CGU

SPITCHE PLATFORM

TERMS OF USE

Welcome to SPITCHE Platform! 

You (the “User” or “You”) have been authorized to access the SPITCHE Platform because the entity for whom You work or an entity of the same group (the “Client”) has signed a contract (the “Contract”) with SPITCHE (“SPITCHE”) granting access to the Platform. 

These Terms regulate the access to, and use of, the Platform by Users.

Definitions

Ambassador”

means an individual person who registers to the Client’s brand marketing program and engages with the Client’s brand by creating content, implementing actions recommended by the Client and engaging with the Client’s community.

User” or “You

means an individual person authorized by Client to access the Client SPITCHE account, whether as admin or as user, on behalf of Client.

“Client”

means the entity who signed a contract with SPITCHE to create a brand Ambassador program through the Platform.

Platform” 

refers to SPITCHE’s proprietary software delivered to the Client in SaaS mode and enabling (i) Client to identify and engage a base of brand Ambassadors among its community, (ii) Ambassadors to engage with their favorite brands, implement actions and create UGC.

“UGC” or “User-Generated Content”

means content created, generated, uploaded by Ambassadors in/to/with social media, and then automatically uploaded to the Platform.

Access to the Platform

To access the Platform, You have chosen access codes or have been granted access codes. To ensure the security of the Platform, You must: 

(i) Keep all usernames, passwords and IP addresses strictly confidential and notify SPITCHE immediately of any unauthorized use of passwords or accounts or any other breach of security that is known or suspected. 

(ii) Inform Client or SPITCHE immediately if You believe unauthorized activity has taken place on Your account.

Restrictions of use

Use of the Platform must be in accordance with all applicable laws and regulations related to the Platform (which includes laws on data privacy, communications and transmission of information).

The Client is not allowed to carry out the following actions, and as User of the Platform, You must not facilitate this:

  • use the Platform for any use other than for the Client’s purposes; 
  • provide access to the Platform to any person who is not authorized to access it pursuant to the Agreement.
  • reproduce or distribute, in whole or in part, the Platform;
  • modify, translate, reverse engineer, decompile, disassemble the Platform, or otherwise attempt to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms in the Platform or components thereof, including any such mechanism used to restrict or control the functionality of the Platform, or to derive the source code or the underlying ideas, algorithms, structure or organization from the Platform or any components thereof; 
  • alter, adapt, modify or translate the Platform in any way for any purpose, including error correction; 
  • distribute, rent, loan, lease, transfer, or grant any rights in the Platform or modifications thereof in any form to any person except to the extent expressly permitted under this Policy or the Agreement, or with the prior written consent of SPITCHE;
  • file any patent or other applications for intellectual property protection with respect to the Platform; nor 
  • set up a Platform in competition with the Platform or SPITCHE’s activities.

Your personal data  

Your personal data as User (username and log-on, IP address, Platform activity…), is processed by SPITCHE. Please see SPITCHE Privacy policy for more information.

User Generated Content

The Platform allows Users and Ambassadors to upload and share information, content, including data about themselves. You confirm that any User Generated Content that (i) you make available or create whilst using social media linked to the Platform and (ii) you require / allow Ambassadors to upload or generate, will comply with these Terms of use and all applicable laws and regulations.

User must not or allow Ambassadors to : 

  • give any false or misleading information about themselves;
  • send junk, spam or repetitive messages, advocate, promote or engage in any illegal or unlawful conduct (including fraud or the sale of counterfeit or stolen items) or conduct that causes damage or injury to any person or property;
  • submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue, inaccurate or offensive;
  • submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties;
  • submit or contribute any information or commentary about another person without that person’s permission;
  • ask for or share sensitive personal data such as health-related data, political or religious opinions, sexual preferences etc.

Users authorize SPITCHE to publish and redistribute User Content for the duration of copyright and on a worldwide basis.

Intellectual Property 

SPITCHE and its licensors hold all rights, title and interest, including all intellectual and industrial property rights, in the Platform and the SPITCHE technology, software, contents, apps, and any user interface. All rights that are not expressly granted to Client in the Agreement remain reserved to SPITCHE and its licensors. Your right to access the Platform do not confer to You or the Client any property right to or in the Platform.

Disclaimer

The Platform will be provided according to the general standards of the sector applicable to this technology and to the online help documents of the Platform in normal circumstances. 

Other than expressly stated in the Agreement, the Platform is provided “as is” and all other implicit or explicit conditions, representations and warranties, whether legal or of any other kind, including without limitation warranty of merchantability, satisfactory quality, or fitness for a particular purpose or non-infringement, are disclaimed to the maximum extent permitted by the applicable law. There is no warranty that the Platform will be uninterrupted or error free; nor any warranty as to the results that may be obtained from the use of the Platform or as to the accuracy, reliability, or content of any information or Platforms contained in or provided through the Platform. 

Confidentiality

All commercial and technical information transferred to You through the Platform, whether it’s User’s data, or technical data relating to the Platform, or the terms of the present policy, must be maintained confidential. As user of the Platform under the Agreement, You agree to use confidential information solely in relation with the use of the Platform and shall take all reasonable precautions necessary to safeguard the confidentiality of such information. You shall not be restricted under this section with respect to information in the public domain, or information already in Your possession without confidentiality obligations, or information required to be disclosed by law, court order or other legal process (provided that notice of such disclosure shall be promptly given to SPITCHE).

Termination 

In the event of termination of the Client’s subscription, unless otherwise agreed in writing in the Agreement, Your User rights to access or use the Platform will terminate.

Failure to comply with these Terms of use

Failure to comply with these rules constitutes a serious breach of these Terms, and may result in our taking all or any of the following actions (with or without notice):

  • immediate, temporary or permanent withdrawal of the Client’s Platform account;
  • immediate, temporary or permanent removal of any User Generated Content;
  • issuing of a warning to You or Client;
  • legal action against Client including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The actions described in this paragraph are not limited, and we may take any other action we reasonably deem appropriate.