Terms of Use

1.1 Platform Publisher

The Vibecallin platform (the "Platform" or the "Service") is published by OLYMO, a simplified joint-stock company (SAS) with share capital of €3, registered office at Chemin des Imprimeurs, 69250 Montanay, France, SIREN 994 392 595, SIRET 994 392 595 00017, and intra-community VAT number FR27994392595.

OLYMO is represented by Mr. Milo Kowalska, President. Contact: vibecallin@gmail.com. Hosting provider: OVH.

1.2 Purpose

These Terms of Use govern access to and use of the Vibecallin Platform. They supplement the Terms and Conditions of Sale, which govern the commercial aspects of subscriptions.

1.3 Acceptance

Access to and use of the Platform constitute full acceptance of these Terms of Use. By creating an account and using the Service, the User confirms that they have read and accepted these Terms without reservation. Users who do not accept them must not use the Platform.

3.1 Access Requirements

Access requires a stable Internet connection, a recent compatible browser (Chrome, Firefox, Safari, or Edge), JavaScript enabled, and working computer or mobile equipment. The User is solely responsible for obtaining the technical means required to access the Service.

3.2 Availability

The Platform is available 24 hours a day, 7 days a week, subject to scheduled or emergency maintenance, force majeure, telecommunications failures, and events beyond OLYMO's control. OLYMO seeks to ensure optimal availability but does not guarantee 100% availability. No compensation may be claimed for a temporary Service interruption.

3.3 Ongoing Development

The Platform evolves continuously. OLYMO may add, modify, or remove features, change the interface or design, fix bugs, improve performance, and deploy new versions without notice. Beta features may be unstable or limited and are identified as such on the Platform.

3.4 Service Changes

OLYMO may modify, suspend, or discontinue all or part of the Service at any time, temporarily or permanently, with or without notice. If the Service is permanently discontinued, OLYMO will give Users reasonable notice of 90 days and allow them to export their data.

4.1 Registration

To use the Platform, the User must provide their full name (or company name), a valid email address, a secure password, and any other information required during registration. The User must provide accurate, complete, up-to-date information and update it when it changes.

4.2 Account Security

The User is solely responsible for the confidentiality and security of their login credentials. The User must choose a strong, unique password, not disclose credentials to third parties, and immediately report any unauthorized account use or security breach to vibecallin@gmail.com. The User is fully responsible for all activity from their account. OLYMO is not liable for loss or damage resulting from a failure to meet these obligations.

4.3 Single, Personal Account

Each User may create only one account. Accounts are strictly personal and may not be shared, transferred, sold, or assigned without OLYMO's prior written consent. OLYMO may suspend or delete multiple accounts created to circumvent Service limits or abuse the Service, without notice or refund.

4.4 Suspension or Deletion

OLYMO may suspend or delete an account for a breach of these Terms, fraudulent or unlawful activity, abusive use, at the User's request, or any other legitimate reason after a formal notice remains ineffective for 15 days. After deletion, User data is retained for 90 days and then permanently deleted, unless a legal retention obligation applies.

5.1 General Principle

The User must use the Platform in accordance with its intended purpose, these Terms of Use, and applicable law.

5.2 Permitted Uses

The Platform is intended for managing leads and professional contacts in connection with a lawful business activity, creating and managing professional email campaigns, using automation workflows to optimize sales processes, analyzing campaign performance, and using AI features to improve sales effectiveness.

5.3 Strictly Prohibited Uses

• Distributing illegal, defamatory, abusive, obscene, pornographic, discriminatory, or third-party rights-infringing content, or promoting violence, terrorism, racial or religious hatred, crimes, or offences.
• Sending unlawful unsolicited communications or spam, phishing, scams, promoting illegal products or services, or operating unlawful pyramid or multi-level sales schemes.
• Unauthorized access attempts, malware transmission, denial-of-service attacks, security circumvention, reverse engineering, decompilation, or disassembly of the Service.
• Infringing OLYMO's or third-party intellectual property rights, copying or creating derivative works of the Platform, or using it to develop a competing product or service.
• Creating false accounts, impersonating a person or entity, using unauthorized bots or scripts, intentionally overloading servers, disrupting the Platform, or reselling, renting, or commercializing Service access without authorization.

