- I – Object
- II – Services
- III – Prices
- IV - Orders
- V - Product availability and force majeure
- VI – Methods of payment for purchases
- VII – Functioning of the Site
- VIII. Obligations of the Customer
- IX - Withdrawal period
- X - Warranty and claims
- XI - Responsibility
- XII – Intellectual Property
- XVI - Use of collected data
- XVII - Law and Applicable Law
- XVIII - For the order analysis system (fraud detection)
- XIX - Miscellaneous provisions
Version updated on 23 June 2022
I – Object
These General Terms and Conditions of Sale (hereinafter the "GTC") apply in their entirety to all services provided by Dokey and are intended to specify the provisions applicable to the relationship between Dokey and its customers (hereinafter the "Professional Purchasers" or "Purchasers") on its online sales site: https://dokey.io. Dokey reserves the right to modify these Terms and Conditions of Sale at any time and without prior notice, which is why we recommend that each of our customers reread them carefully with each purchase. Finally, we would like to point out that our service is reserved for people who are legally capable of entering into contracts under French law.
The Société par actions simplifiées Octopulse S.A.S. (hereinafter "the Company") with a capital of 13769 euros, registered with the R.C.S. of Paris under the number 841 325 186, whose registered office is located at 5 Avenue du Général de Gaulle, 94160 Saint-Mandé, represented by Simon Deboeuf For any question you can contact us by mail at the address of the head office, by email at [email protected].
Any service provided by the company therefore implies the Buyer's unreserved acceptance of the rates offered on the site and of these general conditions of sale.
The present GTC are brought to the attention of the customer at the bottom of the Dokey website page. They are thus opposable to any Buyer, as soon as the latter acknowledges having read them without reservation by ticking the box "I have read and accept the general conditions of sale" on the website https://dokey.io.
The General Conditions are applicable notwithstanding any stipulation to the contrary appearing in any documents issued by the Client, and in particular in its general conditions of purchase.
The General Conditions are applicable subject to any stipulation to the contrary in the order form or in any special conditions concluded between the Company and the Client concerned.
II – Services
Dokey markets the content analysis service for its clients' websites (hereinafter the "Services"), allowing its users to be assisted in the creation of new texts in the field of SEO and search engine optimisation. The algorithm analyses and compares the site's text with that of its competitors in order to provide personalised recommendations for positioning the site in relation to visitors' search intentions.
The site and the services offered are not accessible by mobile phone and tablet.
Other additional services are offered to clients, such as the design of a personalised content strategy. These are either offered to clients during a sales call by email or telephone, or requested directly by the client. These services will be offered outside the platform and will be subject to private agreements between the parties, so that they are excluded from the scope of these GTC.
These additional services are not related to the use of the Dokey platform. They are the result of additional work carried out by our consultants. They can be accompanied by regular follow-up with the client. The frequency of follow-up varies according to the strategy and the client.
The Services presented on the Site are each the subject of a description mentioning their essential characteristics. This description may include descriptions, photographs and graphics which are provided for illustrative purposes only and may be modified/updated on the Site. However, the Company shall not be held responsible for any change in the characteristics of the products. The Company reserves the right to make any changes to the products listed on the merchant website that it deems appropriate, even after orders have been accepted, without however affecting the essential characteristics and performance.
Any purchase on our site that has not been disputed within fourteen days may not give rise to any claim after the date of the order.
III – Prices
The Services are provided at the Provider's current price listed on the Site on the day of the order. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate or equivalent tax, unless otherwise indicated.
A 7-day trial period is automatically applied upon registration. No credit card is required for this period.
The Services are invoiced and the price is due and payable at the [beginning/end of each month] in which the Services are provided. Any change in the price of the Services shall take effect from the next contractual period. If the Customer does not terminate the contract before this date, the new tariff will apply to the new contract period.
The subscription can also be invoiced annually from the SaaS. Or at the Customer's request: quarterly or half-yearly.
The price is firm and cannot be revised during the execution of the Services, the parties expressly waiving the provisions of Article 1195 of the Civil Code.
However, the Provider reserves the right to modify its prices at any time for any services that are subscribed to after this modification.
Any price reductions, discounts and rebates may apply to the Services under the conditions set out on the Website or in any other document communicated to the Customer. In the event of a promotional rate, the Service Provider undertakes to apply this rate to any order placed during the promotional period.
In case of early payment by the Customer, no discount will be applied. Under no circumstances may payments be suspended or offset without prior written agreement between the Service Provider and the Customer. Any unilateral suspension, deduction or set-off by the Client shall be treated as a default in payment and shall entail all the consequences of late payment.
Furthermore, it is expressly agreed that the Client is validly put in default of payment by the mere due date of the obligation, in accordance with the provisions of Article 1344 of the Civil Code. In the event of late payment of any of the due dates, the Service Provider reserves the right, without any compensation being due to the Client, to :
demand immediate payment of all sums due for the Services, such sums becoming immediately payable regardless of their initial due date;
refuse any new order or require for any new order a cash payment or a guarantee for the good execution of the commitments;
to charge any partial payment first to the non-preferential part of the debt and then to the sums that are due the earliest;
reduce, suspend or cancel access to the Services, [Time limit] days after the Service Provider has served notice to the Client without effect;
apply, without prior notice, to all amounts due, from the first day of delay until full payment, late payment penalties calculated at the rate referred to in Article L.441-6 of the Commercial Code; and/or
demand payment of a fixed indemnity of €40 for collection costs, for each invoice paid late, and payment of an indemnity equal to 10% of the sums still owed, without prejudice to compensation for any damage actually suffered.
Any change in the rates resulting from an increase in value added tax or the creation of any new tax based on the price of the Services will be immediately and automatically applied.
