Terms and Conditions of Use

The purpose of these Terms of Use (hereinafter “TOU”) is to define (i) the rules governing the use of the SaaS solution (hereinafter “the Dashboard”) operated by Groupe Ydyle, 528 338 494 R.C.S. Nanterre (hereinafter “Eskimoz”), (ii) the terms and conditions governing the use of the Website and the services to which the Dashboard provides access, as well as (iii) the obligations of the Parties arising from the use of the Dashboard and the Services to which it provides access.

ESKIMOZ offers, through the Dashboard, a collective LinkedIn engagement platform. In particular, it enables users with the necessary access rights to coordinate the publications, interactions, and prospecting actions of an organization's employees on LinkedIn, and to measure their results.

The Terms of Use constitute a binding contract between the user of the Dashboard (you) and ESKIMOZ. These Terms of Use, together with all their updates, additions, additional conditions, and all of ESKIMOZ's rules and policies, together constitute the contract entered into between you and us.

1. DEFINITIONS

For the performance of these Terms, the following terms shall be understood as defined below:

• "ESKIMOZ" refers to GROUPE YDYLE, a société par actions simplifiée unipersonnelle (single-shareholder simplified joint-stock company) with a share capital of €26,000, whose registered office is located at 19 RUE DU DOME, 92100 BOULOGNE-BILLANCOURT, registered with the Nanterre Trade and Companies Register under number 528 338 494, represented by Alaska Group acting and having the necessary powers as president.
• "Dashboard" or "Site" refers to the collective LinkedIn engagement digital platform provided by ESKIMOZ via the website https://eskimoz.community, as well as any associated web, mobile, and browser extension applications.
• "Client" refers to any professional natural or legal person who has signed a contract with ESKIMOZ in order to use the services offered by ESKIMOZ.
• "Client Account" refers to the account created by the Client that enables the Client to manage User Accounts and User Licenses in the context of accessing the Services.
• "User Account" or "Profile" refers to the account created by the Client to enable a User (one of its employees, representatives, or natural-person agents) to access the Services. It refers to the identification of each User on the Dashboard following the creation of a personal account.
• "User License" refers to the individual authorization to use the Services granted by the Client to one of its employees or representatives in order to access the Services in the name and on behalf of the Client.
• "Services" refers to the services listed and described in the contract signed by the Client with ESKIMOZ and accessible via the Dashboard, as well as any additional services related to the life of the contract between ESKIMOZ and the Client.
• "Commercial Details" refers to the User Licenses, the duration of the contractual relationship, the prices and costs, the payment terms, and the other conditions generally affecting the pricing of the Services.
• "Confidential Information" refers to all information (of whatever nature or form, and whether or not designated as confidential) provided or to be provided by ESKIMOZ, received or to be received by the Client, seen or observed or to be seen or observed, in the context of or in connection with (i) the contractual relationship with ESKIMOZ or the negotiation of that contractual relationship, (ii) the Dashboard, or (iii) the Services. Confidential Information also includes third-party information that ESKIMOZ holds on a confidential basis. Confidential Information also includes the source code and object code of the Dashboard or any of its features, as well as the algorithms integrated into the Dashboard or any of its features, all information relating to the compliance of ESKIMOZ and the Dashboard, all Clients and their names, the content shared with a User, all Services metrics, the security procedures implemented, the marketing techniques, and the names of the Clients.
• "User" refers to any user of the Dashboard, regardless of their role as a corporate officer, employee, or legal representative of the Client.
• "Supervisor" refers to a User who is a representative or employee of the Client and who can manage access and User Licenses for each of the Client Accounts for which the Agent is responsible.

2. Information relating to the website

3. SCOPE OF APPLICATION

Any natural person of legal age may become a User by accepting the Terms of Use, provided that they are a representative or employee of a Client. The Terms of Use then apply to you. You are deemed to have read and accepted them before being able to browse the Site. You thereby undertake to comply with the obligations incumbent upon you.

Unreserved acceptance of the Terms of Use is required in order to use the Dashboard.

4. CREATION OF A PROFILE AND IDENTIFICATION

The Dashboard also provides access to a paid area reserved for Clients and Users. It enables them to access all of the Services depending on the subscription taken out and the specific rights granted to Clients and Users by the Supervisor under the contract entered into by the Client Agent.

Getting Started / Account Creation / Identification:

Upon a User's first connection, we invite you to create a Profile and save your information. You are then asked to provide your:

• First Name
• Last Name
• E-mail
• Password

A unique identifier is then assigned to each User.

By creating an account, you undertake to provide us with accurate and truthful information concerning your identification and civil status, as well as your contact details. Subsequently, you are also responsible for updating the information provided and for any changes that may be made by logging into your account.

For subsequent logins, only your username and password will be requested.

5. SECURITY AND TECHNICAL PREREQUISITES

Preliminary remark – No request for information outside the login procedure

We pay particular attention to the protection of Users' personal data. In this context, we undertake never to contact the User to ask them to confirm their username or any other personal data outside the login or ordering procedure.

