Terms of Service

Last modified: July 25, 2023

These terms of service are entered into by and between A Data Coffee (“A Data Coffee,” “us,” “we” or “our”) and our customer (“Customer,” “you,” or “your”).

Please review these terms with attention. By using our application, you acknowledge that you’ve read, understood, and accepted this Agreement. While this Agreement may be updated occasionally, it’s your responsibility to stay updated with the most recent version. However, we’ll inform you of significant changes. 

Any use of our services after changes are implemented means you agree to those changes. We’ll note the date of the most recent updates at the top of this Agreement, under “Last Modified.”

By using our services, you confirm that:

    A. You accept and will comply with this Agreement.

    B. If you are using our application as a representative of an organization, you have the power to enter into legally binding agreements for the organization.

    C. You are responsible for anyone who uses our application through your account, such as your employees, consultants or contractors (“Authorized Users”).

Definitions

    1. We use capitalization for terms that have a special meaning in this Agreement. While some terms are defined elsewhere, this section sets out the definitions of some key terms.

• “Agreement” means these Terms of Service, including any annexes thereto which form an integral part thereof and which in their totality, govern your relationship with Agorapulse;
• “Applicable Law” means the laws of France;
• “Application(s)”, “App” or “Product(s)” refers to our web app “app.adatacoffee.com”, and any services that you access or purchase through our websites or mobile applications.
• “Authorized User” refers to individuals who either sign up for the application directly online or are invited by you and given access to use the application.”
• “Data” refers to private and confidential details about your business. This can include technical and commercial details about your company, parent company, or any subsidiaries. It encompasses information on systems, processes, software, and services.
• “Service(s)” refers to the services provided by our application, app.adatacoffee.com.
• “Subscription Term” means the period of time for which subscription to the application shall be made available to you.
• “Taxes” refers to all taxes and fees that may be applied to the sale or licensing of goods and services. This includes sales, use, and value-added taxes, customs duties, and any related charges. It also covers any related interest, fines, and penalties imposed by any level of government, whether local, state, national, or foreign.
• “Website(s)” refers to our websites, such as adatacoffee.com, and all its current and future subdomains.
• “you”, “your”, “Customer”, and similar terms mean the person or legal entity accessing or using our Application. 

About Using Our Services

    2. Under this Agreement, you and your Authorized Users can use our application as per your chosen plan. Any other methods, like using robots or scraping technologies, are not allowed.

    3. Our application is always changing. We might adjust our services, including adding or taking away features, without always notifying you. We aren’t responsible for any changes in pricing, pauses, or ending any of our services.

Privacy & Data Protection

4. We may collect information about you and your company, when using our application. This covers account details, usage patterns, and support queries. Learn more in our privacy policy (https://adatacoffee.com/privacy-policy/).

Confidentiality

    5. If we share private details about A Data Coffee, you must keep it secret and make sure others can’t access or share it.

Intellectual Property

    6. Feedback: We appreciate any ideas, comments, problem reports, requests, or other input (“Feedback”) you share. We aren’t required to treat Feedback as confidential. By offering Feedback, you give A Data Coffee the unrestricted right to use and share it however we see fit, without any fees.

    7. Courses: All lessons and courses delivered through our application are the exclusive intellectual property of our company. Unauthorized use, modification, or distribution of our content for commercial or non-commercial purposes is strictly prohibited.

Payment Terms, Trials and Renewal

    8. Fees and Trials. You must pay all fees for the application services you purchase, except for services that we expressly offer free of charge. We’ll automatically bill you on the first day of a paid subscription and each renewal date, unless you cancel or switch to a free service before the current period ends to avoid charges.

    9. Auto-Renewal of services. Application services will renew automatically at the end of the term (which may be monthly or annually, depending on the plan you chose), and we will automatically bill you on renewal unless you cancel or downgrade.

    10. Paid Services. For our paid services, please provide a valid credit card or electronic payment method. We’ll bill you automatically according to your plan. We’ll share your payment details with banks and payment processors to handle your transaction.

  11. Unpaid Fees. If you owe us any unpaid fees, w we reserve the right to restrict your access to our paid services without prior warning. You’re still required to settle all fees for the current billing cycle (whether monthly or yearly) even if you decide to cancel or downgrade your plan during that period.

    12. Taxes. You are responsible for paying all taxes on all fees that you pay to us. Local taxes may differ based on your payment method.

Cancellation and Termination of Self-Serve Services

    13. You may cancel or downgrade your plan at any time. If you cancel (or downgrade), you must continue to pay for the rest of your plan term and you are not entitled to a refund.

    14. Service Restrictions: We reserve the right to deny service, including free plans, to anyone at our discretion. Your access to our services can be suspended or terminated without prior notice. If your agreement ends due to violations of our Acceptable Use Rules or any other terms, no refund will be provided. However, if we end your access without a specific reason, we’ll refund you for any services you haven’t received yet. 

Disclaimer of Warranties and Limitation of Liability

    15. We provide our services “as is” without any promises or guarantees. This means we don’t promise they’ll be perfect, always available, error-free, or fit for a specific purpose. Use our services at your own discretion and risk.

    16. We’re not responsible for any indirect damages or losses, like lost profits or data, that come from using our services or related to this agreement.

    17. Any advice or information you receive from us, whether spoken or written, won’t establish any guarantee not explicitly mentioned in this Agreement.

Claims and Disputes

    18. The laws of French civil court will govern any dispute, cause of action or claim arising out of this Agreement or your use of our services, without giving effect to conflict-of-law principles.

    19. If you are dissatisfied with our services or believe that you’ve been harmed by your use of our application, you may terminate your use of our application (as set out above). That termination is your sole and exclusive remedy (and our sole and exclusive liability) under this agreement.

    20. If you breach this Agreement or violate our rights or another person’s rights, we may ask a court to stop you; if we bring a claim against you, you will reimburse us for our reasonable legal fees for that claim.

Miscellaneous

    21. Integration with Slack. A Data Coffee interface with Slack to deliver chat-based courses. By using this feature, you are also bound by Slack’s terms of service. We disclaim responsibility for any technical or security issues arising from this third-party integration.

    22. Force Majeure. We are not responsible for any delays or failures in our obligations under this Agreement due to unforeseen events beyond our control. This includes natural disasters (like earthquakes, floods, or severe weather); human-made events (such as vandalism, accidents, or sabotage); cyber-attacks; power disruptions; acts of war or terrorism; government actions or court orders; and labor disputes like strikes or lockouts.

    23. Notices to You. We might send notices by displaying a message on our application or by reaching out to you using the contact details you provided, like email or phone. Keep your contact details up-to-date to ensure you don’t miss important updates about our services or this agreement.

    24. Notices to A Data Coffee. For any notice to A Data Coffee that you give under or regarding this Agreement, you must notify us by email to legal@adatacoffee.com.

    25. Entire Agreement. This Agreement, along with any related documents referenced herein, represents the full understanding between you and us regarding your use of our services. It’s binding on both parties, as well as any permitted successors and assignees.

Any concern?

If you have any questions, concerns, or feedback, please contact us.