5.4 Data Protection Compliance

The User must comply with the GDPR and applicable personal-data laws. This includes obtaining required consent before commercial communications, respecting data-subject rights, including a working unsubscribe link in every communication, not processing sensitive data without an appropriate legal basis, keeping a processing register where required, and reporting security incidents affecting personal data. The User is the controller for data collected and processed through the Platform. OLYMO acts as processor for that data.

5.5 Regulated Sectors

Users operating in regulated sectors, including healthcare, finance, or insurance, are solely responsible for complying with the rules applicable to their activities.

6.1 Ownership

The User retains all intellectual property rights in User Content created, imported, or generated through the Platform, including lead lists, campaign content, and files.

6.2 Licence Granted to OLYMO

By using the Service, the User grants OLYMO a worldwide, non-exclusive, royalty-free, transferable licence to store, host, back up, process, and display User Content for providing the Service, and to use it to improve the Service through anonymized analyses, AI model training, and aggregated statistics. This licence ends when the User deletes their content or closes their account, subject to technical deletion periods and legal retention obligations.

6.3 User Responsibility

The User is solely responsible for User Content and warrants that they hold all necessary rights and that it does not infringe third-party rights. The User must not distribute content that violates privacy or intellectual property rights, breaches these Terms or applicable law, or is misleading or deceptive.

6.4 Moderation and Removal

OLYMO may review User Content following a report or suspected breach, remove or block content contrary to these Terms, and report unlawful content to the competent authorities. OLYMO does not exercise editorial control over User Content and is not liable for it, unless it knew the content was unlawful and failed to act promptly to remove it.

6.5 Backups

Although OLYMO performs regular Platform backups, the User remains responsible for backing up their own User Content. Users are strongly encouraged to export important data regularly. OLYMO is not liable for data loss resulting from an unforeseeable event.

7.1 Platform Ownership

The Vibecallin Platform, including its source code, algorithms, technical architecture, design, graphical interfaces, logos, visual identity, texts, media, editorial content, databases, structure, trademarks, trade names, and domain names, is protected by intellectual property law. OLYMO is the sole owner of all intellectual property rights in the Platform.

7.2 Limited Licence

OLYMO grants the User a personal, non-exclusive, non-assignable, non-transferable, revocable, and limited licence to use the Platform solely for normal, compliant use of the Service. The licence is linked to the User's account and creates no ownership right in the Platform.

7.3 Restrictions

The User must not copy, reproduce, duplicate, download, modify, adapt, translate, or create derivative works of the Platform; decompile, disassemble, or reverse engineer its source code; sell, rent, lend, distribute, sublicense, or transfer it; remove proprietary notices; substantially extract or reuse database content; or use the Platform to create a competing product or service. Any unauthorized use constitutes infringement and may lead to legal proceedings.

7.4 Trademarks

“Vibecallin”, the Vibecallin logo, and all associated marks are registered or pending trademarks owned by OLYMO. These Terms grant no licence or right to use them without prior written authorization.

7.5 Feedback

If the User provides feedback, suggestions, ideas, or improvement proposals, the User grants OLYMO the right to use, exploit, and incorporate them into the Platform without compensation, credit, or payment.

8.1 Privacy Policy

The collection, processing, and use of Users' personal data are governed by OLYMO's Privacy Policy, available on the Platform and forming an integral part of these Terms.

8.2 User Responsibilities

As controller for personal data collected and processed through the Platform, the User must comply with the GDPR and applicable law, inform data subjects, obtain necessary consent, respect access, rectification, objection, erasure, and portability rights, implement appropriate security measures, and report data breaches within legal time limits.

8.3 OLYMO as Processor

For personal data processed through the Platform, OLYMO acts as processor under the GDPR. OLYMO processes data only to provide the Service and under the User's instructions, implements appropriate technical and organizational safeguards, assists the User with GDPR obligations, and does not transfer data outside the European Union without appropriate safeguards.

8.4 Data Retention

User data is retained throughout use of the Service, then for 90 days after account closure to allow reactivation, before permanent deletion unless a longer statutory retention obligation applies. The User may request earlier deletion at vibecallin@gmail.com.

8.5 User Rights

Users have rights of access, rectification, erasure, restriction, objection, portability, post-mortem instructions, withdrawal of consent, and complaint to the CNIL. These rights may be exercised by emailing vibecallin@gmail.com with proof of identity.

9.1 OLYMO's Obligations

OLYMO will provide the Service with a reasonable professional level of quality, implement appropriate technical means for Platform operation, correct bugs and malfunctions within a reasonable time, and secure data in accordance with the state of the art.

