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These general therms of use are dated : 01/10/2021
The platform, accessible at the following address: www.tempr.ai, is the property of TEMPR, a simplified joint-stock company duly registered at Meaux Trade and Companies Register under number 899 424 253 and located at 94 rue de l’Orangerie, 77144 Montevrain (hereinafter referred to as “Tempr.”), which offers a technology powered by artificial intelligence that predicts the future of campaign values.
The publication’s director is Cloé Dana.
For any request relating to the use of the platform and/or the services offered, you may send an email to the following address: support@tempr.ai
Besides the terms defined elsewhere in this document, the terms and expressions listed below, and of which the first letter will appear in capital, will have the following meaning. These terms shall have the same meaning whether they are written in the singular or the plural:
● “Account”: refers to the User’s account, created as provided under Article 6 of the General Terms of Use, accessible from the Platform and allowing the Users to access and use the Services;
● “Content”: refers to the content available on the Platform and in particular the dashboards on prediction of campaign values;
● “GDPR”: Refers to the amended law n°78-17 of 6 January 1978 relating to information technology, files, and freedoms, known as the « Information Technology and Freedoms » law, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data;
● “General Terms of Use”: refers to the present general conditions of use of the Services;
● “Intellectual Property Elements”: refers to the elements contained on the Platform and/or the Services, in particular texts, images, technology and/or algorithms which are the exclusive property of Tempr.;
● “Login Details”: refers to the username or pseudonym chosen by the User (login), as well as his/her secret code (password) allowing the User to access to his Account;
● “Platform”: refers to the platform provided by Tempr. allowing the access to the Services and available at the following address: www.tempr.ai. The Platform includes in particular all computer
components (notably software and computer developments and web pages, including source and object code programs, preparatory design work, specifications and preliminary studies, user documentation relating to the use and operation of the Platform), the graphic charter (including projects, mock-ups, prototypes and plans), the infrastructure as well as the content (notably texts, sounds, fixed or animated images, videos and databases);
● “Privacy Policy”: refers to Tempr.’s privacy policy regarding data, accessible via the “Privacy Policy” section in the Platform;
● “Services”: refers to the services provided by Tempr. on the Platform, in order to allow Users to access to prediction and automation platform in order to maximize their return on ROI investment.;
● “User”: refers to any natural or legal person who meets the requirements provided by Article 5 of the General Terms of Use, who has created an Account under the conditions provided by Article 6 of the General Terms of Use in his or her personal capacity and who accesses and uses the Services.
The purpose of the General Terms of Use is to define the terms and conditions under which the Users access and use the Services through the Platform.
They describe in particular:
● the Services offered on the Platform;
● the conditions of access to the Platform and the Services;
● the conditions of connection of the Users to the Platform; and
● the obligations and responsibilities of all Users.
Any connection to the Platform and/or any use of the Services is subject to compliance with the General Terms of Use, which can be accessed at any time by a direct link on the Platform. Any access to or use of the Platform and/or the Services implies the concomitant and unreserved acceptance of the General Terms of Use.
The General Terms of Use must systematically be brought to the attention of Users to allow them to access and use the Services.
They apply exclusively to all uses of the Services and prevail over all other conditions, except for those that have been expressly accepted by Tempr. Accordingly, all other conditions are binding on Tempr. only after written confirmation by its representative.
IMPORTANT: NOTE TO USERS
ANY USE OF THE SERVICES INVOLVE THE USER’S EXPRESS, PRIOR, FULL AND COMPLETE ACCEPTANCE OF THE GENERAL TERMS OF USE.
BY CHECKING THE BOX: "I accept these General Terms of Use" AND BY ACCEPTING THEM WHEN ACCESSING THE PLATFORM AND/OR ACTIVATING THE SERVICES, THE USER ACKNOWLEDGES THAT HE IS BOUND BY THE ENTIRE GENERAL TERMS OF USE.
Tempr. encourages Users to read them carefully before accessing the Platform and/or using the Services and recommends that Users keep a printed version of the General Terms of Use applicable upon their first use of the Services, for their personal archives.
