General conditions of use

If our General Conditions of Use changes, we will modify the text below. Therefore, we invite you to consult our General Conditions of Use regularly.

1. Definitions

The following terms have the meanings given in the General Terms of Use (hereinafter referred to as “GTU”) and the General Terms of Sale (hereinafter “GTS”) when they are written with a capital letter:

• “Subscription”: refers to the paid contractual relationship between the Brand User and ZEKOLAB, allowing this User to access additional information and services.
  
  
• “Application”: refers to the mobile application published by ZEKOLAB providing access to the Platform, available on iOS and Android. The maintenance and operation of the application constitute the activity and expertise of ZEKOLAB.
  
  
• “Brief”: refers to a contractual document drafted by the Brand via the Platform and sent to the Influencer to clarify the terms of a possible Collaboration between them. The validation of a Brief by an Influencer initiates a Collaboration and a contractual relationship between the Influencer and the Brand that created the Brief.
  
  
• “GTU”: refers to these General Terms of Use, which govern the contractual relationship between Users.
  
  
• “GTS”: refers to these General Terms of Sale, which govern the contractual relationship between Users.
  
  
• “Collaboration”: refers to a contractual relationship between the Brand User and the Influencer User after the validation of a Brief.
  
  
• “Account”: refers to the dedicated and individualized digital space of a User on the Platform. It can be created and accessed via the Application.
  
  
• “Influencer”: refers to a User, an individual or a legal entity, present on social networks and registered with the service, who conducts an influence campaign with an advertiser or agency through the Platform.
  
  
• “Brand”: refers to a User, an individual or a legal entity, representing a “sign” used to precisely distinguish products or services from those of competitors and who conducts an influence campaign through the Platform.
  
  
• “Party”: refers to a contracting party to the GTU/GTS and/or the Subscription, which can be a User or ZEKOLAB.
  
  
• “Platform”: refers to the digital matchmaking platform operated by ZEKOLAB and accessible from the Site or the Application.
  
  
• “Services”: refers to the services offered by ZEKOLAB on the Site or the Application, allowing Users who have accepted these GTU/GTS to communicate information about their activities and needs.
  
  
• “Site”: refers to the website accessible at the URL www.zekolab.com or any other URL that may be added 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 LORIENT Trade and Companies Register under number 914 246 996.
  
  
• “User”: refers to the individual or legal entity using the Site or the Application personally and meeting the conditions defined herein.

2. Purpose

The purpose of these GCU/GCS is to define the terms of access to the Site and the Application and the use of the Platform, as well as to outline the rights and obligations of Users in connection with their use.

The Platform aims to connect Brands and Influencers.

The GTU/GTS do not govern the contractual relationship formed between Users. As an online platform operator, ZEKOLAB assumes no obligations or responsibilities for the contractual relationships formed between Users, its role being limited to operating the Platform and maintaining the database it contains.

3. Acceptance and Modification of the GTU/GTS

3.1. Acceptance of the GTU/GTS

Access to and use of the Site, the Application, and the Platform imply unconditional acceptance of these GTU/GTS by the User, in their latest online version.

These GTU/GTS take effect and become binding on the User upon their acceptance. Indeed, at the time of Account creation, the future User agrees to read and accept these GTU/GTS. Users cannot create an Account without accepting these GTU/GTS. The GTU/GTS constitute an indivisible whole and apply entirely to Users who accept them.

If the Application has been downloaded from iOS or Android, the User agrees to comply with the general conditions specific to these two platforms, without prejudice to the full application of these GTU/GTS, which prevail.

In the event of a breach by a User of any of the obligations defined in these GTU, ZEKOLAB reserves the right to suspend, temporarily or permanently, without notice or compensation, the Account of this User.

The GTU/GTS are accessible at any time via the “GTU & GTS” link at the bottom of all Site pages. They can be saved and/or printed by the User for preservation purposes.

