Terms & Conditions

Last updated 19th February, 2021

WARNING: These Terms & Conditions are a translation of the French Conditions Générales. This English version has no legal value and is here for information but the French version is the only valid one.

Object

The purpose of these general conditions is to define the terms and conditions of use of the services offered on the site (hereinafter: the "Services"), as well as to define the rights and obligations of the parties in this context.

They are notably accessible and printable at any time by a direct link at the bottom of the home page of the site.

They may be supplemented, if necessary, by conditions of use specific to certain Services. In case of contradiction, the specific conditions prevail over these general conditions.

Operator of Services

The Services are operated by Ektora SAS, a simplified joint-stock company with a share capital of 10,000 euros, registered in Salon-de-Provence under number 883 046 849, whose head office is located 11 Allée Des Chevilles 13127 Vitrolles France, (hereinafter: "Ektora") and offered to the User represented as any natural or legal person acting on his behalf, making a purchase of Product (and/or Software) or being in a test period on Ektora (below: "User or Users").

These terms and conditions are subject to the law of France to the exclusion of all other rights. The Services are offered from France in Europe.

Ektora can be contacted at the following coordinates:

Postal address: 11 Allée Des Chevilles 13127 Vitrolles France

Email address: hi@ektora.com

Phone Number: +33 780-995-537

Access to the site and Services

The Services are accessible, subject to the restrictions provided on the site:

  • to any natural person with full legal capacity to commit under these general conditions. The natural person who does not have full legal capacity can only access the Site and the Services with the agreement of their legal representative;
  • to any legal person acting through a natural person with the legal capacity to contract in the name and on behalf of the legal person.

Acceptance of the general conditions

The acceptance of these general conditions is materialized by your registration on Ektora via the Registration form. This acceptance can only be full. Any membership subject to reservation is considered null and void. The User who does not agree to be bound by these general conditions should not use the Services.

Registration on the site

The use of the Services requires the User to register on the site, by filling in the form provided for this purpose. The User must provide all of the information marked as mandatory. Any incomplete registration will not be validated.

Registration automatically opens an account in the name of the User (hereinafter: the “Account”), giving him access to a personal space (hereinafter: the “Personal Space”) which allows you to manage your use of the Services in a form and according to the technical means that Ektora deems most appropriate for rendering said Services.

The User guarantees that all the information he gives in the registration form is exact, up to date, and sincere, and is not vitiated by any misleading character.

He undertakes to update this information in his Personal Space in the event of modifications so that it always corresponds to the above mentioned criteria.

It is the responsibility of the User to check if the general conditions have changed.

The User can access his Personal Space at any time after logging in using his login and password.

The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf unless he bears full responsibility for them.

He is also responsible for maintaining the confidentiality of his username and password. He must immediately contact Ektora at the contact details mentioned hereof if he notices that his Account has been used without his knowledge. It recognizes Ektora the right to take all appropriate measures in such a case.

Description of Services

The User has access to the Services described on the site, in a form and according to the functionalities and technical means that Ektora considers the most appropriate.

Paid services

Pricing

The price of the Services is indicated on the site. The Services are, by definition, monthly recurring plans with recurring monthly payments OR annual recurring plans with annual recurring payments.

Unless otherwise stated, they are expressed in euros and all taxes included.

Ektora reserves the right, at its discretion and in accordance with terms for which it will be the sole judge, to propose promotional offers or price reductions.

Pricing Revision

The price of Services is subject to review by Ektora at any time, at its discretion.The User will be informed of these changes by Ektora by email with at least 30 days notice before the entry into force of the new rates.

The User who does not accept the new prices must end their use of the Services in the manner provided for in article 18. Otherwise, they will be deemed to have accepted the new prices.

Billing

The Services are the subject of invoices which are communicated to the User by any useful means.

Payment terms

The terms of payment for the price of the Services are described on the site.

Payment is made by direct debit from the User's bank card number.

The direct debit is implemented by the payment service provider designated on the site, who alone keeps the User's bank details for this purpose. Ektora does not keep any bank details.

The User guarantees Ektora that he has the necessary authorizations to use the chosen payment method. He undertakes to take the necessary measures so that the automatic withdrawal of the price of the Services can be carried out.

Payment delays and incidents

The User is informed and expressly accepts that any delay in payment of all or part of a sum due on its due date will automatically result, without prejudice to the provisions of article 12 and without prior notice:

  • (i) forfeiture of the term of all sums due by the User and their immediate payment;
  • (ii) the immediate suspension of the Services in progress until full payment of all sums due by the User;
  • (iii) the possibility that the amount due will be collected again, several days after the failed payment.

Refunds

Because the Services are digital services delivered via the Internet, Ektora offers no refunds once the subscription has been paid except in the following exceptional cases:

  • A prorated refund (between 5 to 10 days) of the time of use will be made for the case where the User chooses a higher annual offer.
  • The User was given a 14-day trial period.