The Services allow Users who have created an Account, to:
● set-up his tracking tool and the marketing channels accounts used in his/her advertising activity; and
● access predictions and recommendations for applications, campaigns and channels, based on Tempr.’s algorithm.
Users acknowledge the Services offered by Tempr. are subject to the payment of fees and that the access to these Services is conditional upon payment.
Users acknowledge and accept that the Services are available in English.
To be able to use the Services, Users must:
● own a computer, a smartphone and/or a tablet, connected to an internet network; ● log on the Platform;
● have an effective internet connection; and
● create an Account in accordance with the conditions provided by Article 6 of the General Terms of Use.
Users warrant that they have full legal capacity to register and use the Services and in particular that they:
● are 18 (eighteen) years of age or older;
● are not competitors of Tempr. and/or are not registering and using the Services in order to compete with Tempr. in a fraudulent manner and/or in a manner that harms Tempr.’s interests; and
● are in full possession of their intellectual or cognitive faculties (and in particular are not in a state of dependency, under guardianship and/or under curatorship, etc.); and
● for legal entities, have the necessary powers to bind the company they represent.
Tempr. may not be held liable in the event of registration and use of the Services by persons who do not meet the conditions provided by this section.
Prior to any use of the Services, Users must register in the Platform. Indeed, Users will not be able to use the Services and access the Contents without first creating an Account.
Users can register to the Platform by connecting via the link sent by Tempr. to their email address. Users must:
1. Fill in the following information:
● Name;
● Surname;
● Company;
● Industry;
● Country;
2. Define a password;
3. Define a payment method;
4. Log in.
The creation of the Account is confirmed by an email which will also contain the login details, allowing the User to access the Platform.
Tempr. encourages Users to use "strong" passwords, mixing numbers, letters and symbols as well as upper and lower case letters.
Users are solely responsible for the protection of their Login details. In this regard, Users agree to keep their User IDs secret and not to disclose them in any form whatsoever. If one of the elements of the Login details is lost or stolen, the User must inform Tempr. without delay which will then proceed to the cancellation and/or the update of the Login details concerned.
The safeguarding of the confidentiality of the password entrusted to the User is the entire responsibility of the User. In this respect, the User is required to ensure, at the end of each session, that he/she has effectively disconnected from the Platform, in particular when accessing the Platform from a public computer.
If the User loses his/her password, he/she may request a new password through his/her Account.
As part of the creation of Account, Users commit themselves providing true, exact, up to date and complete information in particular relating to the identity, in accordance with article 6-II of the law n°2004-575 of June 21, 2004, on the confidence in the digital economy. Consequently, they undertake not to create a false identity that could mislead Tempr. or third parties and not to usurp the identity of another legal or physical person.
Tempr does not have control over the accuracy or reliability of the information provided by Users and cannot be held responsible for the consequences resulting from the provision of incomplete or erroneous information.
Users commit themselves to immediately update the communicated data in the event of modification of the aforementioned data. To do this, Users must go on their Account and modify their data.
In the event of suspected unauthorized use of any User’s Account, the User must inform Tempr. as soon as possible at the following email address: support@tempr.ai, in order for Tempr. to take all appropriate measures to solve the situation.
Users remain solely liable for the use that could be made of their Account by a third party who would have accessed the Services with their Login details.
Users are solely liable for all connections made using their login and password.
It is specified that in the event of a violation of the General Terms of Use by any User, Tempr. may refuse, at its own discretion, to open an Account for the concerned User.
The User's Account remains active as long as the User pays the subscription to the Services.
The User retains the possibility to stop his/her subscription to the Services. Termination by email to the following address: support@tempr.ai.
The User will remain liable for the full amount of the subscription until its expiration date.
The deregistration of an Account is definitive, the Account being irreversibly deleted, the personal data linked to it are automatically deleted and can no longer be recovered.
The deregistration of an Account does not prevent Users from re-registering and creating a new Account.
In the event of non-compliance with the obligations arising from the acceptance of the General Terms of Use, payment incidents of the price of the Services, delivery of erroneous information at the time of the creation of the account or acts likely to harm the interests of Tempr., the latter reserves the right to suspend without notice the access to the Platform and/or to the Services or, according to the gravity of the acts, to remove the Account of the User without that damages and interests can be claimed.
