Last updated on February 4th, 2024

1. PURPOSE

BENJAMIN DOUABLIN, a Simplified Joint Stock Company (SAS) with a capital of €1, located at 33 RUE DE LA CLAUGE, 39100 DOLE, and registered in the Paris Trade and Companies Register under number 904 088 515 ("FullEnrich"), specializes in the development, publishing, and provision of software solutions.

Notably, FullEnrich has engineered a professional contact enrichment service (hereafter referred to as “the Solution”).

The Solution is available to users who register an account on FullEnrich’s website, https://fullenrich.com and https://app.fullenrich.com (hereinafter the “Site”), and enter into a subscription agreement with FullEnrich to avail themselves of the Services provided. The Terms and Conditions of Use and Service (hereafter "TCUS") aim to delineate:

• The contractual relationship between FullEnrich and any individual or legal entity that registers an account and, where applicable, subscribes to FullEnrich to utilize the Solution;

• The provision of a license to use the Solution, enabling the User to access the Services according to the agreed Subscription.

THE ACT OF REGISTERING AN ACCOUNT, SUBSCRIBING THROUGH THE SITE WITH FULLENRICH, AND UTILIZING THE SOLUTION FOR ANY PURPOSE CONSTITUTES THE USER'S FULL AND UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE AND SERVICE (TCUS).

2. DEFINITIONS

The terms mentioned below have the following meanings in these TCUS :

« Account »: refers to the interface hosted on the Site in which all of the Data provided by the User is grouped and allowing it to access the Services, depending on the subscription taken out.

« Content »: refers to all information, texts, logos, trademarks, animations, drawings and models, photographs, software solutions, databases, data and generally all elements and contents of FullEnrich published on the Site or component of the Solution.

« Credit »: refers to the fictitious currency unit created by FullEnrich and allowing the User to benefit from the Services offered. Credits are not refundable or exchangeable. Credits are one of the functionalities of the Subscription. They have no financial or monetary value and cannot be considered and/or qualified as electronic money.

« Data » : refers to all types of information and/or data to which the Parties have access within the framework of their contractual relationship, regardless of the format or medium, whether it is Personal Data (defined below) or not (e.g. financial data, operators, partners, strategic, technical, professional, administrative, commercial, legal, accounting, etc.).

« Extension »: refers to the Internet browser extension module developed by FullEnrich. The Extension is an integral part of the Solution.

« Login details »: means the e-mail address and password chosen by the User in order to access its Account.

« Parties »: means, collectively, FullEnrich, User and Subscriber and, individually, undifferentiated, FullEnrich or the User.

« Personal data »: means any Data that directly or indirectly identifies a natural person.

« Service »: refers to the functionalities accessible to Users through the Solution and in particular the Solution

« Site »: means the site published by FullEnrich, accessible at the following address https://www.fullenrich.com

« Solution »: refers to the software solution, including the Extension, allowing access to the enrichment service of professional contacts. The Solution is marketed in SaaS mode under the « FullEnrich » brand.

« Subscriber »: refers to the natural person operating as a sole proprietorship or the legal entity that is a FullEnrich customer, on behalf of whom the User has subscribed to a Subscription on the Site with FullEnrich. This person guarantees to act solely for professional purposes, i.e. for purposes that fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.

« Subscription »:  means the free (hereinafter FREEMIUM Subscription) or paid (hereinafter PREMIUM Subscription) subscription and/or account subscribed by the User to FullEnrich through the Site, giving access to the Services and enabling him to obtain Credits. The Subscriptions offered by FullEnrich as well as the Services, features, benefits and fees associated with each Subscription are described in the Subscription description sheet accessible from the Site at the address https://fullenrich.com/pricing

« Terms and Conditions of Use and Service » or « TCUS »: refers to these Terms and Conditions of Use and Services intended to govern the relations between FullEnrich and the User or Subscriber, whether a Freemium or Premium Subscriber.

« Updates »: refers to all updates or modifications to maintain, adapt or evolve the functionality of the Solution, including Security Updates, whether or not such Updates are necessary to maintain the compliance of the Solution.

« User »: refers to any natural person who uses the Solution:  ◦ Acting for professional purposes, aged at least 18 years and having the legal capacity to create an Account ; or ◦ Having the power to bind the legal entity on whose behalf its uses the Solution and subscribes to a Subscription.

« Workspace »: means the Workspace that:

• Subscriber must create to use the credits obtained through his Freemium or Premium Subscription.

• Subscriber can join if it is invited by other Users ;

«Workspace Administrator » : refers to the User who initiated the creation of a Workspace and/ or is in charge of managing a Workspace.