Subject to the right of withdrawal provided for in the article "Specific conditions for Consumers", the prices are due in full, the Customer cannot claim any refund in the event of non-use, partial use, suspension, or termination of the use of the Services before the end of the Use Period. This is without prejudice to the possibility for the Customer to engage the responsibility of Ektora under the conditions provided for in the article "Liability", if this situation results from a failure of Ektora to perform its obligations.

Data

The User expressly recognizes and accepts: that the data collected on the site and on the IT equipment of Ektora is proof of the reality of the operations carried out within the framework of the present; the User can access this data in his Personal Space.

Ektora needs your Instagram username and password to obtain the information required for Instagram. Ektora does not store, give or distribute your password to third parties.

Obligations of the User

Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations:

The User agrees, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

He is in particular solely responsible for the proper completion of all formalities including administrative, tax, and/or social, and all payments of contributions, taxes, or taxes of all kinds which fall to him, if any, in connection with his use of the Services. Ektora cannot be held liable in this regard.

The User acknowledges having read the characteristics and constraints, including technical, of all the Services on the site. He is solely responsible for his use of the Services.

The User is informed and accepts that the implementation of the Services requires that he be connected to the internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

The User is also solely responsible for the relationships that he may establish with other Users and for the information that he communicates to them within the framework of the Services. It is up to him to exercise appropriate prudence and discernment in these relationships and communications. The User also undertakes, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.

The User undertakes to make strictly personal use of the Services. He, therefore, refrains from assigning, conceding, or transferring all or part of his rights or obligations hereunder to a third party, in any way whatsoever.

The User undertakes to provide Ektora with all the information necessary for the proper performance of the Services. More generally, the User agrees to actively cooperate with Ektora with a view to the proper execution of these conditions.

The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including the name and/or the image possibly chosen by the User to identify him on the site) that he distributes in the framework of the Services (hereinafter referred to as the “Contents”).

It guarantees Ektora that it has all the rights and authorizations necessary for the dissemination of this Content.

He undertakes that said Content is lawful, does not infringe public order, accepted principles of morality or the rights of third parties, does not infringe any legislative or regulatory provision, and, more generally, is in no way liable to jeopardize Ektora's civil or criminal liability.

The User thus refrains from distributing, in particular and without this list being exhaustive:

  • Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
  • Counterfeit Content,
  • Content that infringes the image of a third party,
  • untruthful, deceptive or proposing or promoting illegal, fraudulent or deceptive activities,
  • Content harmful to third party computer systems (such as viruses, worms, Trojans, etc.),
  • and more generally Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any way and in any form whatsoever.

The User acknowledges that the Services offer him an additional but not alternative solution of the means which he already uses elsewhere to achieve the same objective and that this solution cannot replace these other means.

The User must take the necessary measures to save by his own means the information from his Personal Space which he deems necessary, of which no copy will be provided.

The User is informed and accepts that the implementation of the Services requires that he be connected to the internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

The User must be a human 13 years of age or older to use the Services. Accounts registered by "robots" or other automated methods are not allowed.

The User cannot have more than one free account.

User Guarantee

The User guarantees Ektora against any complaints, claims, actions, and/or claims of any kind that Ektora may suffer as a result of the violation by the User of any of its obligations or guarantees under these general conditions.

It undertakes to indemnify Ektora for any damage it would suffer and to pay it all costs, charges and/or convictions that it may have to bear as a result.

Prohibited behaviors

It is strictly prohibited to use the Services for the following purposes:

  • the exercise of illegal, fraudulent activities or activities which infringe the rights or security of third parties,
  • breach of public order or violation of applicable laws and regulations,
  • intrusion into a third party's computer system or any activity likely to harm, control, interfere, or intercept all or part of a third party's computer system, violate its integrity or security,
  • sending unsolicited emails and / or prospecting or commercial solicitation,
  • manipulations intended to improve the referencing of a third-party site,
  • assistance or incitement, in any form and in any way, to one or more of the acts and activities described above,
  • and more generally any practice diverting the Services for purposes other than those for which they were designed.

Users are strictly prohibited from copying and / or diverting the concept, technologies or any other element of the Ektora website for their own purposes or those of a third party.

The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into Ektora systems, (iii) any diversion of system resources from the site, (iv) all actions likely to impose a disproportionate burden on the latter's infrastructures, (v) all attacks on security and authentication measures, (vi) all acts likely to infringe financial rights and interests, commercial or moral of Ektora or the users of its site, and finally more generally (vii) any breach of these general conditions.

It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the site, as well as to the information which is hosted and/or shared there.

Penalties for breaches

In the event of a breach of any of the provisions of these general conditions or more generally, of a violation of the laws and regulations in force by a User, Ektora reserves the right to take any appropriate measure and in particular to:

  • (i) suspend or terminate access to the Services of the User, author of the breach or violation, or having participated in it,
  • (ii) delete any content posted on the site,
  • (iii) publish on the site any information message that Ektora deems useful,
  • (iv) notify any relevant authority,
  • (v) initiate any legal action.

