Terms of Use

The Service is published by SKUADS, Société à responsabilité limitée (SARL) (SIRET 898 643 796 00045 — NAF/APE 6201Z), with registered office at 1480 Avenue d’Arménie, Bat C, Pôle Yvon Morandat, 13120 Gardanne, France.

Commercial contact: contact@skuads.com — Phone: +33 4 82 29 60 75.

These Terms of Service (hereinafter "Terms") set out the terms and conditions under which SKUADS (hereinafter "the Publisher") provides its customers and users access to the Skuads platform (hereinafter "the Service"), available via the web application at https://app.skuads.com and via the iOS (App Store) and Android (Google Play) mobile applications.

The Terms apply to any natural or legal person who accesses, uses or subscribes to the Service (hereinafter "User"). They form a legally binding contract between the Publisher and the User. Accessing or using the Service constitutes full and unconditional acceptance of these Terms.

For the purposes of these Terms:

• "Service": the Skuads SaaS platform, its APIs, web interfaces, iOS and Android mobile applications, associated features, and any subsequent updates or versions.
• "Account": the personal space created by the User to access the Service, protected by login credentials.
• "Workspace / Site": an isolated working environment corresponding to an organisation, establishment or client managed through the Service.
• "User": any natural or legal person, acting in a professional capacity, who accesses the Service directly or through an Account.
• "Administrator": a User holding elevated rights over one or more Workspaces.
• "Content": any data, text, file, media, configuration, statistic or information entered, imported, generated or published by the User through the Service.
• "Third-party Data": data relating to the User's customers, prospects, contacts, SMS recipients or callers, processed through the Service.
• "Credits": consumable digital units enabling access to certain premium features of the Service.

3.1. Account creation

Access to the Service requires creating an Account. The User undertakes to provide accurate, complete and current information at registration and to keep it up to date throughout the period of use.

3.2. Credentials and security

The User is solely responsible for keeping their login credentials confidential. Any connection made from their Account is deemed to have been made by them. The User undertakes to notify the Publisher promptly of any unauthorised access to their Account.

3.3. Workspaces

The User may manage one or more Workspaces corresponding to different establishments or clients. Each Workspace has isolated data. The User is responsible for managing access within each Workspace.

The Service is a multi-service SaaS platform dedicated to managing and optimising the digital presence of professionals. Depending on the subscription plan and configuration, it includes in particular:

4.1. Analytics and performance

• Centralised dashboards consolidating key performance indicators.
• Connection to audience analytics tools for online behaviour tracking.
• Data reports and exports.

4.2. Online advertising

• Management and tracking of campaigns on online advertising platforms (Search, Display, etc.).
• Connection to local services advertising platforms.

4.3. Reputation management and business listing

• Connection to online local presence management tools.
• Customer review collection and management.
• Visibility indicator tracking (views, calls, directions).

4.4. Call tracking

• Integration of an inbound call tracking solution.
• Call history, recordings and transcriptions (where the feature is enabled and with required consents obtained).

4.5. Social media and content management

• Social media content scheduling, publishing and management across major platforms.
• Multi-platform management from a unified interface.

4.6. Messaging and campaigns

• Contact, contact list and audience segment creation and management.
• Email and SMS campaign sending via dedicated sending providers.
• Message templates and campaign tracking (open rates, clicks, unsubscribes).
• Compliance with applicable consent obligations (opt-in/opt-out) for commercial messaging.

4.7. Artificial intelligence and content generation

• Assisted generation of marketing texts, summaries and suggestions via artificial intelligence models.
• Visual, presentation and video content generation.

4.8. Website generation and management

• Creation and deployment of client websites based on a content management solution.
• Content management, settings and technical maintenance of generated websites.

4.9. Lead forms and capture

• Creation and management of lead capture forms.

4.10. AVI products (Cards and Plaques)

• Management of AVI redirect cards and plaques linked to destinations configured by the User.

4.11. Settings and integrations

• Management of connected third-party accounts via secure authentication protocols.
• API Settings: site UUID and API key for third-party integrations.
• Management of connected accounts and tokens.

The Publisher reserves the right to evolve the Service's features (adding, modifying or removing features) to improve user experience, security or regulatory compliance.

5.1. General obligations

The User agrees to use the Service in accordance with these Terms, applicable laws and regulations, and with respect for the rights of third parties.