3. ACCEPTANCE OF TERMS AND CONDITIONS OF USE AND SERVICE

Use of the Solution and access to the Services imply acceptance of these TCUS.

These TCUS are referenced by means of a hyperlink and can be consulted at any time at the following address https://fullenrich.com/tos

The Internet user who wishes to create an Account and subscribe for a Subscription on behalf of a Subscriber undertakes to read these TCUS carefully and to expressly accept them before registering.

By creating an account and subscribing to a Subscription on behalf of a Subscriber, the User acknowledges having read, understood, and accepted the TCUS without limitation or condition.

The User is invited to download these TCUS and Conditions to print and retain a copy.

The applicable TCUS are those in force at the time of navigation on the Site.

4. CONTRACT DOCUMENTS

These TCUS are composed of the following contractual documents:

• This document;

• The descriptive sheets of the various Subscriptions/Services and the associated documentation.

It is understood that these contractual documents are mutually explanatory. However, in the event of any contradiction or discrepancy between the terms of these contractual documents, they shall prevail in the reverse order in which they are listed above, with the lower-ranking document prevalent over the higher-ranking document.

5. TECHNICAL SPECIFICATIONS

The User and the Subscriber acknowledge having the knowledge, resources and skills necessary to use the Solution at the time of creating the Account and subscribing to the Subscription.  In addition, the User and the Subscriber undertake to have previously verified the adequacy of the Solution and the Services offered to their needs.

In particular, they declare that they have received from FullEnrich all the information and advice necessary for the subscription of these TCUS and waive any dispute on this point.

The equipment enabling access to and use of the Solution shall be at the User’s expense, as well as any telecommunications costs resulting from its use.

The User acknowledges that the Solution, and in particular the Extension, is only compatible with the Google Chrome web browser. As such, it acknowledges that it can access this browser and, in general, have the necessary technical means to use the Solution.

6. ACCOUNT

To be able to use the Solution and access the Services, the User must first create an Account on the Site before subscribing under the conditions set out in Article 7 of the TCUS.  

6.1. Account Creation

To opening his Account, the User must:

• Accept these TCUS ;

• Enter a business e-mail address ;

• By clicking on the box « I accept the general conditions of use and service of FullEnrich» expressly acknowledges having read these TCUS and the various documents to which they refer and accepts them without reserve.

The information provided by the User to FullEnrich at the time of registration must be complete, accurate, up-to-date, truthful and not misleading. FullEnrich reserves the right to ask the User to confirm its identity, eligibility and the information provided by any appropriate means.

FullEnrich reserves the right to suspend the Account in accordance with the terms and conditions set out in article 6.4 of these GCSU if there is any doubt as to the truthfulness of the information provided by the User.

The User agrees to create only one Account on the Site.

6.2. ID Management

The email address and password constitute the User’s Identifiers.

The User may log into its Account to change the password. The User is advised to change its password regularly.

The purpose of the Identifiers is to enable the User to secure its account, to protect the integrity and availability of the Solution, as well as the integrity and confidentiality of Data from business contacts.

Identifiers are personal and confidential. The User undertakes to make every effort to keep them secret and not to disclose them in any form whatsoever to ensure that no other unauthorised person has access to the Solution.

The User is fully responsible for the use of the Identifiers or actions made through its Account.

Any access and action carried out from a User’s Account will be presumed to be carried out by that User, insofar as FullEnrich is not obliged and does not have the technical means to ensure the identity of the persons having access to the Account. Under no circumstances can FullEnrich be held liable in the event of impersonation of a User.

Any loss, misappropriation, or unauthorised use of a User’s Identifiers and their consequences are the sole liability of the User, the latter being obliged to notify FullEnrich, without delay, by e-mail addressed to the following address : support@fullenrich.com.

If a User discloses or uses its Identifiers in a manner contrary to their destination, FullEnrich may then terminate these TCUS and remove access to the Account without notice or compensation.

6.3. Deletion of the Account at the User's initiative

The User may delete his Account at any time by sending a request to the following address : support@fullenrich.com.

After sending the deletion request, the User will receive a notification informing its of the consequences of the deletion and a written confirmation will be requested to validate the procedure.

As soon as the User validates the procedure, FullEnrich will proceed with the immediate deletion of the Account and will send the User an email confirming the closure.

The deletion of the Account will result in the inaccessibility of the Account and the impossibility for the User to create a new one with the same professional email address.

The User who deletes his Account acknowledges that this deletion is irrevocable and that it also entails the consequences listed below.

