General conditions of use
Last updated: November 2, 20222
The following terms have the following meaning in the General Terms and Conditions of Use (hereinafter "GCU") when capitalized :
- "Application": means the mobile application edited by ZEKOLAB allowing access to the Platform, available on iOS and Android. The maintenance and operation of the Application is the business and expertise of ZEKOLAB.
- "Brief": means a contractual document drafted by the Brand via the Platform and sent to the Influencer in order to clarify the terms of a possible Collaboration between them. The validation of a Brief by an Influencer allows the beginning of a Collaboration and a contractual relationship between him/her and the Brand at the origin of this Brief.
- "Collaboration" means a contractual relationship between the Brand User and the Influencer User after validation of a Brief.
- "Account": means a User's dedicated and individualized digital space on the Platform. It can be created and is accessible via the Application.
- "Influencer": refers to a User, a natural or legal person, present on social networks and registered with the Service, who carries out an influence campaign with an advertiser or an agency, via the Platform.
- "Brand": means a User, natural or legal person, who represents a "sign" used to distinguish products or services from those of competitors and who carries out an Influencing Campaign, through the Platform.
- "Party" means a party to the GCU, which may be a User or ZEKOLAB.
- "Platform": means the digital platform operated by ZEKOLAB and accessible from the Site or the Application.
- "Services": means the services offered by ZEKOLAB on the Site or on the Application and allowing Users who have accepted these GTC to communicate information about their activities and needs.
- "Site": means the website accessible under the URL www.zekolab.com or any other URL that may be added to or substituted for it.
- "ZEKOLAB": refers to the company ZEKOLAB, a simplified joint stock company, located at 7 Allée des Saules, 56850 CAUDAN, registered with the RCS of LORIENT under the number 914 246 996.
- "User": means the natural or legal person who uses the Site or the Application, on a personal basis, and who meets the conditions defined herein.
The purpose of these GCU is to define the terms and conditions for accessing the Website and the Application and for using the Platform, as well as to define the rights and obligations of Users in connection with the use of the latte
The purpose of the Platform is to connect Brands and Influencers.
The GCU do not govern the contractual relationship formed between Users. In its capacity as operator of the online Platform, ZEKOLAB does not assume any obligation or responsibility for the contractual relationship formed between Users, ZEKOLAB's role being limited to the operation of the Platform, the constitution and maintenance of the database it contains.
3. Acceptance and modification of the GCU
3.1. Acceptance of the GCU
Access to and use of the Site, the Application and the Platform imply the User's unreserved acceptance of these GCU, in their latest online version.
The present GCU come into force and become opposable to the User as soon as they are accepted by the latter. Indeed, at the time of the creation of the Account, the future User commits himself to read the present GCU and to accept them. Users may not create an Account without accepting these GCU. The GCU represent an indivisible whole and therefore apply in their entirety to Users who accept them.
If the Application has been downloaded from iOS or Android, the User agrees to comply with the terms and conditions specific to these two platforms, without prejudice to the full application of these GCU which shall prevail.
In the event of a breach by a User of any of the obligations defined in these GCU, ZEKOLAB reserves the right to suspend, temporarily or permanently, without notice or compensation, the Account of such User.
The GCU can be accessed at any time under the "GCU" link at the bottom of any page of the Site. They can be saved and/or printed by the User for conservation purposes.
3.2. Evolution and modification of the GCU
In order to improve its operation and quality and due to the constant evolution of the digital sector, ZEKOLAB regularly evolves the features and functionalities of its Platform, its Site and its Application. Thus, ZEKOLAB may add, delete or modify certain features at any time and the Platform, the Site and the Application are regularly updated automatically.
The User shall be informed by email of substantial changes to the GCU within a reasonable period of time before the new version of the GCU comes into effect. This period may vary depending on the extent of the changes and their substantial nature..
