or regulatory request. - To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Cocoscan, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Accessing and Correcting Your Information You may send us an e-mail at hello(at)cocolyze(dot)com to request access to, correct or delete any personal information that you have provided to us. Requests are treated within a maximum of one (1) month after receiving your complete request. In some cases, we cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Data Security We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Responsibility The publisher makes his best to ensure the accessibility of the Website 24 hours a day and 7 days a week. However he will not in any way be held responsible for the unavailability of the Website for whatever reason.
Website Publisher VSI INNOVATION SAS with capital of 30.000€ (EUR) Whose head office is in ANZIN, FRANCE (59300), 80, avenue Roland Moreno E-mail : contact (at) vsi-innovation (dot) com Intra-Community VAT : FR74 812 263 697 SIREN : 812 263 697 The publishing manager is M. Tennessee VELDEMAN The website hosting is ensured by VSI INNOVATION SAS with capital of 30.000€ (EUR) Whose head office is in ANZIN, FRANCE (59300), 80, avenue Roland Moreno Registered in the RCS of Valenciennes: n°812 263 697 Photos credits : VSI INNOVATION