Before deleting an Account, the Freemium and Premium Subscribers acknowledge that they have taken knowledge of the related consequences and accept them:

• On the Workspace and Data If the User is not a Workspace Administrator, it will be withdrawn from the Workspace. All the Data related to his profile accessible to other Users will be lost.  If the User is the only Workspace Administrator, the Workspace, as well as all the elements, contents, professional contacts and Data in it will be definitively deleted and the other Users will not have access to it anymore.

• Consequences on Credits  When a FREEMIUM Subscriber deletes a Workspace, in his/her capacity as Administrator, the Credits attached to the FREEMIUM Subscription will be kept. When a PREMIUM Subscriber deletes a Workspace, in its capacity as only Workspace Administrator, the Credits attached to the PREMIUM Subscription will be permanently lost, which the PREMIUM Subscriber acknowledges and accepts.

• Consequences for the Subscription  In case of deletion of the Account, the User acknowledges that he/she will no longer be able to enjoy his/her Subscription.

• In the case of a PREMIUM Subscription, the deletion of the Account by the user shall be considered as an early termination of the PREMIUM Subscriber's subscription, who hereby agrees to pay the monthly or annual instalments due until the end of the PREMIUM Subscription.

6.4. Suspension and deletion of the Account at FullEnrich's initiative

FullEnrich reserves the right to temporarily suspend a User's Account if the User fails to comply with these TCUS. This suspension will prevent the User from logging into their Account and accessing the Services.

If such a suspension occurs, the User will receive a notification email explaining the reason for the suspension. If the User does not resolve the issue within 7 days, the Subscription will be terminated due to a breach of the conditions stated in article 7.5 of these TCUS.

It is important to note that suspension does not automatically terminate the Subscription. For Premium Subscriptions, the monthly payments or annual instalments that are due or will become due must still be paid until the end of the Subscription.

7. SUBSCRIPTION

7.1. Subscription Procedure

To subscribe to a PREMIUM Subscription, the User is invited to follow the previous steps exposed the following steps:

• Click on the Settings tab;

• Choose the desired Subscription;

• Specify billing information;

• Accept these TCUS;

• Proceed to the payment of the subscription according to the means of payment proposed on the Site in case of Premium Subscription.

Once these steps have been completed, an acknowledgement of receipt of the Subscription is automatically sent to the Subscriber by email, provided that the e-mail address communicated during the creation of the Account is correct.  The start date of the Subscription is deemed to be the day of the Subscription.

7.2. Change of Subscription

The Subscriber may change its Subscription formula during Subscription.

The change of subscription to a higher or lower PREMIUM subscription takes place immediately after payment.

The start date of the subscription will be adjusted to the date of the change.

Credits obtained during the initial Subscription but not used will not be lost at the end of the initial Subscription.

7.3. Duration of the Subscription Subscriptions are taken out for a duration of one (1) month or one (1) year.

Subscriptions are automatically renewed by tacit agreement upon expiry, for a period equal to the initial Subscription duration and at the same price, subject to changes in pricing conditions as set out in article 12.2 of these TCUS, unless terminated under the conditions set out in article 7.5.

Any Subscription that has been started is due in full.

7.4. Termination

Non-renewal of the Subscription The Subscriber may terminate his or her Subscription at any time by e-mail to support@fullenrich.com or directly from his or her Account, providing a notice period of:

• At least 48 (forty-eight) hours before the end of the monthly Subscription;

• 1 (one) month before the end of the annual Subscription.

If the notice period is not respected, the Subscription will be automatically renewed.

Early termination at the Subscriber's initiative

The Subscriber may, if he wishes, terminate the current Subscription early. In this case, the amounts due and owing and accruing due and owing will remain due and cannot be reimbursed, the Subscriber remaining free to use the Services until the end of the current Subscription period.

Termination for breach

If the Subscriber fails to meet his contractual obligations, FullEnrich reserves the right to immediately suspend the Subscription. The Subscriber will have three weeks to regularise the situation.

If the situation is not remedied, the Subscription will be terminated to the exclusive detriment of the Subscriber and all Accounts linked to the Subscription will be immediately deleted resulting in the consequences set out in 6.3.

If one of the Parties fails to fulfil its contractual obligations, the Contract may be terminated by the other Party rightfully 15 days after sending a formal notice by registered letter with acknowledgement of receipt remained unsuccessful.

General provisions

The Account will be automatically deleted in the event of termination:

• for breach by a PREMIUM and FREEMIUM Subscriber,

• for non-renewal of a FREEMIUM Subscription;

• at the initiative of a FREEMIUM Subscriber.

The Account will not be deleted in the event of termination of a PREMIUM Subscription for non-renewal of the PREMIUM Subscription or at the initiative of a PREMIUM Subscriber; the Subscriber will automatically be granted a FREEMIUM Subscription. In all cases of termination, the Workspace created by the Subscriber as well as all the elements, contents, professional contacts, Data and Credits attached to it, will be permanently deleted and other Users will no longer have access to it.