Tempr. uses all reasonable means at its disposal to ensure quality access to the Services. The Services are accessible via the Platform seven (7) days a week and twenty-four (24) hours a day.
However, due to the nature of the Internet, the connection to the Services is beyond Tempr.’s control and, in general, it cannot guarantee the User against any deterioration or malfunction.
Tempr reserves itself the right to interrupt the exploitation of the Platform and/or all or part of the Services at any time, with or without notice, in particular in order to ensure corrective and evolutionary maintenance of the latter, or presentation thereof. Insofar as possible, Tempr. will inform Users prior to any corrective or upgrade maintenance operation.
In addition, Users acknowledge that the Platform and/or the Services may be interrupted for reasons beyond Tempr.’s control and that Tempr. cannot therefore guarantee continuous access to the Platform and Services.
In any event, Tempr. may not be held liable for any interruption and/or malfunction of the Platform or Services, regardless of the cause.
Users are invited to inform Tempr. of any technical problem they encounter while browsing and/or using the Platform and/or Services, by writing to the following address: support@tempr.ai and describing the problem encountered.
By accessing the Platform, the User represents, warrants and agrees to:
● access the Services in good faith, in a reasonable manner, and not contrary to the terms hereof; ● not to directly or indirectly commercialize the Services and/or access to the Services; ● not to authorize third parties to use his/her Account;
● not to re-use all or part of the Services which it contains, in particular for commercial and/or collective purposes and/or for personal purposes in a form and/or a media not authorized by Tempr.
It is strictly forbidden to use the Services with the following ends:
● exercise of illegal activities, fraudulent or bearing reached with the rights or the safety of the thirds;
● undermining public order or violating applicable laws and regulations;
● intrusion into the computer system of a third party or any activity of a nature to harm, control, interfere with, or intercept all or part of the computer system of a third party, or to violate the integrity or security thereof;
● manipulations intended to improve the referencing of a third party site;
● aiding or abetting, in any form or manner whatsoever, one or more of the acts and activities described above; and
● more generally, any practice that misuses the Services for purposes other than those for which they were designed;
● copy and/or misappropriate for their own purposes or those of third parties the concept, technologies or any other element of the Platform;
● followings are also strictly forbidden:
o any behavior that may interrupt, suspend, slow down or prevent the continuity of the Services;
o any intrusions or attempts of intrusions in the systems of Tempr.;
o any detour of the system resources of the Platform;
o any actions of nature to impose a disproportionate load on the infrastructures of Tempr.; o any infringement of security and authentication measures;
o all acts likely to undermine the rights and financial, commercial or moral interests of Tempr. or the users of its Platform, and finally more generally;
o any breach of the General Terms of Use.
It is strictly forbidden to monetize, sell or concede all or part of the access to the Services and/or to the Platform, as well as to the information which is hosted and shared there.
Users are solely responsible for choosing to use the Services and for ensuring that they are suitable for their needs, for securing their computer system and for backing up their data.
In addition, they are personally responsible for the use of the Services as well as for the information they provide, in particular when creating their Account and using the Services.
Users guarantee and compensate Tempr. against any damage undergone by it and against any action in responsibility which would be committed against it on the basis of the violation of the General Terms of Use and/or any right of a third. In the case of characterized fraud, Tempr. is authorized to communicate all the necessary information to the qualified organizations in charge of the repression of the aforementioned frauds and infringements.
In the event of failure with one of the provisions of the General Terms of Use or more generally, of infringement with the laws and regulations in force by a User, Tempr. reserves the right to take any appropriate measure and in particular :
● at any time, without prior notice, to interrupt or suspend, temporarily or definitively, all or part of the access to the Platform and/or the Services of the User, author of the breach or the infringement, or having participated in it;
● to suspend or terminate the Account of the User without preliminary notice, being extended that this termination will intervene without damage of all the damages and interests that could claim Tempr. in repair of the damage undergone because of such failures of the User;
● to warn any authority concerned; and
● to engage any legal action.
