General Terms of Use
These terms and conditions came into force on September 1 2022.
Gravite.io
Gravite, a Simplified Joint Stock Company (SAS)
SIRET (Head Office): 920 923 885 00023
RCS Number: 920 923 885 R.C.S. Paris
Head Office: 229 rue Saint-Honoré, 75001 Paris, France
Legal Representative: Mr. Syrbain Cellier
Contact: Emmanuel Euverte
Email: emmanuel@gravite.io
1. Purpose
These General Terms of Use and Sale (hereinafter "Terms") constitute the sole agreement between you, as a client (hereinafter "Client"), and Gravite.io ("we", "our", "Gravite"). They govern access to, and use of, Gravite.io's SaaS services, as well as legal obligations, including those related to data protection.
2. Definitions Gravite.io:
A company providing customer interaction analytics services via a SaaS platform, enabling companies to collect, analyze, and act on customer communication data to improve user experience.
Client: Any natural or legal person subscribing to Gravite.io’s services.
Services: Features provided by Gravite.io, including the collection and analysis of customer data from various communication channels, identification of trends and recurring issues, optimization of customer support processes, and facilitation of collaboration between support, customer success, and product teams.
User: Any person authorized by the Client to use the Services.
Client Data: Information submitted by the Client via the Services or provided to Gravite.io for the execution of the Services, including but not limited to data from CRMs, ticketing systems, and call recording software.
Confidential Information: Any technical, commercial, or financial information shared under this Agreement, identified as confidential or that the receiving party reasonably understood to be confidential.
3. Access and Use of ServicesUsage License:
Gravite.io grants the Client a non-exclusive, non-transferable right to access and use the Services solely for its internal needs, subject to payment of the corresponding fees as outlined in Article 9.
Authorized Users: The Client is responsible for managing user access and ensuring that only authorized Users use the Services.
Security of Credentials: The Client is responsible for the security of its access credentials. Gravite.io is not responsible for unauthorized access resulting from the Client’s negligence.
4. Usage Restrictions
The Client agrees not to:Use the Services to collect information about other clients without their consent.Access or copy data from other clients without their consent.Attempt to disassemble, decompile, or reverse engineer the Services.Interfere with the operation of the Services or the Gravite.io platform.
5. Intellectual PropertyOwnership of Gravite.io:
Gravite.io retains all rights, title, and interest in the platform and technologies used to provide the Services.
Usage License: The Client obtains a non-exclusive license to use the Services within its internal operations.
Client Data: The Client retains all rights to its Client Data. Gravite.io obtains a non-exclusive license to use the Client Data solely for the provision of the Services.
6. Protection of Client Data - Personal Data
Gravite's Commitment: Gravite.io undertakes to comply with the commitments provided in this article and to ensure that its personnel, both permanent and temporary, as well as any subcontractors, also comply, particularly by imposing similar commitments on them as outlined below.
Compliance with Applicable Laws: The Parties agree to collect and process any personal data in compliance with all applicable data protection laws, including Law No. 78-17 of January 6, 1978, as amended, known as the "Informatique et Libertés" law. Under this law, the Client is responsible for the processing carried out under the contract and for the personal data included in the Client Data by the Software and/or the Services provided by Gravite.io.
Use of Client Data: Gravite.io agrees to use Client files and Data only for the execution of this contract and in accordance with the Client's documented and written instructions, including regarding the transfer of personal data to a third country, unless required to do so under European Union or French law. Gravite.io will inform the Client if it believes that an instruction violates the GDPR or other laws or regulations.
Data Localization: Upon the Client's request, Gravite.io agrees to inform the Client at any time of the geographic locations where personal data is processed, stored, and transmitted for the purpose of providing the Services. Under this contract, Client Data is hosted by the service provided by OVH (acting as a subcontractor) on French territory.