5.2. Prohibited conduct

The User agrees not to:

• use the Service for unlawful, fraudulent, misleading or contrary-to-public-order purposes;
• interfere with the security, integrity or availability of the Service;
• circumvent protection measures, access restrictions or technical limitations of the Service;
• access or attempt to access data belonging to other Users or Workspaces;
• transmit or store via the Service any unlawful, defamatory, hateful content or content infringing third-party privacy or intellectual property rights;
• use the Service to send unsolicited commercial communications in violation of applicable regulations;
• scrape or automatically extract any part of the Service's content or data without the Publisher's prior written authorisation.

When the User processes Third-party Data through the Service (contacts, prospects, SMS recipients, callers, website visitors, etc.), the User acts as the data controller within the meaning of the GDPR. The User is accordingly responsible for:

• having a valid legal basis for each processing operation initiated;
• providing data subjects with all information required by applicable regulations;
• obtaining necessary consents, in particular for marketing communications (email, SMS) and call recordings;
• respecting data subjects' rights (access, rectification, erasure, restriction, objection, portability);
• maintaining, where required, a record of processing activities covering operations carried out through the Service.

The Publisher acts as a data processor for such data and processes Third-party Data solely on the User's instructions and within the limits set out in the Privacy Policy.

The Service may integrate with third-party services (online advertising, local presence, social media, artificial intelligence, messaging, call tracking, etc.). Use of such services is subject to each provider's own terms and privacy policies. The User is solely responsible for complying with those terms and obtaining the necessary authorisations.

The Publisher shall not be held liable for the operation, availability or practices of third-party services.

9.1. Publisher's rights

The Service, its brand, logos, graphic elements, interface, source code, databases and all editorial content are the exclusive property of the Publisher or its licensors, and are protected by intellectual property law.

Subject to compliance with these Terms, the Publisher grants the User a personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service solely for the User's professional purposes, for the duration of the subscription.

9.2. User Content

The User retains all rights in the Content they enter, import or generate through the Service. The User warrants that they hold all necessary rights to such Content and that it does not violate any law or third-party rights. The User grants the Publisher a worldwide, non-exclusive licence, limited to the duration of use of the Service, solely for the purposes of hosting, processing and displaying the Content necessary to provide the Service.

Each party agrees to treat as confidential the other party's information to which it has access in connection with the Service, and not to disclose it to third parties without prior authorisation, except where required by law or judicial order.

The Publisher implements reasonable technical and organisational measures to ensure the security and integrity of the Service. The User agrees to apply appropriate security practices (strong passwords, multi-factor authentication where available, rigorous access management).

The Service is provided "as is" and "as available". The Publisher endeavours to maintain Service availability but does not guarantee uninterrupted or error-free operation. Planned or emergency maintenance may cause temporary interruptions.

Support is provided according to the subscription plan and through the channels indicated by the Publisher. Response times are indicative. For any application incident or bug: support@skuads.com.

To the maximum extent permitted by applicable law:

• The Publisher shall not be liable for indirect, consequential or incidental damages (loss of profit, loss of data, loss of business, etc.) resulting from the use or inability to use the Service.
• The Publisher shall not be liable for damages resulting from use of the Service not in accordance with these Terms, a third-party service failure or a force majeure event.

15.1. Termination by the User

The User may stop using the Service at any time and terminate their subscription in accordance with the applicable terms.

15.2. Suspension or termination by the Publisher

The Publisher reserves the right to suspend or terminate access to the Service, with or without notice depending on the severity of the facts, in the event of breach of these Terms, fraudulent conduct, security threats, or a judicial or administrative order.

15.3. Effects of termination

Upon termination, access to the Service is disabled. The Publisher may retain the User's data for the legally required period before deletion or anonymisation, in accordance with the Privacy Policy.

Personal data processing is described in the Privacy Policy accessible through the Service.

The Publisher reserves the right to modify these Terms at any time. In the event of a material change, the User will be informed by appropriate means (email, in-Service notification) with reasonable notice. Continued use of the Service after the new Terms take effect constitutes acceptance.

These Terms are governed by French law. Any dispute shall be submitted to the exclusive jurisdiction of the courts having jurisdiction over the registered office of SKUADS, unless mandatory law provides otherwise or the parties reach an amicable agreement.

For any question relating to these Terms: contact@skuads.com.