3.2. Evolution and Modification of the GTU

To improve its operation and quality and due to the constant evolution of the digital sector, ZEKOLAB regularly updates the features and functionalities of its Platform, Site, and Application. Thus, ZEKOLAB may add, delete, or modify certain functionalities at any time, and the Platform, Site, and Application are updated automatically and regularly.

The User is informed by email of substantial modifications to the GTU within a reasonable period before the new version of the GTU takes effect. This period may vary depending on the extent and nature of the changes.

The User will be bound by these modifications once they have been accepted. In case of disagreement with these modifications, the User must inform ZEKOLAB by any means and will no longer have access to all Platform functionalities. The User is also free to close their Account in accordance with Article 9 of these GTU.

4. Services

4.1. Accessibility

The Site is accessible from the following devices: computer, tablet, or smartphone, provided there is an internet connection.

The Application and the Platform are accessible from the following devices: tablet or smartphone, provided there is an internet connection.

Users can use the Platform, Site, and Application for free, but they can also add paid features.

However, the User is responsible for the cost of the equipment used and their internet access.

4.2. Description

The Services are intended for a lawful purpose that does not harm third parties, and the User acknowledges and guarantees that they will respect this purpose.

The Platform connects Brand Users and Influencers, and ZEKOLAB ensures that Collaborations between them proceed under the best possible conditions, without guaranteeing a perfect Collaboration or even a minimum of Collaboration. In no case can ZEKOLAB be held responsible for any disagreement between Users.

As a Brand User, the Platform allows you to create your profile by indicating your various activity-related information, access Influencer User profiles, and make your profile visible to them, filter them, and initiate Collaborations with them through the integrated messaging and brief system.

There are two plans:

The completely free plan does not allow the Brand User to:

• See all Influencer profiles;
• Carry out more than two (2) simultaneous Collaborations;
• Access the statistics feature.

The paid plan gives access to the PRO Version, allowing the Brand User to:

• Unlock and view all Influencer profiles;
• Carry out unlimited simultaneous Collaborations;
• Access the statistics of Influencer profiles for more information about them.

As an Influencer User, the Platform allows you to create your profile by indicating your various identity-related information, access Brand User profiles, and make your profile visible to them, filter them, and initiate Collaborations with them through the integrated messaging and brief system.

5. Account Creation, Access, Use, and Security

5.1. Creation

Any individual wishing to create an Account can register via the Application by providing: If they are a Brand, by providing their brand name, email address, phone number, brand logo, and brand theme.

If they are an Influencer, by providing their username, email address, phone number, age, profile photo, city of residence, and influencer account theme. Additionally, when registering, the Influencer must synchronize their ZEKOLAB account with at least one of their social networks. The social networks that can be linked are: YouTube, TikTok, Instagram, and LinkedIn. To register on ZEKOLAB, a minimum of 2000 followers on Instagram or 5000 followers on TikTok is required (no minimum is required for YouTube and LinkedIn).

The User guarantees to ZEKOLAB that the individual responsible for creating the Account is an adult, has the authority and legal capacity to create the Account on behalf of the User, and that the information provided is accurate. In particular, the User agrees to choose the User category that truly applies to their activity and/or the intended use of the Platform.

ZEKOLAB remains free to accept or refuse a registration request and reserves the right to suspend a User’s Account, under the conditions of Article 9 of these GTU/GTS, if the User does not comply with these GTU/GTS.

5.2. Access and Use

Access to and use of the Platform is exclusively reserved for Users who have accepted the GTU/GTS. Each User understands and accepts that they are responsible for accessing and using their Account and must use it personally.

Creating the Account does not entail access to all Platform features. The User understands and accepts that full access to all Platform features and its complete use is subject to the provision of required data, depending on the User category they fall into and the plan chosen, in accordance with Article 4 of these GTU/GTS.

5.3. Security

Except for technical failures attributable to ZEKOLAB or force majeure, each User is responsible for the confidentiality and security of their identification, connection, and payment data.

It is highly recommended that the User change their password regularly through their Account and use a secure password, avoiding easily identifiable combinations.