In the case where the access to the Platform or the Services would be suspended and whatever the reason, Users will not be able to claim in no case with the allocation of a compensation of some nature that it is.
On the contrary, the User remains indebted for the subscription until the end of the subscribed period (except in case of default on the part of Tempr.) and in any case, for the payment of the Services.
The User expressly agrees that Tempr. shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, etc., as well as for any loss of profits or revenue, which may be incurred by the User directly or indirectly related to:
● the access to or use of the Services;
● the inability of the User to access or use the Services; and
● any unauthorized access, use or alteration of User's transmissions.
The User is solely responsible for his use of the Services.
Tempr. declines any responsibility in case of possible loss of the information accessible on the User's Account, this one having to save a copy of it and not being able to claim any compensation for this reason.
Tempr. does not act as an Internet access provider. As such, Tempr. can guarantee neither the quality of the Internet connection, nor the absence of interruption specific to the network.
Tempr. makes a commitment to proceed regularly to controls in order to check the operation and the accessibility of the Platform. For this reason, Tempr. reserves the faculty to interrupt momentarily the access to the Site for reasons of maintenance.
In the same way, Tempr. could not be held responsible for the difficulties or momentary impossibilities of access to the Platform and/or to the Services which would have for origin of the circumstances which are external to him, the force majeure, or which would be due to disturbances of the telecommunication networks.
Tempr. does not guarantee to Users (i) that the Services, subjected to a constant research to improve in particular the performance and the progress, will be completely free from errors, defects or faults, (ii) that the Services, being standard and by no means proposed to the only intention of a given User according to its own personal constraints, will answer specifically its needs and waitings.
No information or advice provided by Tempr. to Users in connection with the use of the Services shall be deemed to be the granting of a warranty.
Tempr. could not be responsible towards the User of any loss or damage which he/she could undergo because of any change or of any temporary or final suppression on behalf of Tempr. in the Services or the functions proposed on the Platform.
In any case, the responsibility likely to be incurred by Tempr. hereunder is expressly limited to the only direct damage undergone by the User.
Some elements (in particular images, design, text, technology and/or algorithms) displayed on the Platform and/or the Services are protected by intellectual property laws and, in particular, by copyright and are the exclusive property of Tempr.
Identically, the trademarks, logos, and animations contained on the Platform and/or Services are the exclusive intellectual property of Tempr.
It is agreed that the acceptance of the General Terms of Use do not cause any transfer of Tempr.’s intellectual property rights.
Tempr. grants Users, on a personal basis, the non-exclusive and non-transferable right to use the Platform and/or the Services, it being specified that they are prohibited - directly or indirectly - from copying,
modifying, creating a derivative work reverse engineer or assemble or in any other way attempt to obtain the source code (except as provided by law), sell, assign, sub-license or transfer in any way whatsoever any right pertaining to the Platform or the Services or associated software.
Users agree not to modify in any way the Platform, the Services or related software and/or not to use modified versions thereof and in particular (without this list being limitative) with a view to obtaining unauthorized access to the Platform and/or the Services.
Users are informed and acknowledge that the Platform, the Services, and any software used in connection therewith may contain confidential information or information protected by the intellectual property law in force or any other law. Users agree not to modify, rent, borrow, sell, distribute this content, or create derivative works incorporating all or part of this content, unless they have received Tempr. prior express permission.
The Intellectual Property Elements are made available to the User, free of charge, for the sole purpose of using the Platform and the Services and in the context of normal use of their functionalities.
This authorization to use the Intellectual Property Elements is personal, non-exclusive, and non-transferable. Tempr. may revoke this authorization to use the Intellectual Property Elements at any time.
Users are prohibited - directly or indirectly - from copying, modifying, creating a derivative work, reversing the design or assembly or in any other way attempting to find the source code (except as provided for by law), selling, assigning, sub-licensing or transferring in any way whatsoever any right pertaining to the Intellectual Property Elements. The User undertakes not to modify the Intellectual Property Elements in any way.
In the event of non-compliant or abusive use of the Intellectual Property Elements, Tempr. reserves itself the right to take any legal action to stop the infringement of its property rights.
