Terms & Conditions

Last updated: 28 september, 2023

CONDITIONS OF USE

Please read carefully the following terms of use (the "Terms of Use") which outline your rights to access and use the Favikon website at https://www.favikon.com (the "Website") , the Favikon software (favikon.com/app) facilitating the searching for influencers, as well as all other services provided by Favikon.

Please note that these Terms of Use form an agreement between Moojito SAS (" Favikon "," we "," us ") and you. The term" you" refers to the person or entity browsing or using the software, or communicating with individuals or companies registered with Favikon (each, a "Company") with the aim of looking for influencers in order to create online promotional media content for your products or services.

By using the software, you agree to be bound by and to respect these conditions. If you do not agree and do not agree to be bound by these terms of use, please do not access or use the software. If you access or use the software on behalf of another person or corporation, you represent and warrant that you are authorized to bind that person or entity to these terms of use.

The software is provided only ("authorized use") to help you gather information about influencers all over the world, and help you manage your connections.

Conditions to use Favikon

In order to use the Favikon software, you must meet the following conditions:

(a) you have reached the age of majority in your country of residence;

(b) you have the legal power to create a binding legal obligation;

(d) all information provided by you on the software is true, accurate, current and complete.

Favikon reserves the right, in its sole discretion, to deny anyone access to the software or services it offers, at any time and for any reason, including but not limited to violation of these terms of use, in which case you must stop using Favikon.

Except where prohibited by applicable law, Moojito SAS reserves the right to change these terms of use at any time without notice. Your continued access to or use of the software after any change to these terms of use indicates your acceptance of these changes. It is your responsibility to consult these terms of use regularly.

Moojito SAS reserves the right to modify any information, material or content (including, but not limited to, features or any information related to the influencers) contained in or provided by the software (the "Content") at any time and from time to time, without notice.

2. License Grants

Favikon grants you a non-exclusive, non-transferable license for the Term to use the software for the specific purpose specified in this Agreement, subject to the terms and conditions set out in this Agreement.

You grant Favikon a perpetual, transferable, irrevocable, royalty-free, fully-licensed, worldwide and fully licensed license to access, collect, store and use the data, information, records and files that you charge, transmit to or enter the software, or we collect from your local computer or from third parties with your permission, and (in each case) including all the results of the processing of such data, including compilations and derivative works thereof.

This is only in order to: (A) provide software services, (B) comply with applicable law, and (C) Favikon's reasonable data verification and retention policies.

3. Your user account

A/ Use of software

Once You have created an access account, You will have access to a profile or control panel where you can edit the data of their account, as well as your password and other personal information. The free version grants only limited access to the features of the software.

B/ Billing

Favikon is a subscription-based service. Your subscription to your Plan starts when we receive your first payment. Once this is done, your subscription is automatically renewed, provided you do not decide to terminate it and close your account.

All subscription prices can be found on the Favikon website.

Prices are quoted in US dollars and exclude VAT and/or any other applicable sales taxes, which are also payable if applicable. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable, plus all related taxes. All payment obligations are non-cancellable and all Annual subscriptions paid are non-refundable.

Favikon reserves the right to modify the fees and charges for using the its Services and to introduce new charges for it upon 15 days prior notice. Such notice may be provided at any time by posting the changes to the Favikon website or by email to the account holder.

If any charges are not received from you by the due date, then at Favikon’s discretion, such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid.

You agree to provide complete and accurate billing and contact information including details of a valid credit card. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Favikon reserves the right to terminate your access to the Services in addition to any other legal remedies.

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C/ Cancellation of withdrawal period

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By accepting these Terms of Use, the user acknowledges and expressly agrees that, in accordance with applicable consumer protection legislation, he irrevocably waives his right of withdrawal in accordance with the legal provisions on withdrawal from contracts concluded at a distance and off-premises.

The user acknowledges that use of the Favikon software, including access to its features and services, commences immediately upon acceptance of these Terms of Use and may involve actions such as consulting data, downloading content or interacting with third parties registered with Favikon. Therefore, by accepting these Terms of Use, the user waives his/her right of withdrawal in accordance with applicable law.

This waiver is necessary due to the immediate and interactive nature of the services offered by Favikon. If the user does not accept this waiver, he/she is requested not to use the Favikon software and to terminate his/her access immediately.

Favikon reserves the right to modify this cancellation clause at any time, and such modifications shall be deemed accepted by the user upon continued use of the software following their publication.

If you have any questions or uncertainties concerning this cancellation clause, please contact our customer service department at admin@favikon.com.

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D/ Term and Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at admin@favikon.com Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

4. Ownership

All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the software, are owned or licensed by Favikon and are protected by copyright, trade-mark and other intellectual property laws.

Favikon expressly reserves all rights in the software and all materials provided by Favikon in connection with these Terms of Use that are not specifically granted to you. You acknowledge that all right, title and interest in the software, all materials provided by Favikon in connection with these Terms of Use (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Favikon (or third party suppliers, if applicable), and that the software and all materials provided by Favikon hereunder are licensed and not “sold” to you.

5. Favikon’s Privacy Policy

Please visit https://favikon.com/privacy to review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing your personal information, and which is hereby incorporated into and forms a part of these Terms of Use.