If they have reason to believe that their login data (in particular, their username or password) has been lost, stolen, misappropriated, or compromised in any way, or in case of unauthorized use of their Account, the User must immediately notify ZEKOLAB by email at contact@zekolab.com. In the absence of such notification, any use of the Account or Platform is presumed to have been made by the User.

In such a situation and/or in the presence of a potential or actual threat to the security or confidentiality of the Account and the associated login and identification data, the User authorizes ZEKOLAB to take all appropriate measures to prevent unauthorized access to the Account (e.g., resetting the password and username, blocking current and/or future payment operations, or suspending Account access).

6. Use of the Site, Application, and Platform

The content of the Site, Application, and Platform is available to Users freely for free content and in exchange for a monthly, semi-annual, or annual Subscription for paid content.

6.1. The Subscription

The Site, Application, and Platform offer Users free access to available information and services at the time of their connection. ZEKOLAB enhances this range of information and services, allowing the User to obtain differentiated access to information and services.

Here are the different Subscription offers:

• 1 month
• 6 months
• 12 months

ZEKOLAB reserves the right to modify them at any time.

6.2. Subscription Terms

The contractual terms are presented in French and will be confirmed, including the information and services subject to these terms, at the time of the online purchase procedure.

ZEKOLAB reserves the right to cancel any order from a User with whom there is an existing payment dispute for offers or use of the Platform without the User being able to claim any compensation for any reason.

The User’s validation of their order constitutes acceptance of these Terms and Conditions (TCs), fully and without reservation.

The data recorded by the payment system constitutes proof of financial transactions. To validate their subscription, the User must click on the “Pay (amount in € of the selected subscription)” button on Android or “Subscribe” on iOS.

A Subscription confirmation will be sent to the User at the email address provided, including the contractual information, notably the exact amount charged and the terms of the offer. This Subscription confirmation constitutes acceptance of the order by ZEKOLAB and validates the transaction.

6.3. Payment

The current prices for different Subscription and renewal offers are those displayed on the Site, Application on the day the order is placed. ZEKOLAB reserves the right to modify them at any time.

They are indicated in euros, all taxes included. All orders, regardless of their origin, are payable in euros. Promotional offers are valid only for the duration of the offer. Current promotions are not cumulative. They cannot be exchanged for their monetary value or refunded in part or in full. After the indicated period, the discount will be permanently lost.

The User is solely responsible for the actual payment of the purchased Subscription. Only the User is responsible for payment by credit card or in-app purchase. ZEKOLAB is not responsible for payment problems related to the functioning of the e-commerce service.

Access to the PRO plan is via credit card purchase through Apple Pay or Stripe, which will therefore be responsible for banking data.

6.4. Duration

The Subscription is taken out for the duration chosen by the User from the date of their subscription. It is renewable by tacit agreement for an identical period to the initial period chosen by the User, unless terminated before each period’s expiration by deactivating the “Subscription activated” button in the settings as well as in the Apple settings for those using the Application on an Apple interface.

6.5. Withdrawal

In accordance with articles L.121-21 and following of the Consumer Code, the User has a right of withdrawal, allowing them to cancel their Subscription made online. The User may exercise this right of withdrawal within a period of fourteen (14) days from the date of payment registration for their Subscription. If this period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day.

The cancellation of the Subscription will result in the cancellation of access to paid features. In case of withdrawal, the User will be refunded the full amount paid, only on the credit card or account used for payment. This refund will be made within thirty (30) days from the date the User informs of their decision to withdraw.

6.6. Termination Clause

In case of non-fulfillment of any obligation under these TCs by either Party, the other Party may terminate the Subscription, automatically, fifteen (15) working days after sending, by registered letter with acknowledgment of receipt, an unfulfilled demand, even in the case of subsequent fulfillment of the obligation after the above deadline.

In case of early termination attributable to the User under the above conditions, ZEKOLAB interrupts access to paid information and services under the Subscription.