8. DESCRIPTION OF SERVICES

8.1. Access to Services

In order to access all the features offered in a Subscription by the Solution, the User must:

• Create an account;

• Install the Extension on their terminal.

The Subscriber is aware that the Extension is only compatible with the Google Chrome browser.

The Subscriber acknowledges that the Extension is necessary to benefit from some of the features offered.

8.2. Presentation of Services

Each Service provided by the Solution can be activated by the User after creating an Account and, for certain paid Services, obtaining a Subscription and receiving one or more Credits.

FullEnrich is committed to presenting the following in a clear and understandable manner:

• The main features of the Services, considering their nature and the communication medium used, including functionality, compatibility, and interoperability, as well as any usage restrictions.

• The mandatory information that the User must receive according to applicable law.

These characteristics and information are available on the Site.

By creating an Account and obtaining a Subscription, the Subscriber can enjoy the following Services:

• Creating an Account and browsing the Site: FullEnrich offers all Users the opportunity to create an Account, access a personal space, and browse the Site to view different pages through their Account.

• Using the enrichment service: Subscribers can use Credits to discover the contact details of professional contacts and add them to their address book. They can also transfer the contact details to their customer relationship management (CRM) solutions, if compatible with FullEnrich and subject to the specific settings of their CRM solution. In both cases, FullEnrich cannot be held liable.

• Provision of a Workspace: Subscribers can create a Workspace where they can invite other Subscribers, manage the list of Subscribers in the Workspace, and share information with them. Workspaces contain various Data such as team members, activity log, Subscription settings, and business contact information. PREMIUM Subscribers automatically make their acquired credits available to other Users they invite to their Workspace as Workspace Administrators. FullEnrich recommends that PREMIUM Subscribers exercise caution when inviting other Users to their Workspace. However, FullEnrich is not responsible for the use of Credits by invited Users in a Workspace.

• Helpdesk: An instant messaging helpdesk is available Monday to Friday, from 9:00 am to 7:00 pm (UTC +1 in winter time, UTC+2 in summer time), to address anomalies. Reports of serious discrepancies should be promptly confirmed by email to FullEnrich at support@fullenrich.com. FullEnrich will diagnose and correct the anomaly as soon as possible.

9. CREDIT

Credits enable Subscribers to perform certain actions within the Solution.

Credits can be used directly by:

• PREMIUM Subscribers, or Users they have invited to their Workspace;

• FREEMIUM Subscribers, or Users they have invited to their Workspace.

The different types of Credits, as well as how to obtain them and the Services for which they can be used, are detailed in the description of the Credits available at https://www.fullenrich.com/pricing.

FullEnrich offers the User:

• The option to obtain more Credits by subscribing to Subscriptions;

• The option to purchase additional Credits during a Subscription.

Credits are non-refundable and cannot be exchanged. They hold no financial or monetary value and cannot be considered or classified as electronic money.

Credits cannot be transferred from one Account to another. In exceptional cases, FullEnrich may agree to transfer Credits, without this becoming a common practice in the future.

• "Subscription" credits: Credits expire at the end of the current Subscription period and cannot be carried over to the next Subscription. If the Subscription is renewed, the number of "subscription" Credits previously invoiced will be maintained and invoiced for the next Subscription. However, certain types of PREMIUM Subscriptions allow the Subscriber to retain previously earned and unused Credits upon Subscription renewal.

• Purchase of additional credits: Subscribers have the option to increase the number of Credits normally granted as part of the Subscription by purchasing additional One-time Payment Credits. These additional Credits purchased during the Subscription will be valid for the duration of the current Subscription, with a maximum validity of 6 months, whichever is shorter. FullEnrich advises Users against purchasing Credits that they do not expect to use during their current Subscription.

10. PRICE CONDITIONS

10.1. Price

In order to benefit from certain Credits reserved for PREMIUM Subscribers, the User must take out a Subscription as described in article 9 herein, or be invited by a Subscriber to a Workspace.

For PREMIUM Subscriptions, the Website displays prices in euros, excluding VAT. Prices do not include Value Added Tax (VAT) at the rate applicable on the date of subscription. Any change in the applicable rate may affect the price of all taxes included of PREMIUM Subscriptions from the date the new rate comes into effect.

The applicable VAT rate is expressed as a percentage of the PREMIUM Subscription value.  The price of the PREMIUM Subscription is the one indicated on the Web site at the time of payment. FullEnrich reserves the right to modify its prices at any time, while guaranteeing that the price in effect on the date of subscription will be applied.