In the event that you receive any communication, email, alert/push notification, or request — in any form whatsoever — purportedly originating from ESKIMOZ, the purpose of which is the communication or confirmation, orally or in writing, of your identity or any of your personal data outside the login or ordering procedure, such request must be considered as originating from a third party unconnected to ESKIMOZ and acting with malicious intent.

User's Responsibility Regarding Their Profile

You undertake to update your Profile as soon as possible in the event of any change to your contact details, and you acknowledge that you remain solely responsible for any use that may be made of your username and password, for their confidentiality, as well as for any use of your Profile.

Your Profile is personal. As such, you acknowledge that it is prohibited to allow third parties to connect to ESKIMOZ using your personal data. You undertake not to disclose your password to anyone.

You undertake to inform us immediately of any fraudulent use or risk of fraudulent use of your Profile, and of any breach of the confidentiality and security of your username and password, at the following contact email address: contact@eskimoz.fr

ESKIMOZ shall not be held liable for any loss, theft, or damage resulting from fraudulent use of your identification data that does not result from a technical failure attributable to ESKIMOZ.

Technical Prerequisites

Access to the Dashboard, downloading, and use are subject to technical requirements. You must have internet access and a terminal in good working order that complies with the minimum configuration required for the Dashboard to function, namely: (i) the current versions of Windows and MacOS X, as well as (ii) the current versions of Chrome, Firefox, Safari, or Edge.

ESKIMOZ does not guarantee the compatibility of the Services with all smartphones, internet browsers, and operating systems.

6. Rules of Conduct

In the context of their access to the Dashboard, the User shall refrain from any behavior that could harm the image of ESKIMOZ or of one or more other Users or Clients.

More specifically, the User shall refrain from:

• Attempting to obtain from another identified User or Client information relating to their account, such as their username and/or password;
• Publishing on ESKIMOZ's dedicated web pages, and in particular on social media (Facebook, LinkedIn, X, etc.): (i) content that violates the laws and regulations in force, and in particular content constituting acts of infringement or unfair competition; (ii) content that is insulting, hateful, racist, discriminatory, disparaging, obscene, vulgar, defamatory, or that encourages conduct punishable under the law; (iii) content that infringes the rights of third parties; (iv) content that has no connection with the purpose of the Dashboard.

More generally, the User shall refrain from: (i) impersonating a third party, another User or Client, or otherwise passing themselves off as an employee or representative of ESKIMOZ; (ii) resorting to hacking, "spamming," "phishing," "flooding" (saturation), or any other malicious action against ESKIMOZ and other Users.

7. Availability

The Dashboard is accessible online 7 days a week, 24 hours a day.

Given the complexity of the internet network and the influx of internet users at certain times, we cannot offer any guarantee of continuity of the Services. Accordingly, we cannot be held liable in the event of a temporary unavailability of the Services.

Where necessary, ESKIMOZ reserves the right to interrupt access to the Services in order to carry out a technical maintenance and/or improvement intervention to ensure the proper functioning of the Services. ESKIMOZ then undertakes to use its best efforts to inform Users of the existence and duration of the intervention. Such interruptions for maintenance reasons shall not give rise to any compensation.

8. Warranty and Liability

Principle of Liability Concerning ESKIMOZ

ESKIMOZ's warranty of conformity is limited to the provision of the Services, in consideration of the standards, practices, or regulations in force.

Principle of Liability Concerning the Use of the Services

ESKIMOZ shall not be held liable for the consequences of any incorrect configuration or incorrect choice of option made by Users when placing an order or using the Services.

Access to the Services

ESKIMOZ undertakes to implement all necessary means to best ensure access to the Site and the Services.

ESKIMOZ shall not be held liable for, nor required to compensate the User for, any indirect damage that may result from the unavailability of the Site or the Services.

ESKIMOZ shall not be held liable for (i) the impossibility of accessing the Site, (ii) any misuse of the Site or the Services, (iii) saturation of the internet network, (iv) any malfunctions on the mobile terminals used by you, or (v) in the event of force majeure or circumstances beyond its control.

Corrective Maintenance and Support

Use of the Site includes corrective maintenance.

ESKIMOZ provides Users with a telephone support service available 7 days a week, 24 hours a day, at the number below, to enable Users to report a technical problem encountered during use. The customer service number is +33 1 84 88 41 17.

Liability

ESKIMOZ's obligations are best-efforts obligations and in no way obligations to achieve a specific result.

ESKIMOZ is not liable for any wrongful or erroneous use of the Services by the User.

Furthermore, ESKIMOZ may not be held liable in the following cases:

• Interruption of the Services for reasons of technical maintenance of the Site;
• Interruption of networks, delays, or lags in the transmission of electronic data;
• Handling or input errors, misuse of the Site or the Services;
• Loss of data, business interruptions, or any other resulting loss of a pecuniary nature;
• Any cases of force majeure, unforeseeable events, or any other causes not dependent on the Company's actions.