7. User Obligations

The User agrees to use the Services solely for personal and non-commercial purposes and to comply with all applicable laws and regulations. Indeed, they must respect all legal and regulatory provisions as well as procedures imposed on them, regarding access to the Site and Application and the use of the Services. The User cannot use the Services of the Site and Application for activities prohibited by law and public order.

In this regard, the User agrees not to use any means intended to overload, disable, alter, or damage the Services or the server on which they are hosted, or more generally, to harm the proper functioning of the Services.

The User guarantees that the information provided is accurate and complete and agrees to keep it up to date or to inform ZEKOLAB of any errors or changes. They also agree not to create a false identity to mislead ZEKOLAB and not to impersonate a third party.

The User remains solely responsible for any damage they may cause to ZEKOLAB or any third party by using the Services.

The User agrees to indemnify and hold ZEKOLAB harmless against any claims, liabilities, damages, and costs that may be imposed due to the User’s faulty use of the Site, Application, and/or Services, particularly in case of violation by the User of the obligations set out in these TCs.

8. ZEKOLAB Commitments

ZEKOLAB strives to provide accurate information on the Site and Application. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in updates, whether caused by it or not.

All information on the Site and Application is provided for indicative purposes and is subject to change. Additionally, the information on the Site and Application is not exhaustive.

ZEKOLAB commits to making the Services available to the User on its Site and Application and to make its best efforts to ensure accessibility and proper functioning.

To this end, it commits to ensuring that the Site and Application are accessible 24/7, except in cases of force majeure and subject to potential breakdowns and maintenance and update interventions necessary for the proper functioning of the Site and Application. Due to the specifics of the internet and telecommunications networks, ZEKOLAB cannot guarantee permanent availability of its Site and Application.

In case of malfunction or anomaly disrupting the proper functioning of the Platform, ZEKOLAB commits to making its best efforts to restore the situation.

ZEKOLAB’s liability cannot be engaged in case of impossibility to access the Site, Application, and/or use the Services. It cannot be held responsible for direct and indirect damages caused to the User’s equipment when accessing the Site and Application, resulting from either the use of equipment not meeting the specifications indicated in these TCs or the appearance of an anomaly or incompatibility.

ZEKOLAB will also not be held responsible for indirect damages (such as loss of opportunity) resulting from the use of the Site and Application.

As an online Platform operator, ZEKOLAB commits to facilitating the connection between Brands and Influencers. Users understand and accept that ZEKOLAB cannot guarantee a minimum number of connections to Users.

9. ZEKOLAB Responsibility

Users acknowledge and accept that ZEKOLAB’s responsibility is limited to its role as the Platform operator.

Without prejudice to the insurance offered within the use of the Platform, ZEKOLAB’s liability cannot be engaged for causes outside its control, particularly in the following cases:

• Any direct or indirect damage suffered by a User or third party during the use of the Platform, particularly in the case of a connection between Brands and Influencers, as ZEKOLAB, as the Platform operator, is not a party to any contracts between Users and is not responsible for their execution;
• When a User provides inaccurate information in their Account and on the Platform;
• When a User violates a provision of these TCs;
• In case of damage caused by a third party;
• In case of force majeure.

Moreover, ZEKOLAB cannot be held responsible for the consequences of fraudulent use of a User’s identifiers, except for technical failures attributable to ZEKOLAB, and any damage related to providing erroneous personal information in an Account.

ZEKOLAB provides a FAQ section on the site, specific to Brands and another specific to Influencers. The User understands and accepts 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 indicative purposes and cannot replace consulting official sources (laws, official administration information). The User expressly acknowledges that ZEKOLAB’s liability cannot be engaged for the information disseminated in the FAQ.

The Site and/or Application may contain links to third-party websites. The linked sites are not under ZEKOLAB’s control, which is not responsible for the content of these linked sites.

10. Duration, Suspension, and Termination

10.1. Duration

These Terms and Conditions (T&Cs) remain in effect as long as a User uses or has access to the Platform. They are concluded for an indefinite period from their acceptance through the creation of the Account. Each Party may terminate them at any time under the conditions described in Article 10.3 below.

