The company Xingzap (hereinafter “Xingzap”) provides to its users (hereinafter the”Users“) a service enabling them to update the data in their customer, prospect and supplier databases (hereinafter the “Data”) through various operations on the Data, such as cleaning, correction, synchronization, enrichment, organization of the Data or the automatic detection and merging of duplicates. The services provided by Xingzap (hereinafter the “Services ") are accessible via the website https://www.xingzap.com (hereinafter the “Site”).
The purpose of these terms and conditions is to define the terms and conditions of use of the Services provided on the Site as well as to define the rights and obligations of the parties within this framework. They are accessible and printable at any time via a direct link at the bottom of the page of the Site. They may be supplemented, if applicable, by conditions of use specific to certain Services, which supplement these terms and conditions and, in the event of contradiction, prevail over the latter.
The Site and Services are intended exclusively for professionals within the framework of their activity.
Within this framework, the Services are thus accessible, subject to the restrictions provided on the Site:
Acceptance of these terms and conditions is notified in the registration form. This acceptance can only be full and complete. Any registration subject to reservation is considered null and void. Any User who does not agree to be bound by these terms and conditions must not use the Services.
IV.1 To use the Services, the User must :
In any case, the User must provide Xingzap with all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically entails the opening of an account in the User’s name (hereinafter the “Account”) which enables him to manage his use of the Services in a form and according to the technical means that Xingzap deems the most appropriate for rendering the said Services.
The User guarantees that all the information they give in the registration form or that they provide via the third-party sites referred to above is accurate, up to date and truthful and is not misleading in any way.
He undertakes to update this information in his Account in the event of changes, so that it always meets the above-mentioned criteria.
The User is informed and accepts that the information entered for the purpose of creating or updating his Account worth as proof of his identity. The information entered by the User binds them as soon as it is validated.
IV.2. The User may access to his Account at any time after having identified himself using his login name and password.
The User undertakes to use the Services personally and not to allow any third party to use them in his name or on his behalf, unless the User bears full liability.
He is likewise responsible for maintaining the confidentiality of his username and password, any access to the Site using such being deemed to be made by the User. The latter must immediately contact Xingzap at the contact details mentioned herein if he notice that his Account has been used without his knowledge. He acknowledges Xingzap's right to take all appropriate measures in such cases.
Xingzap provides a data sourcing service to the User.
The Services are specified on the Site, in a form and according to the features and technical means that Xingzap deems most appropriate.
To carry out the Services, Xingzap has 2 (two) offers (hereinafter the “Offers”):
The prices of the Services are specified on the Site.
For each Offer, several subscription packages (hereinafter the “Subscriptions”) may be selected. Depending on the Subscription chosen, the User will benefit from Xingzap's Services for a limited number of credits (hereinafter “the Credit).
The Credit is 1 (one) result sourced when carrying out of a search by Xingzap. It being specified that in the event of a duplicate, each element of the duplicate is deemed as an autonomous contact/search for pricing purposes.
If the actual number of Credits exceeds the maximum number authorized under the Subscription, the User is not automatically billed but asked to upgrade their Subscription.
The Credits not used by the User will be carried forward indefinitely to the next Period (as defined in the “Term of Services, Termination” article). However, the User will no longer benefit from his Units in the event of termination under the terms set out in the "Term of Services, Termination" article.
Unless otherwise stated, prices are in Euros and inclusive of tax.
Xingzap reserves the right, at its own discretion and according to the terms of which it shall be the sole judge, to propose promotional offers or price reductions.
VI.2 Price Review
The prices referred to in the “Prices” article may be revised by Xingzap at any time, at its own discretion.
The User will be informed of these changes by Xingzap by any written means deemed useful (and in particular by email) at least 1 (one) month before the new prices come into force. The User who does not accept the new prices must terminate his use of the Services in accordance with the terms set out in the “Term of Services, Termination” article.
Once entered into force, the new prices apply when the Subscription is renewed.
The Services are subject to invoices per Subscription Period as defined in the “Term of Services, Termination” article which are transmitted to the User by any means deemed useful.
VI.4. Methods of payment Payment
of the Subscription price is made by credit card or direct debit from the User's credit card number.
The direct debit is implemented by the company Stripe, which alone keeps the User's bank details for this purpose. Xingzap does not keep any bank details.
The price of the Subscription is due and is debited on the day the Subscription is taken out, and then on its anniversary date at the time of each renewal.
The User guarantees Xingzap that he has the necessary authorizations to use the chosen method of payment. The User undertakes to take the necessary steps to ensure that the price of the Subscription can be debited automatically.
VI.5 Late payments and payment incidents
The User is informed and expressly accepts that any late payment of all or part of a sum due on its due date will automatically, without prejudice to the provisions of the articles "Penalty for failure to pay" and "Duration of Services, Termination" and from the day following the payment date shown on the invoice :
The Services are subscribed to in the form of a Subscription.
The Subscription begins on the day of its subscription, subject to payment of the price in accordance with the article "Financial Conditions", for the period subscribed to by the User, which may be monthly or annual (hereinafter the "Initial Period"), from date to date.
It shall then be tacitly renewed for successive periods of the same duration as the Initial Period (hereinafter referred to, together with the Initial Period, as the "Periods"), from date to date, unless Xingzap or the User gives notice of termination, which may be given at any time.