9.2 Disclaimer

The Service is provided "as is" and "as available", within the limits permitted by French law. OLYMO does not warrant that the Service will be error-free, uninterrupted, always available, secure, virus-free, compatible with every configuration, that results will meet User expectations, or that defects will be corrected within a defined period. This disclaimer does not exclude the mandatory statutory conformity guarantee applicable to consumers under French law.

9.3 Limitation of Liability

To the extent permitted by French law, OLYMO is not liable for indirect damage, including loss of turnover, revenue, profit, customers, business opportunities, data, chance, reputation, brand image, or any other indirect financial loss. For direct damage, OLYMO's aggregate liability shall not exceed the amounts actually paid by the User during the 12 months preceding the event giving rise to liability, or €100 if that amount is higher.

OLYMO is not liable for use contrary to these Terms or the law, User fault or negligence, maintenance interruptions, technical failures, force majeure, User Content or results obtained by the User, third-party service failures, or inability to access the Service because of the User's equipment or Internet connection. These limitations do not apply in cases of OLYMO's gross negligence or wilful misconduct, bodily injury, breach of an essential contractual obligation making the contract's purpose impossible, or where French law prohibits the limitation.

9.4 User Liability

The User is solely responsible for their use of the Service, legal compliance, the legality, quality, relevance, and lawfulness of User Content, GDPR compliance for their own processing, account and credential security, and actions taken from their account, including fraudulent third-party use resulting from insufficient care.

9.5 Indemnification

The User agrees to indemnify, defend, and hold harmless OLYMO, its officers, employees, and partners from claims, proceedings, losses, damages, fines, costs, and expenses, including reasonable legal fees, arising from a breach of these Terms, unlawful or non-compliant use, third-party rights violations, or User Content. OLYMO may exclusively assume the defence of any claim subject to indemnification.

10.1 Third-Party Integrations

The Platform may integrate or use third-party services, including external APIs, AI services, analytics tools, and payment services. They are governed by their own terms and privacy policies. OLYMO has no control over them and disclaims liability for their availability, reliability, performance, content, legality, legal compliance, or damage resulting from their use. The User uses them at their own risk.

10.2 Hyperlinks

The Platform may link to third-party websites for convenience only. OLYMO does not control and is not responsible for their content, availability, or privacy practices. A link is not an endorsement or recommendation.

10.3 Links to the Platform

Any link to the Platform requires OLYMO's prior written authorization, except a simple link to the home page. It is prohibited to create misleading or harmful links, frame the Platform without authorization, or imply an affiliation, partnership, or endorsement by OLYMO without authorization.

11.1 Support Service

OLYMO provides technical support by email at vibecallin@gmail.com.

11.2 Scope

Support covers help using Platform features, resolving Service-related technical issues, and questions about Platform operation. It does not cover in-depth training, commercial, marketing, or strategic advice, issues with the User's equipment, network or connection, third-party tools or services, or custom feature development.

11.3 Response Times

OLYMO aims to answer support requests as soon as possible, generally within 72 business hours. No response or resolution time is guaranteed unless a specific agreement applies to enterprise accounts.

11.4 Account Access for Support

To resolve certain technical issues, OLYMO may need temporary access to a User account. This access will occur only with the User's explicit consent and only to the extent necessary to resolve the issue.

12.1 Suspension by OLYMO

OLYMO may immediately suspend a User's Service access without notice for a breach of these Terms, fraudulent, unlawful, or abusive activity, a threat to Platform security or stability, unpaid or rejected payment, or a request from an administrative or judicial authority. Suspension prevents account access and Service use but does not delete User data.

12.2 Formal Notice

Except in case of a serious breach or immediate risk, OLYMO will first email a formal notice describing the breach, corrective actions, and a compliance period, generally 15 days. If the User does not comply, OLYMO may suspend or terminate the account.

12.3 Termination by OLYMO

OLYMO may permanently terminate an account for a serious or repeated breach, proven fraudulent or unlawful activity, an ineffective formal notice, or an inability to regularize the account. Termination closes the account and data is deleted as set out in Article 8.4.

12.4 Termination by the User

The User may close their account and stop using the Service at any time. Paid subscription termination terms are set out in the Terms and Conditions of Sale. To close an account, the User must use the account deletion feature or email vibecallin@gmail.com. Users are strongly encouraged to export their data before termination.