10.2. Suspension of Platform Access

When a User fails to comply with one of their commitments under these T&Cs, ZEKOLAB may temporarily and without notice suspend access to the Platform or certain functionalities until 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 from the clarification request. Otherwise, ZEKOLAB may restore access to the Platform.

10.3. Termination with Notice

ZEKOLAB and Users are free to terminate the T&Cs at any time without having to justify any reason by sending an email or letter with acknowledgment of receipt, subject to a notice period of two (2) weeks.

10.4. Termination without Notice

In case of a serious breach of any stipulation of these T&Cs, ZEKOLAB and Users may terminate the T&Cs without notice or prior formal notice.

For example, the following are considered serious breaches leading to the termination of these T&Cs by operation of law, without this list being exhaustive:

For the User:

• Failing to comply with multiple commitments listed in these T&Cs;
• The User’s bad faith and/or lack of intention to use the Platform in accordance with its purpose;
• Repeatedly having conflicting interactions with other Users, online or physically in the context of a connection;
• Providing false information or using the Platform for unlawful purposes.

For ZEKOLAB:

• Repeated technical malfunctions preventing proper use of the Platform by Users.

10.5. Effects of Termination/Suspension

Termination or suspension of these T&Cs results in the interruption of access to the Account and the Platform.

In the event of suspension of these T&Cs, the User may log into their Account and modify their personal information but will only have access to limited functionalities of the Platform.

This contractual termination will occur without prejudice to any damages that may be claimed by the non-defaulting Party due to these breaches or this termination, and without the defaulting Party being entitled to any refund and/or compensation for any damage suffered by themselves or a third party due to these breaches or this termination.

11. Autonomy and Independence

Users and ZEKOLAB acknowledge that these Terms and Conditions (T&Cs) do not establish any hierarchy or subordination between them.

Users and ZEKOLAB operate with full autonomy and independence, each bearing the risks of their own activities.

Users are free to organize their activities independently and are free to use the Platform as much as they wish, in compliance with these T&Cs.

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 and develop their activities by any other means.

12. Intellectual Property

The elements constituting the Site and the Application and their contents, including data, texts, still or animated images, logos, sounds, graphics, files, are the exclusive property of ZEKOLAB and are protected by copyright, as is the Site and the Application as a whole.

Any representation, reproduction, distortion, and/or total or partial exploitation of the Site, the Application, or any of their components, without the express and prior authorization of ZEKOLAB, is prohibited and would constitute an infringement punishable under articles L.335-2 and following of the Intellectual Property Code.

Each User acknowledges and agrees that access to the Site and the Application does not entail any transfer or concession of intellectual property rights and other rights for the benefit of the User.

The databases accessible through the Site and the Application are protected by the Intellectual Property Code, and ZEKOLAB is both the producer and the author.

Any extraction, reuse, storage, or reproduction, in whole or in part, of the content of the databases, whether qualitatively or quantitatively substantial, without the express and prior authorization of ZEKOLAB, is expressly prohibited under articles L.342-1 and following 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 provided for in articles L.713-2 and following of the Intellectual Property Code, incurs the liability of their author.

Other distinctive signs, including corporate names, acronyms, trade names, signs, and domain names reproduced on the site, are the property of ZEKOLAB, and any reproduction without express, prior authorization may constitute misappropriation, engaging the liability of its author under article 1240 of the Civil Code.

The Site and the Application may contain hypertext links to other websites, and these links to other resources take you away from the Site and the Application. Therefore, ZEKOLAB disclaims all responsibility for the content and services on these other websites. The User cannot, without the prior written authorization of ZEKOLAB, establish a hypertext link to the Site and the Application from a third-party site.

13. Personal Data

ZEKOLAB undertakes to comply with the regulations in force regarding the processing of personal data, in particular, Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 and Law No. 78-17 of 6 January 1978 on information technology, files, and freedoms as amended.

The principles related to the processing of personal data are described in the Privacy Policy, which is an integral part of these T&Cs.

