The ToS are concluded between CAPTAIN DATA and the Client.
In the ToS and any related contractual document, the terms whose first letter is in capital will be defined as follows, in singular or plural:
- “Account”: the account of the Client on the Service, accessible via its login and password, which includes its personal information and use of the Service.
- “Anomaly”: any anomaly regarding the performance of the Service.
- “CAPTAIN DATA”: CAPTAIN DATA, a joint stock company with a registered capital of 126.750 €, Registered at the Nantes Trade Registry, under number 838 098 598, whose offices are 41-43 Quai de Malakoff 44000 NANTES, France, represented by Marc Francis as its President, duly authorized for such purposes.
- “Client”: CAPTAIN DATA’s client.
- “Data”: texts/images/videos/localization (non-exclusive list) extracted and compiled in a Database
- “Database”: databases created by the Client while using the Service.
- “Order”: any order of an access to the Service by the Client, from CAPTAIN DATA.
- “Party”: CAPTAIN DATA and/or the Client, taken individually and/or collectively.
- “Personal Data”: personal data as defined by laws and regulations, collected by CAPTAIN DATA when the Client uses the Website and the Service, or during any Order.
- “Automation”: process of information (Data) automation on any website.
- “Service”: the SaaS provided by CAPTAIN DATA on the Website.
- “ToS” or “Terms and Conditions”: the present document.
- “Website”: the website captaindata.co and its components (code, visual elements, databases, documents, etc) edited by CAPTAIN DATA, as well as any other means to load the website (such as a mobile application).
2. Acceptation and modification of the ToS
2.1. Scope of the ToS
The ToS govern the use of the Service by the Client.
CAPTAIN DATA reserves the right to change the ToS at any moment, by notifying it in writing to the Client.
The Client must accept the modified ToS in order to continue using the Service after the current subscription period.
If the Client does not accept the modified ToS, they will have to stop using the Service at the end of the subscription service.
The ToS which apply to the Service are the last which have been accepted by the Client.
The ToS are applicable for the entire duration of use of the Service by the Client, from their acceptance date.
2.2. Acceptation of the ToS
Registration to the Service by the Client implies that the Client has read and accepted the ToS.
This acceptation will be expressed by ticking the appropriate box while registering on the Service or during the Order.
2.3. Legal Capacity
Registration and use of the Service are limited to legally incorporated companies, who have a company number.
Legal information of the company must be provided by the Client upon registration to the Service.
The person who accepts the ToS must be the legal representative of the Client or any other person with the power to make binding agreements on behalf of the company.
If CAPTAIN DATA is informed that the Client does not comply with the above terms, CAPTAIN DATA may end the Service and close the Account of the Client, without notice, without reimbursement and without being liable.
2.4. Compliance with legal obligations
The Client agrees to provide to CAPTAIN DATA, in order for CAPTAIN DATA to comply with its KYC (Know Your Client) obligation, and for anti-money laundering purposes, all legal documents which prove that they comply with applicable legislation and regulations, such as:
- Company incorporation document.
- Copy of the ID of the legal representative.
- Any information which may be necessary for CAPTAIN DATA to comply with its KYC obligations.
The Client will provide factual and up-to-date information to CAPTAIN DATA. Any default would result in CAPTAIN DATA ending access to the Service, without reimbursement, without notice, without being liable and make all efforts to get compensation for any prejudice.
In case of lack of provision of such information upon first request, the Client will not be able to use the Service.
2.5. Duration and end of Service
Access to the Service may be ordered by the Client as a monthly or yearly subscription, at the price listed on the Website.
Access to the Service will be renewed automatically at the end of the subscription, for the same price, or a modified price accepted by the Client, unless a Party has notified to the other Party that it wishes to end the Service, in writing or via the tool to this effect in the Service.
The Parties may end the Service and the ToS at any moment and without notice. Any period which has begun is however fully due by the Client.
The Client’s access to the Service, and its Account, will be deleted by CAPTAIN DATA at the date of termination of the Service.
3. Service provided by CAPTAIN DATA
3.1. Description of the Service
The Service is accessible through the Client Account.
The Service allows the Client to choose which Data the Automation Service should integrate in a Database, in full autonomy and without any control from CAPTAIN DATA.