10.2. Revision of the Subscription price

The price and Services offered in the context of a Subscription may be changed by FullEnrich at any time, at its discretion. The Subscriber will be notified of the revised Subscription price by FullEnrich 15 days before the renewal of their Subscription, as described in article 7.4 of these General Terms of Use and Service.

• By email, to the address provided to FullEnrich; or

• By notification, directly on their Account.

The Subscriber can compare the prices and Services offered between their initial Subscription and the new Subscription. They can then:

• Accept the upgrade by clicking on the "accept the upgrade" button.

• Keep their initial Subscription for a maximum of 1 (one) month for Subscriptions with a duration of 1 (one) month, or 1 (one) year for Subscriptions with a duration of 1 (one) year.

If the Subscriber does not respond within 15 days of the notification of the price revision of the Subscription, it will be considered as acceptance of the change. The new price will be applicable upon the renewal of the upgraded Subscription.

10.3. Payment methods

The Subscriber can choose from the following payment methods to pay for the Subscription on the Site:

• Direct debits

• Wire transfer

Once the Subscriber selects their preferred payment method, they will be redirected to a secure space dedicated to that method to complete the payment.

It is important to make the payment immediately upon subscribing to the Subscription. Failure to do so may result in FullEnrich revoking access to the Service.

The Subscriber will be billed monthly or annually, depending on the duration of the subscribed Subscription.

For direct debit payments, the SEPA direct debit mandate is available during the payment process.

By using the chosen payment method, the Subscriber guarantees FullEnrich that they have all the necessary authorizations.

FullEnrich takes all necessary measures to ensure the security and confidentiality of the Data transmitted online when making payments on the Site.

10.4. Delay in payment and non-payment

Without prejudice to any damages, non-payment by the Subscriber of its Subscription at the end of the date indicated on the invoice issued by FullEnrich shall automatically result in:

• Application of a late interest rate equal to 3 times the legal interest rate in force plus 5 percentage points from the tenth day of delay;

• The payment of a flat-rate compensation for recovery costs amounting to EUR 40. When recovery costs incurred exceed the amount of this lump sum compensation, FullEnrich may request additional compensation, if justified;

• Immediate suspension of the Account;

• Termination of the Subscription to the exclusive fault of the Subscriber 15 days of FullEnrich sending a formal notice by registered letter with acknowledgement of receipt, which has not been successful, without prejudice to the possibility for FullEnrich to recover the sums due for the Subscription.

11. OBLIGATIONS OF THE PARTIES

11.1. Obligations of the User

In connection with access to the Site and any use of the Solution and the Services, the User undertakes not to breach public order, to comply with the laws and regulations in force and to respect the rights of third parties and the provisions of these TCUS.

In particular, the User undertakes to:

• Behave loyalty towards FullEnrich;

• Be honest and sincere with the information provided to FullEnrich;

• Use its Account, the Solution and the Associated Services in accordance with these TCUS;

• Do not divert the purpose of the Solution to commit crimes, offences or contraventions repressed by the French Penal Code or by any other law;

• Respect the privacy of third parties and the confidentiality of exchanges;

• Respect FullEnrich’s intellectual property rights on all elements of the Site and the Solution;

• Not seek to undermine the automated data processing systems implemented on the Site, in particular through practices such as scrapping, under articles 323-1 and followings of the French criminal code (“Code penal”);

• Do not modify the information posted by FullEnrich or other Users;

• Do not use the Site to send bulk unsolicited messages or malwares (advertising or other);

• Not disseminating Data that has the effect of diminishing, disorganizing, slowing or interrupting the normal functioning of the Solution and the provision of the Services;

• Not to display messages or information likely to characterize denigration towards FullEnrich or, where applicable, towards other Users, oran insulting, defamatory, racist, xenophobic, revisionist nature, contrary to public order, inciting discrimination or hatred, threatening a person or group of persons, of a pedophile character, inciting to commit an offence or crime or inciting suicide;

• Not to allow third parties to directly or indirectly obtain pirated software, software allowing acts of piracy and intrusion into computer and telecommunications systems, malwares and other logical bombs and generally any software or other tool allowing to undermine the rights of third parties and the safety of persons and property. The User uses the Services and the Solution under its full and exclusive liability.

11.2. Obligations of FullEnrich The general obligation of FullEnrich is to make reasonable efforts to provide the Solution. It should be noted that FullEnrich does not guarantee any specific outcome or provide any additional resources.

FullEnrich strives to ensure uninterrupted access and use of the Solution 24/7, except during IT maintenance periods.

Users should be aware that current Internet communication protocols do not guarantee the continuous transmission of electronic exchanges (messages, documents, sender or recipient identity). Additionally, FullEnrich, like Users, relies on third-party providers that offer access to online communication services, as defined by article 6.1 of the French law of 21 June 2004 for confidence in the digital economy.

12. LIABILITY

FullEnrich is not liable for:

• Temporary unavailability of Services due to IT maintenance or update operations.

• Viral attacks or unauthorized intrusion into the automated data processing system.

• Accidental destruction of Data by the User or a third party who accessed the Solution using the User's Identifiers.

• Abnormal or illegal use of the Solution or the Services by a User or a third party.

• Non-compliance by the User with these TCUS.

• Delay or non-performance of obligations due to a "force majeure" event as defined in article 15 of these TCUS.

• External causes not attributable to FullEnrich.

• Unlawful acts of other Users.

In the case of abnormal, abusive, or fraudulent use of your Account, the Site or the Solution, you are solely responsible for any damages caused to third parties and any resulting consequences, claims, or legal actions. Specifically, you are solely responsible for any damage resulting from:

• Misuse of the Solution or Services, including negligence;

• Using the Data for purposes other than those strictly necessary for your internal needs;

• Unauthorized access or fraudulent use by third parties;

• Issues with the equipment you use to access the Solution and Services.

FullEnrich will inform you about necessary updates, including their availability, installation methods, and the consequences of not installing them. FullEnrich cannot be held responsible for non-compliance if you fail to install or incorrectly install an update, unless FullEnrich failed to provide the necessary information or the installation instructions were inadequate.

If the Solution upgrade has only a minor impact on you or FullEnrich allows you to continue using the Solution without the upgrade while ensuring compliance with the Services, you have the right to terminate this contract without any charges. However, you must proceed with this termination within a maximum of thirty (30) days, as outlined in Article 7.5.

In all cases, FullEnrich's liability is limited to reimbursing the User for the amount actually paid on the date of the event. Please note that FullEnrich does not have control over websites directly or indirectly linked to the Site and the Solution. Therefore, FullEnrich cannot be held liable for any information published on those websites. The links to third-party websites are provided for informational purposes only, and FullEnrich does not provide any warranty for their content.

13. "FORCE MAJEURE"

FullEnrich’s liability may not be implemented if the non-performance or delay in the performance of any of its obligations described in these TCUS results from a case of “force majeure”.

“Force majeure” in contractual matters occurs when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.

If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is permanent, the contract is automatically terminated and the parties are released from their obligations under the conditions laid down in Articles 1351 and 1351-1 of the French Civil Code.

In the event of any of the above events, FullEnrich will endeavour to inform the User as soon as possible.

14. INTELLECTUAL PROPERTY

14.1. General Provision Intellectual property rights of FullEnrich

The User acknowledges the intellectual property rights of FullEnrich on the Solution and the Site, their components, including software, in general, any component of the IT infrastructure provided or implemented under these TCUS and waives the right to contest such rights in any form.  In addition, the User acknowledges that the trademarks, logos, slogans, graphics, photographs, animations, videos, audio recordings, software and text solutions and any other content on the Solution Site, except for Content published by other Users, is the intellectual property of FullEnrich and may not be reproduced, used or represented without express permission under penalty of legal proceedings.

In some cases, these Contents are not the property of FullEnrich but FullEnrich has obtained express permission to use them or may use them in accordance with the applicable legislation.  Any representation or reproduction, in whole or in part of the Services and the Site, of their components, as well as of the documentation concerning them, by any process whatsoever, in any form whatsoever and on any medium whatsoever, without the express prior authorization of FullEnrich is prohibited and will constitute an infringement sanctioned by the provisions of the French Intellectual Property Code.

In particular, FullEnrich expressly prohibits:

• The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the Contents on another medium, by any means and in any form whatsoever;

• Reuse, by making available to the public, all or a qualitative or quantitative substantial part of the Content;

• Reproduction, extraction or reuse, by any means, including web-scraping of the Content.   Acceptance of these TCUS means recognition by the User of FullEnrich's intellectual property rights and a commitment to respect them.

• Ownership rights to the Date downloaded by the User and intellectual property rights to the User’s database.

In the course of using the Services, the User may upload Data to the Solution to which FullEnrich may have access in its capacity as editor and administrator of the Solution.

The User hereby authorises FullEnrich, free of charge, to access, use and exploit the Data that the User uploads or makes available on the Solution.

All Data transmitted by the User shall become and remain the property of FullEnrich, even after the account has been deleted.

The User grants, on a non-exclusive basis and free of charge, a licence to use his database if he has one, under the conditions defined below.