14. Cookies

A cookie is a small computer file, containing information, stored on your device. It allows the analysis of user behavior when visiting a website, reading an email, installing, or using software or a mobile application.

The Site and the Application use cookies, and the principles related to the processing of personal data are described in the Cookie Management Policy.

15. Confidentiality

ZEKOLAB and all Users agree to keep strictly confidential all or part of the confidential information listed below, regardless of the medium, which has been communicated to them by ZEKOLAB or another User or which they have become aware of during the execution of these T&Cs.

In this context, ZEKOLAB and all Users agree not to disclose data that may be collected during the use of the Site, the Application, and the Platform.

To this end, ZEKOLAB will impose a confidentiality commitment on all its collaborators.

This confidentiality commitment does not apply if this information has entered the public domain at the time of its receipt.

If the disclosure of this information is required by legal and regulatory provisions, ZEKOLAB or the User must, to the extent possible, inform the person in writing as soon as possible before making this disclosure.

This confidentiality commitment applies for the entire duration of access to the Platform’s services and will continue to apply for a period of three (3) years after the cessation of this access.

The use and transfer by ZEKOLAB of all information received from Google APIs will comply with Google’s API Services User Data Policy, including the Limited Use requirements.

16. Protection of Personal Data

Any information transmitted during the negotiation or implementation of a Subscription or containing, in any capacity, elements recognized by law or jurisprudence as related to private life or of a personal nature or data identifying individuals and/or third parties may only be used for the expressly stated purposes at the time of its communication.

The Parties comply with Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data.

17. Assignment of T&Cs

The User authorizes ZEKOLAB to assign all its rights and obligations under its contractual relationships with the User to any third party without their prior consent.

In particular, in the event of a merger by the formation of a new company, a contribution, a merger-absorption, a demerger, or any change of control affecting ZEKOLAB, the contractual relationships will continue without ZEKOLAB being required to inform or obtain the consent of the Users.

18. Non-Waiver

The fact that one of the Parties does not invoke a breach of any stipulation of these T&Cs by the other Party, whether permanently or temporarily, shall not be considered a waiver of the rights arising from that stipulation.

19. Entire Agreement

The provisions of these T&Cs express the entire agreement between the Parties. They supersede any prior or subsequent proposals, exchanges of letters, and any other stipulation exchanged between the Parties concerning the subject matter.

20. Nullity

If one or more of the provisions of these T&Cs are declared null or void by a change in legal or regulatory provisions or by a court decision, this shall not in any way affect the validity of the other clauses and the compliance with these T&Cs, unless the clause declared null or void is essential, modifies the interdependence of certain stipulations, or changes the general economy of these T&Cs.

If necessary, the contentious clause will be deleted and replaced with a lawful clause.

The Parties agree to act in good faith, respecting the balance of these T&Cs until the situation is restored.

21. Dispute Resolution and Mediation for Users

In the event of a dispute between Users, they agree to seek an amicable resolution. As ZEKOLAB’s status is limited to its role as an online Platform operator, its responsibility cannot be sought in the event of a dispute concerning any relationship between Users, such as the performance of any potential contract between Users.

However, in the event of a dispute between Users, ZEKOLAB may play a mediation role to achieve an amicable resolution of the dispute, without ZEKOLAB having any obligation of means or results in this regard and without making any specific commitment. For any complaint, the User may contact ZEKOLAB by email at the following address: contact@zekolab.com

22. Applicable Law

These T&Cs are governed and interpreted in accordance with French law.

23. Competent Jurisdiction

In the event of a dispute concerning the formation, validity, interpretation, or performance of these T&Cs, the Parties will seek an amicable solution. In this context, each User agrees, before taking any other steps, to try to resolve their dispute directly with ZEKOLAB by written complaint addressed to ZEKOLAB at the following email address: contact@zekolab.com

If no amicable solution is reached within fifteen (15) days from the first amicable discussion, the Parties will be subject to the exclusive jurisdiction of the courts of LORIENT.