12.5 Consequences

Upon termination, the User immediately loses Service access. Data is retained for 90 days and then permanently deleted, unless legally required otherwise. Unused credits are forfeited and non-refundable, unless the Terms and Conditions of Sale provide otherwise. Obligations arising during use remain due, and provisions that by nature survive termination, including intellectual property, liability, and confidentiality provisions, remain in effect.

13.1 Definition

OLYMO is not liable for delay or failure to perform caused by force majeure. In addition to events recognized by French case law, force majeure includes natural disasters, exceptional weather, external strikes or social conflicts, telecommunications or power failures, major cyberattacks, epidemics or pandemics, war, terrorism, riots, insurrections, government acts or legal changes, and failures of hosting infrastructure or essential third-party services.

13.2 Suspension of Obligations

OLYMO's obligations are suspended for the duration of a force majeure event. OLYMO will endeavor to inform Users of the event and its expected duration.

13.3 Prolonged Force Majeure

If force majeure continues for more than 90 consecutive days, either party may terminate the contract without compensation or penalty by written notice to the other party.

14.1 Right to Change

OLYMO may change these Terms at any time to reflect changes to the Service, the law, or another legitimate reason.

14.2 Notice

Changes will be communicated by publishing a new version on the Platform, email notification to the account address, or a message at the next login for material changes. Material changes will be notified at least 30 days before taking effect.

14.3 Acceptance

Continued use after the new Terms take effect constitutes acceptance. A User who does not accept the changes must stop using the Service and may close their account under Article 12.4.

14.4 Archived Versions

Prior versions are archived and available on request at vibecallin@gmail.com.

15.1 Entire Agreement

These Terms, together with the Terms and Conditions of Sale and Privacy Policy, constitute the entire agreement between OLYMO and the User concerning Service use and replace all prior written or oral agreements, representations, warranties, and arrangements.

15.2 Severability

If a competent court finds a provision unlawful, invalid, or unenforceable, the remaining provisions remain effective to the fullest extent permitted by law. The invalid provision will be replaced by a valid provision closest to its original intent and economic effect.

15.3 No Waiver

OLYMO's failure or delay in exercising a right, or failure to require strict compliance with a provision, does not waive that right or provision.

15.4 Headings

Article headings are included solely for ease of reading and have no binding legal effect in interpreting these Terms.

15.5 Language

These Terms were drafted in French. If translated into another language, the French version prevails.

15.6 Assignment

The User may not assign, transfer, or subcontract any right or obligation under these Terms without OLYMO's prior written consent. OLYMO may do so freely, including in a restructuring, merger, acquisition, or transfer of business or business line, and will notify Users by email.

15.7 Notices

OLYMO may give notices by email to the address in the User account or through the Platform. Users must give notices by email to vibecallin@gmail.com. Email notices are deemed received on the next business day and Platform notices upon display.

16.1 Governing Law

These Terms are governed and interpreted in accordance with French law, without regard to conflict-of-law principles.

16.2 Amicable Dispute Resolution

For any dispute concerning the interpretation, performance, or validity of these Terms, the parties agree to seek an amicable solution before legal action. Users may submit a complaint to OLYMO at vibecallin@gmail.com.

16.3 Consumer Mediation

Under Articles L.611-1 et seq. of the French Consumer Code, consumer Users may use a consumer mediator free of charge for amicable dispute resolution. OLYMO participates in the following mediation service: Association des Médiateurs Européens (AME CONSO), 197 Boulevard Saint-Germain, 75007 Paris, France, www.ame-conso.fr, contact@ame-conso.fr. The mediator may also be contacted through the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/. A referral must be made within one year of the written complaint sent to OLYMO. Mediation is optional and does not prevent the User from bringing the matter before a competent court.

16.4 Competent Courts

If no amicable resolution is reached within 30 days after notice of the dispute, subject to mediation, consumer Users may bring proceedings before the competent French courts at their place of residence or OLYMO's registered office, at their choice, as provided by the French Consumer Code. For professional Users, only the courts with jurisdiction over OLYMO's registered office, namely the Lyon Commercial Court, France, have jurisdiction, notwithstanding multiple defendants or third-party proceedings.

Acceptance of the Terms of Use

By checking the box "I accept the Terms of Use" when creating an account or by using the Service, you acknowledge that you have read, understood, and accepted these Terms of Use in full.