The User will be bound by these modifications as soon as he has accepted them. In case of disagreement with these modifications, the User shall indicate it to ZEKOLAB by any means and he will no longer have access to all the features of the Platform. User shall also be free to close his Account in accordance with Article 9 of these GCU.
The Website is accessible from the following devices: computer, tablet or smartphone, provided that you have Internet access.
The Application and the Platform are accessible from the following devices: tablet or smartphone, subject to having internet access.
The use of the Platform, the Website and the Application is free of charge.
However, the User shall bear the cost of the equipment used and of his or her Internet access.
The Services are intended to serve a lawful purpose that is not prejudicial to a third party, and the User acknowledges and warrants that it will respect this purpose.
The Platform connects Brand and Influencer Users and ZEKOLAB ensures that the Collaborations between them take place in the best possible conditions, without guaranteeing a perfect Collaboration. In no event shall ZEKOLAB be liable for any misunderstanding between Users.
As a Brand User, the Platform allows you to create your profile by indicating your various information related to your activity, to have access to Influencer Users' profiles and make your profile visible to them, to filter them and to launch Collaborations with them thanks to the integrated messaging system and the brief.
As an Influencer User, the Platform allows you to create your profile by indicating your various information related to your identity, to have access to Brand Users' profiles and make your profile visible to them, to filter them and to launch collaborations with them thanks to the integrated messaging system and the Brief.
5. Account creation, access, use and security
Any natural person wishing to create an Account can register by indicating through the Application :
- That he or she is a Brand and therefore providing his or her brand name, email address, phone number, brand logo, as well as the theme of his or her brand.
- That he is an Influencer and therefore his nickname, email address, phone number, age, profile picture and the theme of his Influencer account.
The User guarantees to ZEKOLAB that the natural person in charge of creating the Account is of age, has the power and legal capacity to create the Account in the name and on behalf of the User and that the information provided is accurate. In particular, the User undertakes to choose the category of User that is really applicable to its activity and/or to the use it intends to make of the Platform.
ZEKOLAB reserves the right to modify certain information provided by Users, in particular the number of Influencers' subscribers, in the event that this information does not reflect reality.
ZEKOLAB remains free to accept or refuse a registration request, and reserves the right to suspend the Account of a User, under the conditions of Article 9 of these GCU, who does not respect these GCU.
5.2. Access and use
Access to and use of the Platform is exclusively reserved for Users who have accepted the GCU. Each User understands and accepts that he/she is responsible for the access and use of his/her Account and must make personal use of it.
The creation of an Account does not give access to all the functionalities of the Platform. The User understands and accepts that access to all the features of the Platform and its full and complete use is subject to the provision of the required data, according to the category of User to which he belongs. These documents are defined in article 4.1 of these GCU.
Except in the event of technical failure attributable to ZEKOLAB or force majeure, each User is responsible for the confidentiality and security of his identification and connection data as well as his payment data
The User is strongly advised to change his password at regular intervals through his Account and to use a secure password, avoiding easily identifiable combinations.
If User has reason to believe that User's login information (in particular, User ID or password) has been lost, stolen, misappropriated or otherwise compromised, or in the event of any unauthorized use of User's Account, User should immediately notify ZEKOLAB by email at firstname.lastname@example.org. In the absence of such notification, any use of the Account or Platform shall be deemed to have been made by User.
In such a situation and/or in the presence of a potential or proven threat to the security or confidentiality of the Account and associated login and identification data, User authorizes ZEKOLAB to take all appropriate measures to prevent unauthorized access to the Account (e.g., resetting the password and user ID, blocking current and/or future payment transactions, or suspending access to the Account).
6. The User's obligations
The User undertakes to use the Services exclusively for personal and non-commercial purposes, and to comply with all applicable laws and regulations. Indeed, the User undertakes to comply with all legal and regulatory provisions as well as with the procedures that apply to him/her, both with regard to access to the Site and the Application and the use of the Services. The User may not use the Services of the Site and the Application to engage in activities prohibited by law and good morals.
