Terms and Conditions of Sale and Use

Article 1. Publisher and definitions

1.1 The Partenar service is published by ... (the "Publisher" or "Partenar"). The Publisher can be contacted via the Contact page of the partenar.com website.

1.2 In these terms:

• Service: the Partenar online platform, available at app.partenar.com, which lists and analyses partnerships between brands and content creators.
• User: any person holding an Account, including during a free trial.
• Customer: any legal entity or professional who subscribes to a Subscription.
• Account: the personal space giving access to the Service.
• Subscription: the right to access the Service for a given term and price.
• Partenar Data: all data, indicators, rankings, estimates, analyses and content presented by the Service.

Article 2. Purpose and scope

2.1 These terms govern access to and use of the Service, including during a free trial, as well as the purchase of a Subscription.

2.2 The Service is intended exclusively for professionals acting in the course of their business. The User declares that they act in that capacity.

2.3 Creating an Account constitutes acceptance of these terms, recorded by a checkbox at sign-up. Purchasing a Subscription constitutes acceptance of these terms in the version in force on the payment date. These terms prevail over any general purchasing conditions of the Customer.

2.4 The provisions applicable to the Customer also apply to a User on a free trial, except those relating to price, invoicing and payment.

2.5 The Publisher may enter into specific terms (quote, Enterprise offer) which supplement these terms and prevail in case of conflict.

Article 3. Description of the Service

3.1 Partenar is a monitoring and intelligence platform for brand and creator partnerships. It notably makes it possible to view partnerships detected on social networks, visualise relationships between brands and creators, access indicators, rankings, valuation estimates and analyses, and query an artificial intelligence assistant.

3.2 The Service evolves continuously. The Publisher may add, modify or remove features without giving rise to any compensation, provided the Service keeps its general purpose.

3.3 Custom reports produced at the Customer's request are subject to a quote and to these terms.

3.4 The Publisher is bound by a best-efforts obligation.

Article 4. Free trial

4.1 The Publisher may offer a 7-day free trial, without entering a credit card, limited to one trial per organisation.

4.2 The trial gives read access to the Pro plan features, except for the following features, which are reserved for Customers:

• the AI assistant and analyses performed by artificial intelligence;
• adding and refreshing creators or brands;
• PDF and CSV exports;
• displaying contact details (email, phone) of contacts;
• valuation settings.

The number of results that can be browsed in lists may also be limited during the trial.

4.3 At the end of the trial, access is automatically suspended. No invoicing or subscription occurs without an express action by the User.

Article 5. Account and access

5.1 The User creates an Account with accurate and up-to-date information, using a professional email address. The User is responsible for keeping their credentials confidential and for any action performed from their Account.

5.2 Access is reserved for the Customer's employees. The Customer shall not assign, sub-license or share its credentials with third parties outside its organisation.

5.3 The Publisher may offer plans adapted to the number of users or to specific needs (Enterprise offer on quote).

5.4 The Publisher may suspend an Account in case of fraudulent use, unauthorised sharing of credentials or breach of these terms.

Article 6. Plans and prices

6.1 As of the date of these terms, the following plans are offered, all in euros excluding taxes:

• Pro monthly, no commitment: €479 excl. VAT per month, billed monthly.
• Pro annual, 12-month commitment: €4,308 excl. VAT per year (i.e. €359 excl. VAT per month), billed annually in advance.
• Enterprise: on quote.

6.2 VAT at the applicable rate (20% as of the date of these terms) is added to prices excluding VAT.

6.3 The Publisher may change its prices. Any change is notified to the Customer at least 30 days before the relevant renewal and does not apply to the current period.

Article 7. Term, renewal and termination

7.1 Monthly plan. The Subscription is entered into for one month and renews automatically for one-month periods. The Customer may terminate it at any time; termination takes effect at the end of the current monthly period. Any period started is due and is not refunded.

7.2 Annual plan. The Subscription is entered into for a fixed term of 12 months from subscription and renews automatically for 12-month periods. The Customer may object to renewal by giving written notice of termination, by email to the address shown on the Contact page of the partenar.com website, at least 30 days before the renewal date. As a courtesy, the Publisher may send a reminder before the renewal date; the absence of a reminder does not affect the renewal.

7.3 In case of termination before the end of the commitment period, amounts paid are not refunded and remaining instalments remain due.

7.4 Either party may terminate the Subscription by operation of law in case of a serious breach by the other party not remedied within 15 days of a written formal notice, without prejudice to any damages.

Article 8. Invoicing and payment

8.1 Payment is made by credit card through the payment provider Stripe, by bank transfer or by any other method agreed at subscription. Invoices are issued electronically and sent to the email address provided by the Customer.

8.2 Prices are payable in advance: at subscription and then at each monthly due date for the monthly plan, at subscription and then on each anniversary date for the annual plan.

8.3 In case of failed or late payment, the Publisher may remind the Customer and suspend access to the Service until payment is made.

8.4 Any late payment automatically incurs, without prior formal notice, late payment penalties calculated at three times the French legal interest rate, as well as a fixed recovery fee of 40 euros (articles L441-10 and D441-5 of the French Commercial Code), without prejudice to additional compensation upon proof.