9. Third-Party Services – SUBCONTRACTING

Where the Services contain links to websites or programs that are not owned, operated, or controlled by ESKIMOZ, such links are provided solely to simplify the use of the Services. ESKIMOZ is not responsible for the content or data found on any other website or program made accessible from it.

It is expressly agreed that ESKIMOZ may subcontract all or part of the Services to any third party of its choice. ESKIMOZ shall, however, remain solely liable towards the Clients and/or Users.

10. Intellectual Property

Grant of a License to Use the Services

We grant you a personal right to use the Dashboard, its content, and the Services. This right is granted on a non-exclusive, revocable, non-assignable, non-transferable basis, and for the sole use of ESKIMOZ, to the exclusion of any other purpose. Only Users are beneficiaries of the license.

As such, you are prohibited from copying the Dashboard or the Services in any form whatsoever. It is strictly prohibited to access and/or use and/or attempt to access or use the source or object codes of the Site. You are prohibited from translating, modifying, reassembling in a different order, disassembling, taking apart, or creating derivative works from the Site or any part thereof.

Users do not acquire any intellectual property rights over the Site or its content, nor any other rights, other than the sole rights of use conferred by these Terms of Use.

The Services may only be used for the purposes for which they are intended and for which they are made available. You may not modify any of the materials, nor exploit, directly or indirectly, the data or works used by ESKIMOZ for the operation of the Services.

Intellectual Property Rights

ESKIMOZ retains, as the holder of the rights, the entire intellectual property of the Site, as well as all the prerogatives attaching thereto. All components of the Services are protected by the rules relating to trade names, copyright (economic and moral rights), trademarks, and other provisions relating to intellectual property rights, such as designs and models.

All reproduction and representation rights relating to the Site are reserved by ESKIMOZ, including all graphic, iconographic, and photographic representations, regardless of the territory of protection and whether or not such rights have been registered.

The reproduction and/or representation of all or part of the Site, on any medium whatsoever, including all trade names, trademarks, logos, domain names, and other distinctive signs, is strictly prohibited and would constitute an infringement punishable under the Intellectual Property Code.

Brand

All trademarks and trade names used by ESKIMOZ are registered trademarks of ESKIMOZ or of third parties that have granted it exploitation rights.

You acknowledge that you may not use, copy, or reproduce the trademarks on any medium whatsoever, even for personal purposes, without the prior written consent of ESKIMOZ

Likewise, the User may not use the name ESKIMOZ or any other expression intended to suggest its endorsement for any purpose whatsoever without the prior written consent of ESKIMOZ.

No Assignment of Intellectual Property Rights

All intellectual property rights relating to the Site belong to ESKIMOZ.

By accepting the Terms of Use, the User shall refrain from any type of use not explicitly provided for by the Intellectual Property Code for the benefit of the User or not expressly authorized by the Terms of Use. This means in particular that you shall refrain from:

• Making backup copies of the Site;
• Correcting yourself, or having a third party correct, any errors or anomalies in the Site without the prior written consent of ESKIMOZ;
• Granting any loan or making the Site available by any means whatsoever, including via the internet;
• Carrying out the teletransmission of the Site or its distribution, its networking, and in particular over the internet and in any other form;
• Decompiling the Site, including for interoperability purposes or, in particular, for the purpose of creating a work derived from or competing with the Site;
• Translating, adapting, arranging, or modifying the Site.

Access to the Site does not confer a right of access to the Site's source codes. Any act to the contrary would constitute an infringement and would justify legal proceedings.

11. Closure of the Profile

Closure of the Profile at Your Initiative

You, or the Supervisor, may close your Profile at any time via the ESKIMOZ menu.

In any event, in the event of closure of the Profile, the Client remains obligated to pay any sum due in respect of the use of the Services prior to the date of closure of the Profile.

Termination of the Profile at ESKIMOZ's Initiative

ESKIMOZ may at any time terminate the right to use the Services in the event of a breach by you of the Terms of Use.

We reserve the right to prohibit access to the Services in the following cases:

• In the event of identity theft or bank card theft;
• You have breached the Terms of Use;
• The data you have provided are false;
• If we consider that your actions could present a risk to you, us, or third parties; or
• If an attempted bank debit from your account by the Stores has failed.

12. GENERAL PROVISIONS

Absence of Intuitu Personae

The User accepts that the Terms of Use and all agreements incorporated therein may be automatically assigned or transferred by ESKIMOZ at its sole discretion.

Governing Law

The Terms of Use are governed by French law.

Failing an amicable solution, any dispute relating to ESKIMOZ, the formation, validity, effects, interpretation, performance, or termination of the Terms of Use shall fall within the jurisdiction of the territorially competent courts.

13. CONTACT

For further information regarding your rights, to exercise them, or for any question or complaint concerning the Terms of Use, you may contact us via the contact form in the application (the "Contact Us" tab) or by: