Terms of sale and use

Use of Site
By using the Site, the Customer or the User acknowledges having read these terms and conditions. By using the Site, the Customer or User reports having fully accepted without reservation all the general conditions of sale and use. Accordingly, the Customer waives any contradictory document, including its own general conditions of purchase.
The Company reserves the right to modify at any time these terms and conditions.
The general conditions of sale are those in effect on the date of subscription of the Subscription by the Customer.
Service Description
The service allows users to perform analysis, reports, websites visualisations. The service can also provide access to APIs.
The company may change the service at its discretion, with or without notice, by adding, changing, or deleting Service features.

The company has an obligation of means and provides reasonable efforts to provide the service.
Customer understands that the service is always evolving. Some functions may not work, or incompletely
Some functions may not have been tested.
The functions can be different depending on if the property of the analysed site has been verified or not.
The service is "self-service": the customer is solely responsible for data interpretation and reports generated by the service.
The subscription does not include consulting services or interpretation.
The services are customised according to the data the customer entered, there is no withdrawal period.
The customer uses the service knowingly.
The service is primarily aimed at professionals, and the prices are therefore indicated excluding taxes. Individuals wishing price including taxes may make a request via the contact form, necessarily indicating their country of residence.

All of the proposed credits are payable in advance.
The prices are without VAT, the VAT added at the rate applicable at the time of payment according to the legislation.
Connection fees to access the Site and Services are the responsibility of the Customer or the User.
Exchange fees, if any, are on the Customer.
No discount is given for advance payment or cash payment.
Unless proven failure notified by registered letter, to contractual obligations from Switch-ti, settlement of the subscription is due in full.
Accepted payment methods are Paypal, Credit Card, Wire Transfer, Check
. The different offers available at any given time are listed on the "Plans" page.

As part of a monthly subscription, the credits are to be used in the months and are re-initialized at the beginning of each period, on the anniversary date.
Monthly credits are not transferable from one month to the next.

The subscription is automatically renewed for the same period as the initial period.
In the case of failure to customer requirements, the company may prematurely close the client access without penalty.

The subscription can be cancelled informally by the client:
a/ By stopping the recurring payment directly from their account Sem-Eye.Com or PayPal before the next deadline.
b/ By preventing the company at least 2 days before the deadline, by email or via the support system.

As part of the purchased credits "on demand", the validity of the credits is 1 (one) calendar Year

The default of payment at agreed dates means :
the full and immediate payment of all amounts due and the ability to delay the execution of new orders or any order under way,
the suspension of the current Subscription,
the application of default interest on the basis of ECB refi rate plus 10 points, excluding taxes, all taxes to be added, in accordance with the law of 15 May 2001, without any reminder.
the right for the Company to demand cash payment before the subscription of any subsequent subscription.
In addition, pursuant to Law 2012-387 of 22 March 2012, the Customer in arrears situation is an automatic debtor in respect of the Company's fixed compensation for recovery costs at 40 €, no reminder is required.
Similarly, additional compensation will be due on justifications when disbursements recovery costs will be higher than 40 euros.

Crawls data are kept as long as the customer has an active subscription.
If the customer no longer has an active subscription, the data stored in their account can be deleted without notice by the company. The customer can't oppose to this deletion nor claim compensation.
!!Les comptes inactifs (sans login) de plus de 2 ans (deux ans) seront supprimés ainsi que les données y afférant, après envoi d'une notification au client.!!

!! La Société informe le Client que ses données sont enregistrées et font l'objet de déclarations auprès de la CNIL sous le N° 1295074 conformément aux dispositions de la loi Informatique et Libertés n°78-17 du 6 janvier 1978.
Les données ainsi collectées sont traitées par la Société afin de permettre au Client d'accéder aux fonctionnalités du Site et afin de respecter ses obligations légales et règlementaires en matière de facturation.
Le Client dispose, conformément aux dispositions de la loi Informatique et Libertés du 6 janvier 1978, d'un droit d'accès, de modification, de rectification, de suppression de toutes les données à caractère nominatif le concernant.
Ce droit peut être exercé par courrier électronique ou postal envoyé à la Société aux adresses figurant dans les mentions légales du Site, en justifiant de son identité.
Ces données ne sont par défaut pas communiquées par la Société à des tiers et ne sont pas utilisées à des fins de prospection commerciale, en dehors des limites permises par la Loi.
Ces données sont hébergées sur le territoire de l'Union Européenne.
!! !!Dans le cas où un client utilise le service des Metamots (sous Licence CKDEV), que ce soit en test gratuit ou via un achat de crédits, ses données personnelles sont susceptibles d'être transmises à ChrisKatDev EURL afin de permettre le support technique relatif aux Metamots.
Son droit d'accès et de modification s'exerce alors également auprès de CHRISKATDEV.COM, 9 PL DU MARCHE 18170 LE CHATELET.!!
!!Les données associées à des comptes inactifs depuis plus de deux ans seront effacées.!!