6. No Unlawful or Prohibited Use

You shall not, without Favikon's prior written permission, use the software and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you shall not, and shall not permit anyone else to:

(a) “frame”, “mirror” or otherwise incorporate the software or the Content or any part thereof on any commercial or non-commercial website;

(b) access, monitor or copy any part of the software or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(c) violate the restrictions in any robot exclusion headers on the Content or the software or bypass or circumvent other measures employed to prevent or limit access to the software;

(d) take any action that imposes, or may impose, in Favikon’s discretion, an unreasonable or disproportionately large load on the software;

(e) deep-link to any portion of the software for any purpose;

(f) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the software or the Content;

(g) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the software, including any modification for the purpose of disguising or changing any indications of the ownership or source of the software

(h) use the software or Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution;

(i) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the software;

(j) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the software or the Content;

(k) create derivative works based on the software or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the software or the Content;

(l) use of access the software in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; or

(m) upload to or transmit through the software any information, images, text, data, media or other content that is offensive, pornographic, hateful, obscene, defamatory or violates any laws or regulations (including but not limited to criminal laws and FTC regulations), in each case as determined by Favikon in its sole discretion,

(n) post, upload, publish, submit or transmit any Content that:

(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

(iii) is fraudulent, false, misleading or deceptive;

(iv) is defamatory, obscene, pornographic, vulgar or offensive;

(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

(vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or

(vii) promotes illegal or harmful activities or substances.

You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the software. You acknowledge that Favikon may exercize its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.

7. Transparency obligations between influencers and Companies

Favikon is in no way responsible for the authenticity of the influencers on the platform. Favikon does not endorse the information contained on their profiles or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose.

As a sole facilitator through our research tool, Favikon is in no way responsible for the jobs carried out afterwards. Any correspondence or business dealings with influencers through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such influencer. In addition, you herein agree that Favikon shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such information on our website.

8. Third Party Websites

The software may provide links to third party websites. Favikon does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Favikon's control, and if you choose to access any such web site, you do so entirely at your own risk.

9. Viruses

We will not be responsable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

10. Communications Not Confidential

You understand, agree and acknowledge that Favikon cannot and does not guarantee the security of data transmitted over the Internet or public softwares in connection with your use of the software.

11. Security of the data

We comply with the General Data Protection Regulation EU 2016/679 (GDPR).

Important information for data controllers: you acknowledge that when processing personal data of individuals, you may become a data controller and you must comply with GDPR.

If you are an individual and process personal data in the course of a purely personal or “household” activity, you may be exempt from the application of GDPR. If you are unsure whether this exemption applies, please, obtain legal advice.

If you are a legal person, you may become a data controller for the purposes of GDPR when you process personal data about natural persons. This is the case whether you obtain personal data through Us or through any other third party (for instance, if you manually compile your own database from Instagram). If GDPR applies to you, you hereby confirm that you and Us (the “Parties”): 1) each independently determines the purposes and means of the processing of personal data and acts as an independent controller; 2) the Parties do not jointly determine the purposes and means of the processing and do not act as joint controllers; 3) neither of the Parties processes personal data on behalf of the other Party and does not act as a processor; 4) each of the Parties shall independently take all necessary measures to comply with applicable data protection laws.

12. LIMITS OF LIABILITY AND DISCLAIMER

THE SOFTWARE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SOFTWARE OR THE CONTENT IS AT YOUR OWN RISK. FAVIKON DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SOFTWARE OR THE CONTENT. THE SOFTWARE AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. FAVIKON DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SOFTWARE OR THE CONTENT. IN ADDITION, FAVIKON EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SOFTWARE.

INFLUENCERS PROFILES DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND FAVIKON DOES NOT GUARANTEE THE ACCURACY OF THE PROFILES. FAVIKON MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF INFLUENCERS FOR ANY KIND OF MISSIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, FAVIKON DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SOFTWARE AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SOFTWARE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL Favikon BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT FAVIKON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SOFTWARE OR THE CONTENT OR ANY COLLABORATION WITH INFLUENCERS.

BUSINESSES ENGAGING YOUR SERVICES THROUGH THE SOFTWARE ARE INDEPENDENT ORGANIZATIONS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF FAVIKON. FAVIKON IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY BUSINESSES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER RELATED TO ANY COLLABORATION WITH INFLUENCERS FOUND ON THE SOFTWARE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF FAVIKON IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR INABILITY TO MAKE USE OF, THE SOFTWARE OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO A JOB AGREEMENT, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SOFTWARE OR THE CONTENT EXCEED TWO HUNDRED DOLLARS ($S00) OR THE EQUIVALENT IN LOCAL CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitations above reflect the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

Limitations Period . YOU AND FAVIKON AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE FAVIKON WEBSITE, THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

13. Indemnity

You shall defend, indemnify and hold harmless Favikon (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of our services; (b) any member content or submissions you provide; (c) your violation of these terms; (d) your violation of any rights of another; or (e) your conduct in connection with the services. Further, if you are using the services on behalf of any entity, you represent and warrant that such entity agrees to indemnify you and Favikon for violations of these terms in accordance with this section. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

14. Governing Law

This contract shall be governed by French law. All disputes arising out of or in connection with the present terms shall be finally settled under the exclusive jurisdiction of the courts relying in the district of the Court of Appeal of Paris.

Favikon makes no claim that the software is appropriate or may be used outside France. If you visit the software outside France, this is done at your own risk and you are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction.

15. Entire Agreement, Waiver and Severability

These Terms of Use constitute the entire agreement between Favikon and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Favikon with respect to the software. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Favikon's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provisions or right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Favikon. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

If any of the provisions contained in these Terms of Use conflict with the terms of another agreement between the parties (such as the terms of a job Agreement in respect of a job), then these Terms of Use shall prevail; provided that, if you are also a Company registered on the software, the terms of use applicable to companies will govern your relationship with Favikon in that respect.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.

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