In this respect, the User undertakes in particular not to use any means whatsoever which would have the purpose or effect of overloading, disabling, altering or damaging the Services or the server on which it is hosted, or more generally to interfere with the proper functioning of the Services.
User warrants that the information provided is accurate and complete and agrees to keep it up to date or to notify ZEKOLAB of any errors or changes in the information. The User also agrees not to create a false identity that could mislead ZEKOLAB and not to impersonate any third party.
The User remains solely responsible for any damage he or she may cause to ZEKOLAB or any third party by using the Services.
The User agrees to indemnify and hold ZEKOLAB harmless from any and all claims that may be made against it in connection with any legal action brought by a third party due to the User's wrongful use of the Site, the Application and/or the Services, particularly in the event of a breach by the User of the obligations set forth in these GCU.
7. ZEKOLAB's commitments
ZEKOLAB strives to provide on the Site and the Application information as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether or not they are its fault.
All information on the Site and the Application is given as an indication, and is likely to change. Moreover, the information on the Site and the Application is not exhaustive.
ZEKOLAB undertakes to provide the User with the Services on its Site and Application and to make its best efforts to ensure their accessibility and proper functioning
In this respect, it undertakes to ensure that the Site and the Application are accessible 24 hours a day, 7 days a week, except in cases of force majeure and subject to any breakdowns and maintenance and updating operations necessary for the proper functioning of the Site and the Application. Due to the specificities of the Internet and telecommunication networks, ZEKOLAB cannot guarantee a permanent availability of its Site and its Application.
In the event of a malfunction or an anomaly disrupting the proper functioning of the Platform, ZEKOLAB undertakes to make its best efforts to restore the situation.
ZEKOLAB shall not be liable for any inability to access the Site, the Application and/or to use the Services. ZEKOLAB shall not be liable for any direct or indirect damage caused to the User's equipment when accessing the Site and the Application and resulting either from the use of equipment that does not meet the specifications indicated in these GCU, or from the appearance of an anomaly or incompatibility. ZEKOLAB shall also not be liable for any indirect damages (such as loss of opportunity) resulting from the use of the Site and the Application.
In accordance with its status as an online platform operator, ZEKOLAB is committed to facilitating the connection between Brands and Influencers. Users understand and agree, however, that ZEKOLAB cannot guarantee Users a minimum number of connections.
8. ZEKOLAB's liability
Users acknowledge and agree that the liability of ZEKOLAB is limited to its role as operator of the Platform.
Without prejudice to the insurance offered in the context of the use of the Platform, ZEKOLAB's liability shall in no case be incurred for causes external to it, and in particular in the following cases :
- Any direct or indirect damage suffered by a User or a third party during the Use of the Platform, in particular in the case of a connection between Brands and Influencers, since in its capacity as operator of the Platform, ZEKOLAB is not a party to any contracts between Users and is not responsible for their execution ;
- When a User provides inaccurate information in his Account and on the Platform ;
- When a User violates a stipulation of these GCU ;
- In case of damage caused by a third party;
- In case of force majeure.
In addition, ZEKOLAB shall not be liable for the consequences of fraudulent use of a User's login details, except in the event of a technical failure attributable to ZEKOLAB, nor for any prejudice arising from the provision of incorrect personal information in an Account.
ZEKOLAB provides on the site a Frequently Asked Questions (hereinafter "FAQ") specific to Brands and one specific to Influencers for their use. The User understands and agrees that ZEKOLAB does not guarantee that the information contained therein is up-to-date with current legislation and/or professional practices. The FAQ is provided for information purposes only and is not a substitute for consulting official sources (laws, official government information). The User expressly acknowledges that ZEKOLAB cannot be held responsible for the information provided in the FAQ.
The Site and/or the Application may contain links to third party websites. The linked sites are not under the control of ZEKOLAB, which is not responsible for the content of these linked sites.