The Service allows the Client to automate Data collection, autonomously, either on the basis of preexisting workflows provided in the Service, or on the basis of rules to be implemented by the Client.
The Service allows the Client to:
- Schedule workflows (configure frequency and schedules/recurrence, workflow creation with personalized configuration).
- Request on API end points to download data as CSV or JSON, and to integrate it in their own architecture.
The Service automatically downloads the Data and creates the Database, which the Client might then download and extract for its own use.
The Databases provided are provided without obligation, what so ever, from CAPTAIN DATA, as the Automation depends on the Data and information which are publicly available online and published by third parties; Collected data may also be collected on third party databases that the Client is allowed to use via login and password.
CAPTAIN DATA may develop specific workflows upon Client’s request, these workflows being submitted to a specific order by the Client.
The Client is responsible of choices made in the extraction of Data. The Client must ensure that extraction is legal and does not infringe on the right of third parties (especially regarding database owners and producers rights).
CAPTAIN DATA will not be liable if the Client is banned or sanctioned by third-parties due to its use of the Service.
The Client will be fully responsible of the use of collected Data, of any kind.
The Client must also ensure that they are authorized to collect and use the Data by the competent third party, and that such collection complies with law and regulations. The Client warrants to CAPTAIN DATA that they have been granted the authorization to collect and process such Data from such third party and will compensate CAPTAIN DATA for any sum which CAPTAIN DATA may have to pay to a third party on this basis.
The Client warrants CAPTAIN DATA against any claim regarding the Databases, Data, or their use.
The tool provided by CAPTAIN DATA is only a neutral technological tool, which is used by the Client for their own need.
The Service is provided to the Client as an online service, via internet.
The Client must have access to a phone line and internet and must ensure that their hardware is functional and fit the requirement of the Service.
The Client bears the entire cost of equipment (hardware, phone line, internet, etc) in order to have the prerequisites of the Service. CAPTAIN DATA only provides the Service and not the equipment which is necessary for its requirements, which is accepted by the Client.
Access is provided without service level agreement. CAPTAIN DATA will make its best efforts for the Service to be accessible.
If the Client creates its own workflows in the Service, these services may be used by CAPTAIN DATA, in compliance with Article “Usage rights of CAPTAIN DATA”.
The Service is only a computer tool which allows the Client to execute a technical function, under its own control.
CAPTAIN DATA does not provide any maintenance in the Service, and any update of the Service is offered in a discretionary manner.
The Service provided by CAPTAIN DATA does not include any of the Client’s service and the use of Databases created while using the Service.
The Client is solely responsible for these elements and CAPTAIN DATA, as a computer services provider, will not be liable in any manner on this basis.
CAPTAIN DATA will make its best efforts to correct any Anomaly in the Service, as soon as practicable, without any obligation.
CAPTAIN DATA is expressly allowed to use any subcontractor of its choice to develop, support and maintain the Service.
4. Customer service
CAPTAIN DATA’s customer service is available at: firstname.lastname@example.org
5. Obligations of the Parties
5.1. Obligations of CAPTAIN DATA
CAPTAIN DATA will make its best efforts for the Service to function in compliance with its specifications, without any performance obligation.
CAPTAIN DATA will implement and maintain all technical and physical means, in compliance with the state of the art, to preserve and warrant the safety and integrity of communications.
CAPTAIN DATA does not have any obligation regarding:
- Performance obligation while providing the Service.
- Lack of bugs or anomalies in the Service, or permanent availability of the Service.
- Frequency of maintenance or update of the Service.
- Service quality.
- Service level agreement and availability of the Service.
- Duration of support and continuity of the Service.
CAPTAIN DATA will provide its best efforts in order for the Service to function in a secured manner, as an obligation of means. CAPTAIN DATA does not warrant absolute safety of the Service.
CAPTAIN DATA may notably freely modify, adapt and/or delete functions from the Service, depending on development needs.
CAPTAIN DATA may suspend, modify or remove the Service and suspend support at any moment, without notification or notice, without being held liable.
The Service will then end at the end of subscription commitment of the Client, without any renewal being possible.
5.2. Obligations of the Client
The Client agrees to pay all sums due to CAPTAIN DATA.
The Client agrees to the use the Service in compliance with the ToS.