Obligations under the GDPR: In accordance with Article 28 of Regulation (EU) 2016/679 of April 27, 2016, known as the "GDPR", Gravite.io agrees to:
Confidentiality: Ensure that individuals authorized to process personal data are committed to confidentiality or are subject to an appropriate legal obligation of confidentiality;
Security: Take reasonable security measures as required by Article 32 of the GDPR;
Client Assistance: Depending on the nature of the processing, reasonably assist the Client, through appropriate technical and organizational measures, in fulfilling its obligation to respond to requests to exercise rights made by data subjects;
Support for Compliance: Reasonably assist the Client in ensuring compliance with the obligations provided in Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to Gravite.io;
Data Destruction: At the Client's option, delete all personal data or return it to the Client upon expiration of this contract, and destroy existing copies, unless legally required to retain the personal data;
Availability of Information: Make available to the Client the information necessary to demonstrate compliance with the obligations provided in this article and to enable the Client to conduct audits to verify Gravite.io’s compliance with its obligations under this article. Audits may only take place once a year, subject to a minimum three (3) month notice and with Gravite.io’s written consent on the scope, duration, and methods of the audit.
Data Subcontracting: The Client gives Gravite.io general authorization to engage subcontractors (within the meaning of the GDPR) in the execution of this contract for specific processing operations. Gravite.io will select subcontractors providing sufficient guarantees regarding the implementation of appropriate technical and organizational measures. Gravite.io must enter into a contract with these subcontractors that includes legal obligations equivalent to those of this article. Gravite.io remains responsible to the Client for the subcontractors' compliance with their obligations. Gravite.io is obligated to inform the Client of any changes concerning the addition or replacement of other subcontractors, giving the Client the opportunity to raise objections to these changes. In the absence of an objection within ten (10) business days following the Client's notification, the change is deemed accepted by the Client.
Data Transfers Outside the European Union: In the event of personal data transfers outside the European Union to a country that does not provide an adequate level of protection for personal data, the Parties shall ensure that appropriate safeguards are implemented to govern such transfers, in accordance with the GDPR. Gravite.io will implement such safeguards, if necessary, with its own subcontractors.
7. Orders and Access to ServicesOrder:
After receiving the order from Gravite.io, the Client will receive instructions, such as the User Manual, allowing them to set up access to the Software.
Authentication Setup: The Client is responsible for setting up its Authentication Credentials. The Client may choose to set up access either using a professional email and password or via Google login. Gravite.io is not responsible for the initial setup but remains available to provide technical support if necessary.
Creation of New Accesses: As part of the use of the Services, the Administrator may have the ability to create new Administrator accesses. These User accesses are billed as soon as they are activated, according to the applicable pricing terms.
8. SecurityClient Responsibility:
The Client is, in any case, solely responsible for the use, storage, and confidentiality of the Authentication Credentials provided to its personnel, which allow access to the Software.
Security Policy: The Client must implement an appropriate information systems security policy, with comprehensive directives, and must train its personnel on best practices for information systems security.
Suspension for Security Reasons: In the event of a security alert that may suggest hacking or unauthorized access, Gravite.io may suspend all or part of the accesses at its discretion, immediately and without notice. Gravite.io will inform the Client if Client Data has been affected by this incident.
9. Financial Terms
Advance Payment: The Client agrees to pay the Service fees in advance, either on a monthly or annual basis, depending on the choice made when subscribing to the Services, as indicated in the quote or order form attached to these Terms.
Billing Terms:
Monthly Commitment: If the Client has opted for a monthly commitment, fees for the upcoming month are due on the billing date, as defined in the quote or order form. Payment must be received before the start of each monthly period.
Annual Commitment: If the Client has opted for an annual commitment, fees for the entire year are due on the billing date, as defined in the quote or order form. Payment must be received before the start of the annual period.
Service Suspension: In the event of non-payment by the due date, Gravite.io reserves the right to suspend access to the Services after a 15-day notice, sent by email. If payment is not made within this period, Gravite.io may terminate the contract in accordance with Article 11 below.
Taxes: The Client is responsible for paying all applicable taxes unless otherwise stated in the quote or order form.
10. Limitation of Liability
Gravite.io shall not be liable for indirect damages, such as loss of profits, data, or reputation.The aggregate liability of Gravite.io shall not exceed the amount of fees paid by the Client during the 12 months preceding the incident.
11. Duration and Termination
Contract Duration: The contract is concluded for a duration corresponding to the commitment chosen by the Client, either monthly or annual, as specified in the quote or order form attached to these Terms.
Renewal:
Monthly Commitment: The contract is automatically renewed at the end of each monthly period unless terminated by the Client with 15 days' notice before the end of the current period.