9. Duration, suspension and termination
These GCU remain in effect as long as a User uses or has access to the Platform. The present GCU are concluded for an indefinite period of time as from its acceptance through the creation of the Account. Each Party may therefore terminate it at any time under the conditions described in Article 9.3 below.
9.2. Suspension of access to the Platform
When a User has failed to comply with one of its commitments under these GCU, ZEKOLAB may temporarily and without notice suspend access to the Platform or to some of its features, while the User clarifies the situation. ZEKOLAB may permanently terminate access to the Platform if the User does not provide a satisfactory response within eight (8) days of the request for clarification. Otherwise, ZEKOLAB may restore access to the Platform.
9.3. Termination with a notice period
ZEKOLAB and Users are free to terminate the GCU at any time and without having to justify any reason by sending an email or letter, with acknowledgement of receipt, with a two (2) weeks notice.
9.4. Termination without notice and without formal notice
In the event of a serious breach of any of the provisions of these GCU, ZEKOLAB and the Users may terminate the GCU without notice or prior notice.
- For the User:
- the fact of failing to comply with several commitments contained in these GCU;
- bad faith on the part of the User and/or lack of willingness to use the Platform in accordance with its purpose;
- repeated conflicting interactions with other Users, either online or physically in the context of a matchmaking process;
- providing false information or using the Platform for illegal purposes.
- For Zekolab :
- repeated technical malfunctions preventing the proper use of the Platform by Users.
9.5. Effects of termination/suspension
The termination or suspension of these GCU entails the interruption of access to the Account and the Platform.
In case of suspension of these GCU, the User can connect to his Account and modify his personal information but will only have access to limited features of the Platform.
This contractual termination will occur without prejudice to any damages that may be claimed by the defaulting Party due to such breach or termination, and without the User being able to claim any reimbursement and/or compensation for any loss suffered by him or a third party due to such breach or termination.
10. Autonomy and Independence
Both Users and ZEKOLAB acknowledge that these GCU do not establish a hierarchy or any kind of subordination between them.
Users and ZEKOLAB shall conduct their business in complete autonomy and independence, each bearing the risks of their own business.
The Users are free to organize their activity in full independence, they are thus free to use the Platform as much as they wish in compliance with the present GCU.
Users are not subject to any exclusivity obligation towards ZEKOLAB and ZEKOLAB does not guarantee any minimum number of connections. Users are free to use other platforms, to develop their business by any other means.
11. Intellectual Property
The elements constituting the Site and the Application as well as its contents including data, texts, still or animated images, logos, sounds, graphics, files, are the exclusive property of ZEKOLAB and are protected by copyright, just like the Site and the Application as a whole.
Any representation, reproduction, distortion and/or exploitation, in whole or in part, of the Site, the Application or any of the elements that make them up, without the express prior authorization of ZEKOLAB, are prohibited and would constitute an infringement punishable under Articles L.335-2 et seq. of the Intellectual Property Code.
Each User acknowledges and agrees that access to the Site and the Application does not imply any transfer or grant of intellectual property rights and other rights to the benefit of the User.
The databases accessible through the Site and the Application are protected by the Intellectual Property Code and ZEKOLAB is the producer as well as the author.
Any extraction, reuse, storage or reproduction in whole or in part, qualitatively or quantitatively substantial of the content of the databases without the express prior authorization of ZEKOLAB is expressly prohibited in accordance with Articles L.342-1 et seq. of the Intellectual Property Code.
The trademarks and logos appearing on the Site and the Application are registered trademarks of ZEKOLAB.
Any reproduction, imitation or use, in whole or in part, of these distinctive signs without the express prior authorization of ZEKOLAB and in violation of the prohibitions set forth in Articles L.713-2 et seq. of the French Intellectual Property Code shall engage the responsibility of their author.
The other distinctive signs, in particular the corporate names, acronyms, trade names, signs, domain names reproduced on the site are the property of ZEKOLAB and any reproduction without prior express authorization is likely to constitute usurpation engaging the responsibility of its author on the basis of Article 1240 of the Civil Code.