The Client agrees to collect and process, via le Service, only Data which they are allowed to collect and process. If they are not, the Client warrants CAPTAIN DATA against any claim by a third party due to such collection and processing of Data.
6.1. General terms
The Client has an Account to use the Service.
Any Client may only create one Account.
The Account allows the Client to access and use the Service for its internal needs, on a personal, non-transferable and non-exclusive manner.
Sharing Accounts is not allowed.
6.2. Login and password
The Client will create an Account upon registration to the Service.
The Client may also use social network connection tools such as the ones provided by Google and GitHub.
The Client will create a login and password.
The Client must ensure that the password is strong and safe enough.
The Client must also provide all necessary information for the creation of the Account, such as legal information of their company, KYC information, as well as contact information. Not doing so would prevent the Client from using the Service.
CAPTAIN DATA will not be liable in case of access to the account by a third party, via a brute force attack.
6.3. Use of the Account
The Client is responsible to ensure the safety and use of their Account login and password.
The Client must ensure that they are used in compliance with the ToS.
CAPTAIN DATA will not be liable in case of unauthorized use of the Account by a third party and will not be liable in case of damage caused by such use.
If the Client notices that their account is compromised or used without authorization, or any other safety breach regarding their Account, they must inform CAPTAIN DATA as soon as possible.
CAPTAIN DATA will not be liable if the Client cannot access the Service.
CAPTAIN DATA may however, at any moment, close the Account and suspend the Client’s access to the Service, without notification, in case of non-compliance with the ToS, and the Client will not be able to request any compensation. CAPTAIN DATA cannot be held liable on this basis. However, CAPTAIN DATA may hold the Client liable and request compensation on this basis, if the Client has not complied with the ToS. All sums due to CAPTAIN DATA by the Client will remain due.
The Client will not engage in the following behavior, without this list being limitative:
- Act in a manner which may compromise performance of the Service.
- Copy the Service, in any manner, by any mean and in any shape.
- Try to access to a third party Account.
- Try to access the servers (outside of normal use of the Service) or computers on CAPTAIN DATA’s network.
- Try to download viruses, trojans or any other invasive or illegal program on CAPTAIN DATA’s servers.
- Extract data or computer code from the Service without prior written authorization from CAPTAIN DATA, in order to, notably, adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode, all or part of the Service.
- Collect and process Data, through the Service, which may compromise the integrity of the Service.
- Collect and process Data, through the Service, which may infringe on third party rights or applicable law.
- Use the Service in an illegal manner, or in breach of the ToS or any applicable law.
6.5. Links to third party websites
The Service may include links to third party websites, as well as articles, pictures, texts, visuals, images, conception element, music, sound files, video sequences, information, application, software and other content or element which may belong third parties or emanate from them.
- Uploading links to third party websites or content is not submitted to CAPTAIN DATA’s control.
- CAPTAIN DATA does not warrant that third-party websites or contents are exact, pertinent or exhaustive.
- CAPTAIN DATA is not responsible for the content, the exactitude, the offensive character, the opinions, the reliability, the privacy practices and other practices of third-party websites or their content.
- Client access to third party website or use of third-party content is at their own risks.
CAPTAIN DATA will not be held liable for any damage, direct or indirect, which may be caused by third party websites.
6.6. Data of the Account
The Client will provide factual and up to date information on their Account, such data being used in the Service.
Any change of the legal information of the company must be provided to CAPTAIN DATA.
7. CAPTAIN DATA Warranty
CAPTAIN DATA warrants that the technical function provided by the Service is compliant with French laws and regulations.
The Client is however solely responsible of their use of the Service.
CAPTAIN DATA warrants that the Service is compliant with its commercial documentation. However, limited change in the Service does not constitute non-compliance. The Client is informed that the Service is always evolving. CAPTAIN DATA may indicate that some functions of the Service, which fit the Client’s needs, are still in development, which is accepted by the Client.
8. Financial terms
Access to the Service is subject to the payment of a monthly or annual sum by the Client, for the coming period. Payment of the subscription fee is due at the beginning of the period.
This sum is indicated pre-tax, and VAT may be applied at the billing date.
At the end of the subscription period, access to the Service will be renewed in the same terms, unless one Party has rejected the renewal, prior to the date of end of subscription.