The Company is only bound by an obligation of means.
The Customer acknowledges being aware of technical risks inherent in the Internet and access interruptions that may result.
Accordingly, the Company will not be held liable for any downtime or slowdowns of the Site.
The Company is not able to guarantee the continuity of the Site, run remotely via the Internet, the Customer expressly acknowledges.
The service can especially be temporarily unavailable for maintenance reasons, planned or not, his actions or those of suppliers of the Company.
However, the company will endeavour to minimise potential service disruptions and to notify Customer in advance.
The company does not guarantee the proper functioning of the Service or the suitability of the service to customer needs.
The service is provided as is, without express or implied warranty.

The Customer is liable for damages of any kind, material or immaterial, direct or indirect caused to any third party, including the Company, due to the use or illegal use of the Site, whatever the cause and place of occurrence of the damage.
The Customer warrants the Company consequence, claims or actions which the Company may therefore be.
The Customer waives all claims against the Company in the context of prosecutions conducted by a third party due to the use or illicit exploitation of the site.
The Company can not be held liable for any indirect damage including loss of reputation, or operating loss eventually earn suffered by the Client. The Company may be held liable only direct damage resulting from a proven fault in the execution of its mission. In this case, the damage suffered by the Customer may not exceed the amount of the benefit due hereunder, which the Client expressly accepts.

According to Article L.121.20-2 of the Consumer Code, the customer expressly waives his right to withdrawal, the services provided by the Company to the customer being characterised by a strong customization.

The Customer acknowledges having read prior to the acceptance of these, the technical characteristics and safety features of the Site.
The customer makes his case all the equipment (hardware and software) necessary for use of the Site via the Internet by itself or authorised users. He must regularly update its equipment and internet connection.
The Access Codes chosen by the Customer when registering on the website are personal and confidential. They engage the responsibility of the user and the client.
The customer shall not create multiple accounts without written agreement of the company.
The Customer warrants that the information provided during the subscription of its subscription are correct and undertakes to update it regularly.

The client prohibits any action of reverse engineering, decompiling, or attempt to reveal the source code, algorithms, ideas or know-how of the service or company.
The customer is also forbidden to modify, translate, or create derivative works of the service.
The Client is solely responsible for the use of the Site. Consequently: any treatment, transmission, dissemination or representation of data or information via the Site by the User, are performed under its sole responsibility and in strict compliance with laws and regulations relating to the use of services online.
The use by the Client of the data provided by the service is under his sole responsibility.
The customer declares not to access or attempt to access any or all of our services by any means other than through the web interface or the API provided by the company without the written consent of the company.

Any commercial redistribution, even partial, of the service functionality through software or online tools is strictly prohibited without written consent of the company.

The customer declares not to engage in any activity that interferes with or disrupts the services.

Access to the service is provided to the customer for his own use.
It is forbidden to use it in a context of timesharing, or for the benefit of a third party.

Evidences
The records stored in computer systems of the Company in reasonable conditions of safety will be considered proof of communications, connections, orders and payments between the parties.

void
If any provision of these should be recognised invalid under a rule or a law, it would be deemed unwritten and would not result in the nullity of the contract.

Jurisdiction
This contract is governed by French law.
The French version of this contract is the applicable one. The English translation is only provided as a general guidance.

In the event of a dispute arising between the parties due to the implementation or interpretation of this Agreement, the Parties undertake to submit to the mutual agreement procedure defined below, prior to any referral to the competent court.
In order to find a solution to any dispute arising in the performance of this contract, the parties agree to consult within fifteen days after sending a registered letter with acknowledgement of receipt notified by either Party.
If after a period of thirty (30) days, the parties could not agree on a compromise or solution, the dispute would be subject to the jurisdiction of the Court of Grenoble, France, the Customer accepts expressly.

The Metamot algorithm is protected under the following IDDN : IDDN.FR.001.360004.000.S.P.2016.000.30000