The Site and the Application may contain hyperlinks to other websites and these links to these other resources will cause you to leave the Site and the Application. Consequently, ZEKOLAB declines all responsibility for the content and services present on these other websites. The User may not, without the prior written authorization of ZEKOLAB, set up a hypertext link to the Site and the Application on a third-party site.
12. Personal data
ZEKOLAB undertakes to comply with the regulations in force on the processing of personal data and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and Law No. 78-17 of 6 January 1978 on information technology, files and freedoms in its current version.
A cookie is a small computer file, containing information, saved on your equipment. It allows us to analyze the behavior of users when they visit a website, read an e-mail, install or use a software or a mobile application.
ZEKOLAB and all Users agree to keep strictly confidential all or part of the confidential information listed below, regardless of the medium, which may have been communicated to it by ZEKOLAB or by another User and/or which it may have become aware of during the performance of these GCU.
In this context, ZEKOLAB and all Users agree not to disclose any data that may be collected during the use of the Site, the Application and the Platform.
In this regard, ZEKOLAB will impose a confidentiality undertaking on all of its employees.
However, this confidentiality undertaking is not applicable where such information is in the public domain at the time it is received.
If disclosure of such information is required by law or regulation, ZEKOLAB or the User shall, to the extent possible, notify the individual in writing as soon as possible before making such disclosure.
This confidentiality undertaking shall apply for the duration of access to the Platform services and shall continue to apply for a period of three (3) years after the termination of such access.
15. The transfer of the GCU
The User authorizes ZEKOLAB to transfer all its rights and obligations under its contractual relations with the User to any third party without their prior consent.
In particular, in the event of a merger by incorporation of a new company, contribution, takeover, demerger or any change of control affecting ZEKOLAB, the contractual relations shall continue without ZEKOLAB having to inform or obtain the consent of the Users.
The fact that one of the Parties does not avail itself of a breach of one of the stipulations of these GCU by the other Party, either permanently or temporarily, shall not be considered as a waiver of the rights arising from that stipulation.
The stipulations of the present GCU, express the entire agreement between the Parties. They prevail over any proposal, exchange of letters prior and subsequent to the conclusion of the present agreement and over any other stipulation exchanged between the Parties in relation to the subject matter.
In the event that one or more of the stipulations of these GCU are declared null and void by a change in legal or regulatory provisions or by a court decision, this shall not affect the validity of the other clauses and compliance with these GCU, unless the clause declared null and void is essential, modifies the interdependence of certain stipulations or modifies the general structure of the GCU.
In this case, the disputed clause will be deleted and replaced by a legal clause.
The Parties undertake to act in good faith and to respect the balance of these GCU until the situation is re-established.
19. Dispute resolution and mediation for Users
In the event of a dispute between Users, they agree to seek an amicable resolution. The status of ZEKOLAB being limited to its role as operator of the online Platform, it is recalled that its responsibility cannot be sought in case of dispute relating to any relationship between the Users, such as for example the execution of a possible contract between the Users.
However, in the event of a dispute between Users, ZEKOLAB may play an intermediary role in order to reach an amicable resolution of the dispute, without ZEKOLAB having any obligation, of means or of result, in this respect and without making any particular commitment. For any claim, the User may contact ZEKOLAB by e-mail at the following address: email@example.com
20. Applicable Law
These GCU are governed by and construed in accordance with French law.
21. La juridiction compétente
In the event of a dispute relating to the formation, validity, interpretation or performance of these GCU, the Parties shall seek an amicable solution. In this context, each User undertakes before any other diligence to attempt to resolve its dispute directly with ZEKOLAB, by written complaint addressed to ZEKOLAB at the following e-mail address: firstname.lastname@example.org
Failing to reach an amicable solution within fifteen (15) days from the first amicable discussion, the Parties shall be subject to the exclusive jurisdiction of the courts of LORIENT.