This licence includes:

• The right for FullEnrich to reproduce, represent and make use of all or part of the Data in the context of the management, supply and proper administration of the Solution,

• The right to adapt all or part of the Data, to correct it, to modify it and to make it evolve;

• The right to access the Data, to make backup copies of the Data, to load, display, extract or store the Data on any media, known or unknown;

This licence is granted on all media and technologies, known or unknown, for the entire world and for the entire duration of the protection of the intellectual property rights attached to the Data as of the signing of these TCUS, subject to compliance by FullEnrich with the provisions of this article.

The User guarantees FullEnrich that it will be able to use the Data without infringing on the rights of third parties in accordance with applicable legislation and that it has obtained all necessary authorizations to grant this licence and, if applicable, the implementation of an API on their solution managing their database.

14.2. Licence to use the Solution

The Subscriber acknowledges that FullEnrich holds the copyright to the Solution.

By subscribing to a Subscription, the Subscriber is granted a personal, non-exclusive, non-transferable, non-sublicensable, and limited right to use and access the Solution for the entire Subscription period, worldwide.

The right of use allows the Subscriber to utilize the Solution as intended, in SaaS mode, by connecting to an electronic communication network.

The Subscriber is authorized to access or retrieve business contacts within the allotted credits, for internal business use, in compliance with these TCUS.

The Subscriber may not under any circumstances make the Solution available to a third party, and is strictly prohibited from any other use, including but not limited to any adaptation, modification, translation, arrangement, distribution, or decompilation. In any event, Subscriber agrees not to:

• To attempt to copy, modify, reproduce, create any derivative work, alter, mirror, republish, download, display, transmit or distribute all or any part of the components of the Solution in any form, on any medium or by any means whatsoever;

• To attempt to decompile, disassemble, reverse engineer or otherwise make comprehensible all or part of the Solution;

• To access all or part of the Solution in order to design a competing solution;

• To attempt in any way to remove, circumvent any Technical Protection Measure (TPM), or to use or manufacture for sale or lease, import, distribute, sell or lease, offer for sale or lease, promote the sale or lease or hold for private or commercial use any means to facilitate the removal or unauthorised circumvention of TPMs;

• To use the Solution to provide services to third parties or to sublicense, sell, lease, assign, assign, distribute, display, disclose, commercially exploit or otherwise make the Solution available to any third party.

Subscriber may use the Solution only for its own business use and internal operations, in accordance with its own needs.

The Subscriber acknowledges that the licence to the Solution is granted solely for the purpose of allowing the Subscriber to use the Solution and to access the Services, to the exclusion of any other purpose.

The Subscriber acknowledges having received from FullEnrich all the necessary information enabling him/her to assess the suitability of the Solution for his/her needs and to take all necessary precautions for its use. FullEnrich may provide, at the Subscriber's request, any recommendations necessary to optimise his choices and provide the most appropriate coverage for his needs.

The Subscriber may use the Solution during the Subscription period 7 days a week, 24 hours a day, including Sundays and holidays, except during maintenance periods.

In the event of abusive or wrongful use of the Solution by the User in disregard of these General Terms of Use and Service, FullEnrich reserves the right to suspend the Subscriber's Account at any time, and to initiate any legal proceedings against him/her.

In this regard, the Subscriber is prohibited from storing, reproducing, representing or retaining, directly or indirectly, on any medium whatsoever, by any means and in any form whatsoever, all or a qualitatively or quantitatively substantial part of the Data for purposes other than those set out in these TCUS.

The Subscriber is not authorised to:

• To re-use the Data for any purpose other than strictly necessary for its own internal needs, excluding any resale or provision of the Data to third parties, even in an exceptional and fragmentary manner;

Apart from the Credits allowing it, the Subscriber is prohibited from:

• Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the professional contacts obtained from the Service, in any form whatsoever.

15. PROTECTION OF PERSONAL DATA

Respect for Users' privacy and Personal Data is a priority for FullEnrich, which undertakes to comply with French Law no. 78-17 of 6 January 1978 and the General Data Protection Regulation (EU) of 27 April 2016 (hereinafter the “GDPR”).

Each Party warrants to the other Party that it will comply with its legal and regulatory obligations with respect to its role in protecting Personal Data.

15.1. Processing performed by FullEnrich as Data Controller

In the context of the operation of the Solution and the Services, FullEnrich may collect and process, in its capacity as controller, User Personal Data and, where applicable, their representatives or members of their personal staff.

This Personal Data is necessary for the management of Subscriptions, the provision of the Solution, the management of Services, payment, enquiries, requests for rights, for the purpose of ensuring the smooth operation and continuous improvement of the Solution and its Services and functionalities and, if the User has expressly chosen this option, for the sending of newsletters, unless it no longer wishes to receive such communications from FullEnrich.