CAPTAIN NDATA is free to change its prices at any moment, but the modified price will only apply to the next subscription period and not the current one. If prices are modified, access to the Service will not be automatically renewed and the new price must be accepted by the Client prior to renewal.
Payment are made net and without discount.
8.2. Payment provider
Payments are processed by CAPTAIN DATA’s payment provider.
The payment provider is: Stripe Payments Europe, Ltd.
CAPTAIN DATA’s payment provider is contractually bound to comply with laws and regulations which apply to its services.
The terms of service of the payment providers are accessible at the following address: https://stripe.com/fr/ssa
8.3. Delay or lack of payment
Any delay or lack of payment of any sum which is due to CAPTAIN DATA by the Client is considered a contractual breach from the Client and constitutes a fault which justified the immediate termination of the Service.
Any unpaid sums at their due date will bear an interest rate of three times the legal interest rate in force at the due date, as well as an unpaid debt recovery flat fee of forty (40) euros per bill, from the day following the due date of the bill and until complete payment. Interest must be paid upon receipt of the notification from CAPTAIN DATA.
Billing interest and administrative recovery fees do not prevent CAPTAIN DATA, at its discretion, from pursuing judicial remedy in order to be obtain compensation.
In case of delay or lack of payment of any due sum, CAPTAIN DATA may interrupt provision of the Service, and, if necessary, terminate the Service due to the Client’s breach of contract. Any delay or lack of payment exonerates CAPTAIN DATA and its payment provider of any liability, what so ever, towards any third party.
CAPTAIN DATA will archive any past transactions and bill on a safe and durable method, which is a faithful copy. Computer registers will be considered proof of communications, payments and transactions between the Parties.
9. Intellectual Property
9.1. Property of the Service
The Service, as well as any part of the Website, which includes texts, images, videos, domain names, trademarks, drawings, designs, patents, software, computer code, databases, are:
- Property of CAPTAIN DATA. CAPTAIN DATA has also filed French trademark CAPTAIN DATA n°4470966, or;
- Property of a third party which has granted a license to use to CAPTAIN DATA.
These elements are protected in the entire world.
The ToS do not grant any intellectual property rights to the Client, which is not allowed to copy, represent, adapt, exploit or extract any of these elements, partially or total, without the prior written agreement from CAPTAIN DATA.
No other use of the Service is allowed.
Any partial or total copy of these elements may constitute infringement. CAPTAIN DATA reserves the right to exert any claim which may be necessary to protect its rights and obtain compensation for any damages.
9.2. Property of Databases
The intellectual property rights on the Database, as well as related documentation, are transferred to the Client, provided the Client fully pays, to CAPTAIN DATA all sums due to access the Service.
These intellectual property rights are transferred, subject to the rights of third parties on the Data integrated into the Databases, on the basis of the Client’s instructions. No right will be transferred if a third party has rights on Databases or included Data, and, in that case, the Client warrants that they have the rights to integrate the Data in the Database, and to use them.
Property of the Databases and all related intellectual property rights (such as sui generis right of the database producer) will be transferred to the Client, in all forms and on all supports, including those which are not foreseeable or planned at the date of transfer.
CAPTAIN DATA transfers the following rights to the Client:
- Sui generis right of the database producer.
- Rights to commercially and non-commercial use and exploit the Databases in all forms, including those which are not foreseeable or planned at the date of signing the present document,
- Rights to copy the Databases, on a permanent or temporary basis, by all means and on all supports, known or unknown at the date of signing of the present document.
- Rights to represent the Databases, by all process, known or unknown at the date of signing of the present document.
- Right to adapt the Databases in all manner, fully or in part:
- Modification, localization, porting, integration, personalization, connection, translation, evolution.
- Adjunction, deletion, rewriting in another language, etc.
- Right to incorporate the Databases, fully or in part, to any pre-existing work or future work.
- Right to extract Data from the Database.
- Right to license and transfer the Databases to a third party, without limitation.
Intellectual property rights listed in this Article may be used by the Client or any third party of their choice (including, without limitation, by licensing and transferring them), for internal and commercial use, with the exclusion of any commercialization of the Databases as provided.
This intellectual property rights transfer covers France and the entire world, for the duration of legal protection of Databases for the benefit of the authors, their heirs or beneficiaries, or representative, in compliance with French and foreign laws, as well as international intellectual property treaties (including copyright), which are or will be in force, and include any extension of the duration of such rights.