In the event of Updating during the Period, it will be considered that the User has taken out a new Subscription. In this respect:
The User may terminate the Subscription by contacting Xingzap by email at the contact details indicated herein or directly via the chat tool available on the Site. Once the functionality is available, termination of the Subscription may also be made directly through the User's Account.
Cancellation of the Subscription by Xingzap is made by sending an email to the User.
Any Subscription Period begun is due in its entirety.
The User expressly acknowledges and accepts:
Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations.
9.1. The User undertakes, in his use of the Services, to comply with the laws and regulations in force and not to breach the rights of third parties or public order.
9.2. The User acknowledges having read on the Site the characteristics and constraints, in particular technical, of all the Services. He is solely responsible for his use of the Services.
9.3. The User undertakes to make strictly personal use of the Services. He therefore refrains from assigning, delegating or transferring all or part of their rights or obligations hereunder to any third party in any way whatsoever.
9.4. The User undertakes to provide Xingzap with all the information necessary for the proper execution of the Services. More generally, the User undertakes to cooperate actively with Xingzap in order to ensure the proper execution of this agreement.
9.5. When the Data is stored on the servers of a third-party service provider, the User expressly authorizes Xingzap to access his Data, and where applicable his account on the service provider's site, and to perform on the Data any operation necessary for the implementation of the Services. The User undertakes to take all useful measures and to provide Xingzap with all information necessary for this purpose.
9.6. The User is obliged to respect SMS marketing country policies which can be found the Site. Xingzap reserves the right at its own discretion to monitor sending statics to check for spam behavior. (See Sanctions for breaches)
9.7. The User Data must be collected respecting GDPR guidelines, in particular, any personal data must be collected via opt-in;
9.8. The User is informed and accepts that the implementation of the Services requires his to be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.
The User holds Xingzap harmless against any complaints, claims, actions and/or demands whatsoever that Xingzap may suffer as a result of the breach by the User of any of his obligations or warranties under these terms and conditions.
He undertakes to compensate Xingzap for any damage it may suffer and to pay all costs, charges and/or sentences it may have to bear as a result.
XI.1. It is strictly prohibited to use the Services for the following purposes:
XI.2. It is strictly prohibited for Users to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the Site.
XI.3. The following are also strictly prohibited: (i) any conduct likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into Xingzap's systems, (iii) any diversion of the Site's system resources, (iv) any action likely to impose a disproportionate burden on the Site's infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to harm the financial, commercial or moral rights and interests of Xingzap or users of its Site, and more generally (vii) any breach of these terms and conditions.
XI.4. It is strictly prohibited to monetize, sell or grant all or part of the access to the Services or to the Site, as well as to the information hosted and/or shared therein.
In the event of failure to comply with any of the provisions of these terms and conditions or, more generally, of breach of the laws and regulations in force by a User, Xingzap reserves the right to take all appropriate measures and in particular to:
XIII.1 Xingzap undertakes to provide the Services with due diligence and according to the rules of art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
XIII.2 As the Services are carried out by communication services providers and given the complexity of the SMS and voicemail protocol, Xingzap cannot guarantee that every prospect in the Data will be reached, and cannot be held liable in this respect.
XIII.3 As the Services are carried out by an algorithm using an automatic process, Xingzap cannot guarantee that the updating of the Data will be free of errors, in particular in the event of homonyms, and cannot be held liable in this respect. In the event of an error, Xingzap undertakes, at the User's request, to correct the said error as soon as possible.
XIII.4 Xingzap does not guarantee Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way provided solely to a given User according to his own personal constraints, will specifically meet his needs and expectations.
XIII.5 In any and all cases, the liability that may be incurred by Xingzap hereunder is expressly limited solely to proven direct damage suffered by the User.
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by Xingzap within the Site are protected by all intellectual property rights or rights of database producers in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Xingzap are strictly prohibited and may be subject to legal actions.
Xingzap has a personal data protection policy, the characteristics of which are specified in the document entitled "Personal Data Protection Charter", of which the User is expressly invited to become acquainted.
Xingzap reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions of which Xingzap shall be the sole judge.
Xingzap can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the User would have access through the Site.
Xingzap is also not responsible for transactions between the User and any advertiser, professional or merchant (including its possible partners) to whom the User is directed through the Site and shall not be party to any dispute whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and other obligations whatsoever to which these third parties are bound.
The User expressly authorizes Xingzap to quote him and to use, if necessary, the reproduction of his brand or logo as a commercial reference, in particular during events, in its commercial documents and on its website, in any form whatsoever.
XIX.1. Xingzap reserves the right to modify these terms and conditions at any time.
XIX.2. The registered User will be informed of such changes by any useful means at least 1 (one) month before they come into force. The amended terms and conditions will apply as of the renewal of the Subscription following their coming into force.
XIX.3. In case he does not accept the amended terms and conditions, he must unsubscribe from the Services in accordance with the terms and conditions specified in the “Term of Services, Termination” article.
XIX.4. Any User who uses the Services after the coming into force of the amended terms and conditions is deemed to have accepted these modifications.
In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be the French language in the event of a contradiction or dispute regarding the meaning of any term or provision.
These general terms and conditions are governed by French law. In the event of any dispute regarding the validity, interpretation and/or execution of these terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction, save conflicting mandatory rules of practice.
These terms and conditions came into force on 1 April, 2021.