This Personal Data is intended for FullEnrich as well as all the service providers that may be associated with the performance of the Services.  In accordance with the regulations, FullEnrich ensures the implementation of the rights of data subjects.

In this respect, the User has the rights relating to Personal Data concerning him by writing to FullEnrich (right of access, rectification, limitation, portability, erasure and opposition to the use of your personal data as well as the right to formulate directives concerning the management of personal data post mortem).

The User may exercise these rights by sending:

• An email to: support@fullenrich ; or

• Mail to au 40 boulevard henri sellier, 92140, France.

15.2. Processing carried out by the User as Data Controller

The User may be required to collect and process the Personal Data of professional contacts in the course of using the Solution.

The User guarantees that he/she processes this Personal Data in compliance with the rights and obligations arising from the French law "Informatique et Libertés" and the RGPD.

When providing Personal Data to FullEnrich, the User guarantees that he/she respects the rights and obligations arising from the French law "Informatique et Libertés" and the RGPD and that he/she has the necessary authorizations to allow FullEnrich to carry out the processing of Personal Data necessary for the implementation of the Solution and the Services.

The User remains solely liable for the processing of Personal Data carried out for his/her own needs. In this respect, it is the User's responsibility to carry out a balance of interests in the case of processing based on legitimate interest, to inform the persons concerned of this processing, of the origin of the Data and to provide them with all the information required by the regulations on the protection of personal data.

The User acknowledges that it ensures that an appropriate level of security is in place to prevent the loss of the integrity, availability and confidentiality of the Data it processes and acknowledges that it provides a level of security that:

• Ensures compliance with the Personal Data Protection Act;

• Complies with best practices and privacy regulations.  To the extent that FullEnrich and the User independently determine the methods and purposes of the processing, the Parties are considered as separate controllers.

For more information on FullEnrich Personal Data Processing Policy, the User is invited to consult the FullEnrich Privacy Policy available at the following address: https://fullenrich.com/privacy-policy which will give him detailed information concerning the processing of Personal Data carried out by FullEnrich in connection with the execution of the TCUS.

16. CONTACT - SUPPORT

Any questions concerning the use or operation of the Solution and the Services may be formulated in the following manner :

• By chat to https://app.fullenrich.com

• By email at support@fullenrich.com; or

• By letter at FullEnrich 40 Boulevard Henri Sellier, France.

17. TCUS VALIDATION

If any of the provisions of these TCUS should be declared null and void in relation to any applicable legislative or regulatory provision and/or court decision having res judicata, it shall be deemed unwritten but shall not affect the validity of the other clauses which shall remain in full force and effect.

Any such modification or decision does not in any way authorise the User to disregard these TCUS.

18. MODIFICATION OF TERMS AND CONDITIONS OF USE AND SERVICES

TCUS may be modified and updated by FullEnrich at any time, in particular to adapt to legislative or regulatory developments.

Any modification of these TCUS and the documents referred to therein will be notified to the User before the entry into force of the changes:

• Either, the User consents to these modifications, in which case they will automatically enter into force on the date provided for in the notification;

• Either, the User refuses the modifications, in which case he may, if he is a subscriber, terminate his Subscription and delete his Account. In this case, the TCUS in effect on the day the Subscription was taken out will be maintained until the end of the Subscription, without the present TCUS being tacitly renewed.

The User expressly accepts that its silence following the information given about the modification of the TCUS is considered as acceptance of the modifications made.

19. GENERAL PROVISIONS

The fact that one of the Parties has not required the application of any clause of these TCUS, either permanently or temporarily, may in no case be considered a waiver of said clause.

In case of difficulty of interpretation between any of the titles appearing at the top of the clauses, and any of them, the titles will be declared non-existent.

20. APPLICABLE LAW - JURIDICTION

20.1. Applicable Law

THESE TCUS AND THE RELATIONSHIP BETWEEN THE USER AND FULLENRICH ARE GOVERNED BY FRENCH LAW.

20.2. Dispute Resolution

IN THE EVENT OF A DISPUTE ARISING BETWEEN THE PARTIES CONCERNING THE CONCLUSION, THE EXECUTION OR THE RESILIATION OF THE HEREIN, ONLY THE COURTS OF PARIS SHALL HAVE JURISDICTION.

Prior to any recourse to the arbitral or state judge, and in order to find an amicable solution to any dispute that may arise in the performance of the TCUS, the Parties agree to meet within 15 days of receipt of a registered letter with acknowledgement of receipt notified by either Party.

If, after a further period of 15 days, no agreement is reached between the Parties, the dispute will be submitted to the competent Parisian courts.