8.5 No discount is granted for early payment.

Article 9. Availability and maintenance

9.1 The Publisher endeavours to make the Service available 24 hours a day, 7 days a week, without guaranteeing continuous availability. Interruptions may occur for maintenance, upgrades, or due to technical incidents or dependencies on third-party services.

9.2 No service level commitment is made, unless otherwise stipulated in an Enterprise offer.

Article 10. Partenar Data and nature of the indicators

10.1 Partenar Data is built from publicly available information using the Publisher's own automated processes, which may be supplemented by manual checks.

10.2 These processes are statistical in nature. The Publisher does not guarantee that Partenar Data is complete, accurate or up to date. Some profiles, brands or partnerships may be missing or imperfectly classified.

10.3 Valuation and price estimates are orders of magnitude calculated from averages and assumptions; they do not reflect amounts actually paid. AI assistant answers and analyses produced by artificial intelligence are generated automatically and may contain errors; they must be checked before any use.

10.4 The indicators provided (notably partnership rate, declared or undeclared status of a piece of content, brand identification, rankings) are decision-support elements. They constitute neither legal advice nor a qualification or certification of a content's compliance with applicable regulations, notably those relating to commercial influence.

10.5 The Customer remains solely responsible for its use of Partenar Data and for the decisions it makes on that basis.

10.6 The names, trademarks, logos and content of creators, brands and any other entities shown on the partenar.com website and in the Service belong to their respective owners. They are mentioned for information purposes only and do not imply any affiliation, partnership, sponsorship or endorsement between those entities and the Publisher.

Article 11. Intellectual property

11.1 The Publisher is the sole owner of the intellectual property rights in the Service, its source code, interfaces, algorithms, detection and calculation methodologies, trademarks, and the database it has built, of which it is the producer within the meaning of articles L341-1 et seq. of the French Intellectual Property Code. These terms grant the Customer no ownership rights.

11.2 The Publisher grants the Customer, for the term of its Subscription, a personal, non-exclusive, non-transferable and non-sublicensable right to use the Service for its internal business needs.

11.3 The Customer may export Partenar Data using the export features provided by the Service (PDF, CSV) for its internal needs, and occasionally use extracts of Partenar Data in its analyses and presentations to its own clients, provided the source (Partenar) is cited.

11.4 Unless the Publisher has given prior written consent, the Customer shall not:

• systematically extract or reuse, or extract or reuse a substantial part of, all or part of the database, outside the exports provided for in article 11.3;
• use robots, scripts or automated processes to collect Partenar Data;
• reverse engineer the Service or its detection and calculation methods;
• resell, redistribute or make available to third parties the Service or Partenar Data;
• use the Service or Partenar Data to develop, train or feed a competing service or facilitate its development.

11.5 Any breach of this article entitles the Publisher to immediately suspend access to the Service and to claim compensation for the damage suffered.

Article 12. Personal data

12.1 The Publisher processes Users' personal data (identity, email address, company, usage data) as data controller for the purposes of providing the Service, invoicing, support and improving the Service, in accordance with Regulation (EU) 2016/679 and the French Data Protection Act. Users have the rights of access, rectification, erasure, objection and restriction, which they exercise via the Contact page of the partenar.com website, as well as the right to lodge a complaint with the CNIL.

12.2 The Service displays information made public by content creators and brands on social networks, as well as professional contact details of people working at brands. Any data subject may request access to, rectification or deletion of their data, or object to its processing, via the Contact page.

12.3 The Customer acts as an independent data controller for its use of the personal data viewed or exported from the Service, notably contact details. It undertakes to use such data only for professional purposes related to the data subjects' role, to comply with applicable data protection and direct marketing regulations, to inform the people it contacts, to act on their objection requests and not to keep such data longer than necessary. The Customer indemnifies the Publisher against any claim resulting from non-compliant use of such data.

Article 13. Confidentiality

Each party undertakes to keep confidential the non-public information of the other party of which it becomes aware in performing these terms, for the term of the Subscription and for 3 years after its end.

Article 14. Liability

14.1 The Publisher is bound only by a best-efforts obligation. It shall not be liable for indirect damage, such as loss of revenue, customers, opportunities, reputation or data, or the consequences of business decisions made by the Customer on the basis of Partenar Data.

14.2 The Publisher's total liability, for all damages combined, is limited to the amounts actually paid by the Customer for the Subscription during the 12 months preceding the event giving rise to liability.

14.3 The limitations in this article do not apply in case of gross negligence or wilful misconduct by the Publisher, nor to personal injury.

14.4 Neither party is liable for a failure due to force majeure within the meaning of article 1218 of the French Civil Code.

Article 15. Changes to these terms

The Publisher may amend these terms. Changes are notified to the Customer at least 30 days before they take effect and apply from the next renewal. A Customer who does not accept them may terminate its Subscription under article 7 before they take effect.

Article 16. Governing law and jurisdiction

16.1 These terms are governed by French law.

16.2 In case of dispute, the parties shall endeavour to settle it amicably. Failing that, the Commercial Court of Marseille has exclusive jurisdiction, including in case of multiple defendants, third-party claims or urgent or protective proceedings.