In accordance with the amended law n°78-17 of 6 January 1978 relating to information technology, files, and freedoms, known as the "Loi informatique et Libertés", and the GDPR, Users are informed that Tempr. carries out automated processing of their personal data for the purpose of using the Services.
These data can be transmitted to the subcontractors of Tempr. who contribute to these relations for their management, execution, treatment, and payment.
Each User has the right to access, modify, rectify, limit, port and delete data concerning him/her, as well as the right to object.
To this end, they should contact the support department by email at the following address: support@tempr.ai.
Users are reminded that, as regards rectifications and updates of data relating to their Account, they make the necessary changes and deletions directly on their own Account.
For more information, Tempr. invites Users to read the Privacy Policy accessible on the Platform under the "Privacy Policy” section.
The said policy is an integral part of the General Terms of Use. Acceptance of the General Terms of Use implies acceptance of the related Privacy Policy.
It is specified that the privacy policy is compliant with the GDPR.
Tempr. reserves the right to modify, at any time, the General Terms of Use, in order to take into account any legal, jurisprudential, editorial, functional and/or technical evolution of the Platform and/or the Services.
The version that prevails is the one that is available online on the day of use of the Platform and/or the Services.
Any use of the Platform and/or the Services by the User after publication of the modified General Terms of Use implies the User's unreserved and express acceptance of the new General Terms of Use.
The General Terms of Use are updated regularly. Consequently, Users are invited to consult them each time they visit the Platform.
In addition, any modification is applicable fifteen (15) days after the notification to the Users by email of the update of the General Terms of Use.
In the event of disagreement with the new provisions of the General Terms of Use, the User undertakes to stop accessing the Platform and/or using the Services and to request the deletion of his/her Account at the following address: support@tempr.ai.
The General Terms of Use are valid and applicable as long as Users use the Platform and/or the Services.
The language of interpretation of the General Terms of Use is the English language.
The General Terms of Use constitute the entire agreement between the Users and Tempr. regarding the use of the Services and the Platform in general. In the event of a contradiction between the General Terms of Use and other elements, rules or guidelines appearing on the Platform, the General Terms of Use shall prevail.
In general, if one or more provisions of the General Terms of Use are declared null and void in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their effects. The same principles shall apply in the case of incomplete provisions.
No tolerance, whatever its nature, extent, duration, or frequency, may be considered as creating any right, nor be interpreted as a waiver of any of the provisions of the General Terms of Use.
The files, data and messages recorded in Tempr.’s computer systems shall be accepted as proof of the acts and facts occurring between Tempr. and the Users.
The preservation of records shall be presumed, in the absence of proof to the contrary, to have taken place under reasonable security conditions if the messages, data and other documents are systematically recorded on a reliable and durable medium.
The use and exploitation of the Platform and the Services are subject to French law. The validity, execution, and interpretation of the General Terms of Use applicable to the Platform and/or the Services are also subject to French law.
For any difficulties and/or questions regarding the Platform and/or the Services, Users are invited to contact the customer service department in order to try to find an amicable solution by email at the following address: support@tempr.ai.
In the event of a disagreement between the Parties, one of the Parties must inform the other by means of a registered letter with acknowledgement of receipt. Upon receipt of said letter, and within a period of fifteen (15) days, one of the Parties shall propose an amicable solution to the dispute. If this attempt fails or if there is no response, it may bring its dispute before the competent courts. The Parties therefore undertake to follow the amicable settlement procedure before bringing the matter before the courts, this attempt at mediation being a condition of admissibility for any legal action.
ANY DISPUTE RELATING TO THE VALIDITY, PERFORMANCE AND/OR INTERPRETATION OF THE GENERAL TERMS OF USE APPLICABLE TO THE PLATFORM AND/OR THE SERVICES OR IN RELATION TO THE GENERAL TERMS OF USE AND/OR THE PLATFORM AND/OR THE SERVICES SHALL BE SUBJECT TO THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, EVEN IN THE EVENT OF APPEAL OR MULTIPLE DEFENDANTS.