Liability and warranty

Ektora undertakes to provide the Services diligently and according to the rules of the art, it is specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which Users recognize and expressly accept.

Ektora is not aware of the Content posted by Users in the context of the Services, on which it does not make any moderation, selection, verification or control of any kind and in which it only intervenes as a hosting provider.

Consequently, Ektora cannot be held responsible for the Content, the authors of which are third parties, any possible claim must be directed in the first place to the author of the Content in question.

Content harmful to a third party may be notified to Ektora, Ektora is reserving the right to take measures.

Ektora declines all responsibility in the event of any loss of the information accessible in the Personal Space of the User, the latter having to save a copy and not being able to claim any compensation in this respect.

Ektora undertakes to carry out regular checks in order to verify the functioning and accessibility of the site. As such, Ektora reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, Ektora cannot be held responsible for temporary difficulties or impossibilities of access to the site which arise from circumstances external to it, force majeure, or which are due to disturbances in telecommunications networks.

Ektora does not guarantee to Users (i) that the Services, subject to constant research to improve in particular performance and progress, will be completely free from errors, vices or defects, (ii) that the Services, being standard and not offered at the sole intention of a User given according to his own personal constraints, will specifically meet his needs and expectations.

In any event, the liability likely to be incurred by Ektora hereunder is expressly limited to only proven direct damage suffered by the User.

Relationship with Instagram:

  • Ektora is in no way affiliated with Instagram, Facebook or Instagram third-party partners.
  • Ektora does not aim to damage the image of Instagram.
  • Ektora works completely separately from Instagram.
  • Ektora is not trying to wrongly capitalize on Instagram's reputation.
  • The similarity between the Ektora and Instagram brands has no connection. These domain names and brands belong to absolutely different companies.

Additional Notes:

It is your sole responsibility to comply with Instagram rules and any laws to which you are subject. You use the Services at your own risk. Ektora is not responsible for your actions and their consequences. Ektora is not responsible if your Instagram account is blocked or banned for any reason. You should always keep in mind that there is a risk of losing your Instagram account when you use our Services (which are neither official nor approved by Instagram).

The expected number of followers, likes and comments is in no way guaranteed by Ektora. It all depends on the quality of your content.

When connecting an Instagram account to the Services, the Instagram account connects to a proxy provided by Ektora. The allocation of a proxy is based on the location of the User.

Ektora does not have proxies, but goes through a third party named "Bright Data" to obtain them. Ektora is not responsible for the proper functioning of "Bright Data" proxies. For more information contact Bright Data at the following email: sales@brightdata.com.

The purchase of a proxy may be necessary for the proper functioning of the Services.

Intellectual property

The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) operated by Ektora within the site are protected by all rights of intellectual property or rights of producers of databases in force. All disassembly, decompilation, decryption, extraction, reuse, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of Ektora are strictly prohibited and may be subject to legal proceedings.

Personal data

Ektora practices a personal data protection policy, the characteristics of which are explained in the document entitled "Legal notices", which the User is expressly invited to read on the site.

Publicity

Ektora reserves the right to insert on any page of the site and in any communication to Users any advertising or promotional messages in a form and under conditions of which Ektora will be the sole judge.

Third-party links and sites

Ektora can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) to which the User would access via the site.

Ektora accepts no responsibility for the content, advertising, products, and/or services available on such third-party sites and mobile applications, which are reminded that they are governed by their own conditions of use.

Ektora is also not responsible for transactions between the User and any advertiser, professional, or trader (including any partners) to which the User is directed through the site and can in no way be a party to some possible disputes whatsoever with these third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and other obligations whatsoever to which these third parties are bound.

Duration of Services, Unsubscription

The Services are subscribed for an indefinite period.

You can unsubscribe from the Services at any time.

The User can unsubscribe from the Services at any time from their Ektora profile, by clicking on the "delete" button and by filling out a form provided for this purpose.

The unsubscription is effective immediately. It does not results in the automatic deletion of the User Account.

Modifications

Ektora reserves the right to modify these general conditions at any time.

It is the responsibility of the User to check if the general conditions have changed.

The User who does not accept the modified general conditions must unsubscribe from the Services in the manner provided for in article 18.

Any User who uses the Services after the entry into force of the modified general conditions is deemed to have accepted these modifications.

Language

In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.

Applicable law and jurisdiction

These general conditions are governed by French law.

In the event of a dispute over the validity, interpretation, and/or execution of these general conditions, the parties agree that the courts of Salon-de-Provence will be exclusively competent to judge them unless there are mandatory rules of procedure to the contrary.

Coming into force

These general conditions entered into force on Mars 23 2021.