9.3. Usage right of CAPTAIN DATA
CAPTAIN DATA will remain sole owner on the use right of “worfklows” which have been created by CAPTAIN DATA in the Service, including on the basis of the Client’s instructions, fully or in part, in order for CAPTAIN DATA to be able to reuse them for other projects. No right is transferred to the Client on these workflows, which is accepted by the Client.
If the Client creates “workflows” in the Service, the Client will allow CAPTAIN DATA to evaluate them and reuse them for its own needs and commercial activity, under the terms of this Article.
This right to use includes:
- Rights to commercially and non-commercial use and exploit the workflows in all forms, including those which are not foreseeable or planned at the date of signing of the present document,
- Rights to copy the workflows, on a permanent or temporary basis, by all means and on all supports, known or unknown at the date of signing of the present document.
- Rights to represent the workflows, by all process, known or unknown at the date of signing of the present document.
- Right to adapt the workflows in all manner, fully or in part:
- Modification, localization, porting, integration, personalization, connection, translation, evolution.
- Adjunction, deletion, rewriting in another language, etc.
- Right to incorporate the workflows, fully or in part, to any pre-existing work or future work.
- Right to license and transfer the workflows to a third party, without limitation.
This right of use is accepted by the Client, for CAPTAIN DATA’s internal and commercial needs, in France and the entire world, for the duration of legal protection of the workflows for the benefit of the authors, their heirs or beneficiaries, or representative, in compliance with French and foreign laws, as well as international intellectual property treaties (including copyright), which are or will be in force, and include any extension of the duration of such rights.
9.4. Client Warranty
If a third party brings forward a claim against CAPTAIN DATA due to the use of the Service, the Data or the Databases by the Client, the Client will warrant CAPTAIN DATA and will support all defense costs, as well as of amicable or judicial procedure (lawyer feed and procedural fees) as well as any damages and costs that CAPTAIN DATA may be forced to pay to such third party, on this basis. CAPTAIN DATA will remain free to conduct its own defense and to choose its counsels.
10. Personal Data
In order to provide the Service, CAPTAIN DATA must collect Personal Data, in a manner which is compliant with applicable laws and regulations.
The Client is fully informed that Personal Data which are directly or indirectly provided to CAPTAIN DATA will be automatically processed.
Such Personal Data may be those of the Client, in order to provide the Service, or those of third parties collected during Automation, on the basis of the Client’s instructions.
If the Client requests CAPTAIN DATA to collect or process the Personal Data of a third party, or if CAPTAIN DATA collects and processes Personal Data upon the Client’s instructions, the Client warrants to CAPTAIN DATA that they have the data subject’s prior written authorization to do so, and will act as data controller, CAPTAIN DATA being data processor. If CAPTAIN DATA is held liable on this basis, the Client will warrant CAPTAIN DATA.
Information exchanged by the Parties over the performance of the Service is confidential.
The present Article applies to cases of voluntarily disclosure as well as negligence, or involuntary disclosure, of any sort.
The Parties agree that the following information are confidential (hereinafter the “Confidential Information”), irrespective of their form or support:
- Any information, analysis, study or other documents of any form, relating to the existence and content of the discussions between the Parties, regarding the Service;
- Any Personal Data;
- Any transaction processed in the Service;
- Methodology, products, tools, software, hardware, industrial models and Data of the Parties, as well as any update, change, or addition to these;
- Other information identified as confidential by the Parties.
The Parties agree to only use a Confidential Information, directly or indirectly, entirely or partially, for any reason, only for the needs for which the Confidential Information is provided.
CAPTAIN DATA may divulge Confidential Information to its subcontractors, if it is necessary to provide the Service (which include notably the payment processor, the accountant, etc).
Parties may however have to disclose Confidential Information if a statute or an institution (court, administration) comply them to.
This obligation does not apply to the Parties if:
- One of the Party can prove that such Confidential Information result from its own activity or its activity for a third party acting in good faith;
- Confidential Information was in the public domain at the date of transmission;
- Confidential information is accessible to the public due to publication or any other communication mean, unless said accessibility is due to a fault or negligence from the receiving Party.
- The receiving Party can prove that the Confidential Information was provided or may be provided by a third party without breach of confidentiality.