Annual Commitment: The contract is automatically renewed at the end of each annual period unless terminated by the Client with 30 days' notice before the end of the current period.
Termination for Non-Payment: Gravite.io may terminate the contract in the event of non-payment of fees due by the Client, after a 15-day notice, in accordance with Article 9. Termination will take effect immediately upon the expiration of this period, without prejudice to Gravite.io’s right to claim payment of amounts due until the end of the chosen commitment period.
Termination for Breach: Each party may terminate the contract if the other party fails to comply with a material obligation under the contract, after a 30-day notice in the case of an annual commitment, or a 15-day notice in the case of a monthly commitment, and if the breach is not corrected within this period.
Effects of Termination: In the event of termination, the Client will immediately lose access to the Services, and all Client Data will be deleted from Gravite.io’s systems unless the law requires retention. No refunds will be made for the remaining contract period in the event of early termination.
12. Insurance
Civil Liability: Gravite.io has subscribed to professional civil liability insurance covering all damages that may occur during the execution of this contract.
Proof of Insurance: Upon the Client's prior written request, Gravite.io will provide proof of its insurance policy.
Maintenance of Validity: Gravite.io undertakes to ensure that the insurance policies are and remain valid for the duration of the Contract.
13. Confidentiality
Confidentiality of Information: Each party agrees to protect the Confidential Information of the other party with the same care as for its own confidential information. This obligation persists for three years after the end of the contract.
Confidentiality of Client Data: Client Data is considered Confidential Information. Gravite.io agrees to use it only for the purposes agreed upon in this Contract.
Duration of Obligation: This obligation shall remain valid for a period of three (3) years following the termination of the contract and shall survive even after the cancellation, termination, or end of the contract.
Return or Destruction: Upon written request from the other Party, each Party shall return the Confidential Information or proceed with its definitive deletion as soon as possible.
14. Force Majeure
Force Majeure: Neither party shall be held liable if the performance of the contract is delayed or prevented due to a force majeure event, due to the other party or a third party, or due to external causes such as labor disputes, civil or military authority intervention, natural disasters, fires, water damage, telecommunications network interruptions, or power grid failures.
Notification: In the event of force majeure, the affected party must notify the other party in writing and make every effort to find a solution or attempt to mitigate its consequences to resume its contractual obligations as soon as possible.
15. Dispute Resolution
Governing Law: These Terms are governed by French law.
Jurisdiction: Any dispute relating to the performance or interpretation of this contract shall be subject to the exclusive jurisdiction of the courts of Paris, France.
16. General Provisions
Primacy of Documents: In the event of any contradiction between these Terms and the quote or order form attached, the terms of the quote shall prevail.
Entire Agreement: These Terms, attached to the quote, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements or discussions, whether written or verbal.
Modification: Any modification to this contract must be made in writing and signed by both parties.
Waiver: The fact that one or the other of the parties does not exercise any of its rights under these terms shall not constitute a waiver of its right to exercise them in the future.
Validity: If any provision of this contract is found to be invalid under a rule of law in force or a final judicial decision, it shall be deemed unwritten, without invalidating the contract or altering the validity of its other provisions.
17. Annexes
Annex N°1 Financial Conditions
Specified in the quote.
Annex N°2 Specification of Services
Collection and Analysis of Customer Data: Gravite.io enables the collection and analysis of data from various communication channels such as emails, chats, phone calls, and support tickets, to provide real-time insights into customer issues, satisfaction levels, and emerging trends.
Process Optimization: Identification of recurring issues to reduce the volume of repetitive requests, improve the efficiency of support teams, and enhance the overall customer experience.
Data Source Integration: Integration with CRMs, ticketing systems, and call recording software for a centralized view of customer interactions.
Inter-Team Collaboration: Tools allowing support, customer success, and product teams to collaborate more effectively by sharing insights on customer expectations and feedback.
Segmentation and Personalization: Advanced features allowing the analysis of specific subsets of data, such as issues encountered by a particular segment of customers or the most requested features.
Annex N°4
Software Access
Administrator License: User with paid access, having all features of the platform.Contributor License: User with limited access to certain features of the platform.
Annex N°5 Support
Gravite.io support is available from 9:30 AM to 6:00 PM, Monday through Friday.