The Parties agree, upon termination of the Contract and in compliance with the express written instructions of the other Party, to delete all Confidential Information in their possession, unless they have to keep them for legal and regulatory compliance.
The confidentiality obligation will survive three (3) from the termination date of the Contract.
The liability of CAPTAIN DATA is strictly limited to the provision of a technical Service, and to its acceptable operation in compliance with the ToS.
CAPTAIN DATA will not provide any other service to the Client.
CAPTAIN DATA will not be liable for the provision of the Service, its availability, its support, Anomalies in the Service, and the use of the Service by the Client. No express or implicit warranty is provided for the quality of the Service, and the adequacy of the Service to the needs of the Client.
CAPTAIN DATA will not be liable for Automation executed by the Client, the latter being responsible for the targets of the Automation, the collected and processed Data, as the use made of the created Databases.
CAPTAIN DATA will not be liable if the Client executes Automation on a third-party website and if that causes damages to a third party. The Client will be solely responsible.
The Client is informed that any use of the Service is under their own liability.
In any case, CAPTAIN DATA may only be liable for direct damages. Indirect damages are expressly excluded.
The limitation of liability includes all type of indirect damages, including, without limitation, operating loss, loss of revenue, loss of orders, loss of earnings, loss of data or other information, loss of customers, loss of expected savings, damages to the image or reputation, loss of opportunity.
CAPTAIN DATA will not be liable for damages caused by malicious software, viruses or by any inexactitude or omission of information, unless said damages arise from a deliberate act or grave negligence from CAPTAIN DATA.
In any case, and if the previously listed limitation of liability do not apply, the liability of CAPTAIN DATA for damages caused to the Client, is strictly limited to the sum paid by the Client to CAPTAIN DATA in the subscription period during which the damage has occurred.
13. General terms
13.1. Law compliance
CAPTAIN DATA will provide the Service in compliance with French law.
The Client must keep informed of local and national laws to ensure they can use the Service.
The Client is solely responsible to ensure that the Automation, the collected Data and the use of the created Databases are compliance with applicable laws and regulations and the right of third parties.
13.2. Entire Agreement
The ToS prevail over any term which may potentially be applicable to the relationship between CAPTAIN DATA and the Client. The ToS cancel and replace any prior agreement between the Parties regarding the present object and are the entire agreement between the Parties regarding the object of the ToS.
No exclusivity is agreed upon by the Parties in these ToS. The Parties remain free to contract with any third party of their choice.
The termination of the ToS, for any reason, shall not terminate the terms which by their nature or content extend beyond the termination or expiration of the ToS.
If one or several terms of the ToS is not valid or declared as such due to a law, regulation or following a court decision, the term will be considered void and the other terms will remain fully in force.
If CAPTAIN DATA does not use its right to act against the Client in case of breach of the terms of the ToS, it shall not be interpreted for the future as a waiver of the obligation at issue and does not grant any right to the Client.
Delay or lack of use of a right by CAPTAIN DATA does not mean that CAPTAIN DATA renounces to its right.
No Party may enter into a binding agreement for the other Party. Each of the Parties remain solely responsible for its actions, allegations, obligations, service, products and employees.
The Parties agree that all electronic communications, such as email, will have full value of proof.
The Client acknowledges the value of proof of the automated recording systems of CAPTAIN DATA, and, especially those included in the Service, and, unless the Client provide contrary proof, the Client renounces their right to contest them in case of dispute.
13.9. Force majeure
In the performance of the ToS, CAPTAIN DATA will not be held liable if the Service cannot be provided, due to a force majeure event.
Force majeure is defined by law and legal rulings as any event unpredictable, irresistible and independent from the Parties.
In case of a force majeure event, CAPTAIN DATA will make its efforts to ensure the Service functions.
If the event continues, CAPTAIN DATA May terminate the Service, without notice and without being held liable.
The Parties elect domicile at the head office of their company. CAPTAIN DATA’s head office is listed in the ToS and the Client’s head office is indicated by the Client during registration and updated in case of change.
The Contract is governed by French law.
Any dispute regarding the execution or interpretation of the ToS, which has not been settled amicably, will be submitted to the Nantes Tribunal de Commerce, notwithstanding plurality of defendants or the introduction of third parties, even for summary or conservatory proceedings, by appeal or by petition.