IV - Orders
Any Customer wishing to benefit from the Site and the Services offered must register on the Site via the following link https://dokey.io/app/signup. To register, the following conditions must be met :
have full capacity and act for strictly professional purposes;
create a personal space on the Site by filling in the various fields on the account creation form (name, company registration number, surname/first name of the referent, e-mail address, telephone number, etc.);
confirm acceptance of the General Conditions;
confirm their registration.
When creating an account with e-mail, the Client must choose a password, which guarantees the confidentiality of the information contained in the account.
In order to validate the registration, the Provider sends a confirmation e-mail to the e-mail address provided by the Customer. The Customer then activates his account by clicking on the hyperlink provided in the confirmation e-mail.
Each Customer guarantees the sincerity and accuracy of the information provided for the purposes of his registration, undertakes to notify him of any subsequent changes and guarantees that the said information does not infringe the rights of third parties.
The Customer may modify this information, login and password from his account on the Site.
The Customer agrees not to disclose or transfer his account, login and password and is solely responsible for their use until they are deactivated. The Customer shall immediately inform the Provider of any loss or unauthorised use of his account.
The Provider reserves the right to delete the account of any Customer who has provided incorrect information.
Access to the site and services
Access to the Services is possible from a computer, smartphone or tablet by connecting to the Site.
The subscription allows you to unlock features and a certain number of credits allowing the use of the platform.
Analysis credits :
An analysis credit is a consumable that allows you to launch an analysis on the platform.
The credits allow you to create a new project in order to write and optimise content.
Every month, at each new billing period, the analysis credits corresponding to the client's subscription are added to the user's account. Analysis credits not used in the previous billing period are by default renewed for an additional month. Credits that have already been renewed are deleted.
Clients must provide the necessary computer and telecommunications resources to access the Site.
The Services are accessible for an unlimited number of connections at a time.
Placing the order
To access the services offered on the Site, the Customer wishing to benefit from them must
log into their Customer account;
select the Services they wish to subscribe to;
fill in the various fields on the Customer order form (surname, first name, address, e-mail address, date of birth, telephone number, etc.);
confirm acceptance of the General Conditions;
confirm acceptance of the order for the Services;
choose the method of payment;
make the payment for the Services.
Unless expressly provided for on the Site, the Customer may not modify his or her order once it has been validated, which will be firm and final.
Upon receipt of payment for the Services included in the order, the Provider will send the Customer an order confirmation e-mail to the e-mail address provided by the Customer.
The order confirmation e-mail will summarise the essential characteristics of the Service(s) ordered, the total price, and any other relevant information. This e-mail will also indicate a tracking number for the Customer's order.
By placing an order on the Website, the Customer expressly agrees that the Service Provider may send an invoice electronically. However, the Customer may obtain a paper invoice by sending a request to Customer Services.
The order is governed by the Terms and Conditions in force on the day the order is placed.
V - Product availability and force majeure
The Service Provider shall not be liable if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale is due to a case of force majeure, i.e. any external, unforeseeable and irresistible event.
In particular, it is stated that access to and operation of the Site may be interrupted in particular in the event of force majeure, malfunctioning of the Customer's equipment or Internet network, failure of telecommunications operators, interruption of the electricity supply, abnormal, illicit or fraudulent use of the Site by a Customer or a third party, decision of the competent authorities, or for any other reason, without these circumstances being attributable to it.
VI – Methods of payment for purchases
The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price in exchange for the provision of the Service ordered. The Site uses the Stripe online payment solution.
Orders may be paid for using one of the following payment methods:
Payment by credit card. Payment via these bank cards is made in cash, without discount: in one go. The payment is made directly on the secure bank servers of the Provider's bank, the Customer's bank details do not pass through the Site, they are directly processed by the services of the Bank, which will be the only party responsible for processing and receiving the bank details. The bank details communicated during the payment are protected by an SSL (Secure Socket Layer) encryption process. Bank cards issued by banks domiciled outside France must be international bank cards.
Payment by SEPA direct debit authorised by our third party payment service provider Stripe.
If necessary, the order validated by the Customer will only be considered as confirmed when the Service Provider has been able to ensure the validity of the payment.
VII – Functioning of the Site
The Service Provider endeavours to ensure access and proper functioning of the Website 24 hours a day, 7 days a week.
The Service Provider reserves the right to make any changes and improvements to the Website and the Services that it deems necessary for technical developments or proper operation.
General and temporary interruptions of the Site and Services will, to the extent possible, be notified via the Site before they occur, except where such interruptions are of an emergency nature. However, we shall not be liable for any problems with the operation of the Site.
The Service Provider undertakes to take all necessary steps to perform the Services in accordance with the laws and regulations and the rights of third parties.
VIII. Obligations of the Customer
Each Client undertakes to access and use the Site and the Services in a loyal manner and in accordance with the laws in force and these General Conditions. Consequently, the Customer may not use the services offered to achieve an illegal goal or one that is contrary to the law and morality, nor to obtain an illicit profit or to the detriment of the provider or any third party. The services offered may only be used for the purposes for which they are offered on the site.
The customer shall refrain from any reverse engineering activity, or any activity that would allow the customer to compile information from the site or its systems in an unauthorised manner.
The data and information communicated or put on line by the Clients must be exact, sincere and loyal and will be communicated under their sole responsibility.
More generally, each Client undertakes to :
to ensure compliance, in all circumstances, with the legal, social, administrative and fiscal obligations applicable to their status as a professional;
not to modify, during the execution of the Services, their nature or their terms of supply, except with the prior written agreement of the Provider;
to pay the price of the Services in accordance with the conditions set out herein;
not to disseminate any illegal content or content that diminishes, disrupts, slows down or interrupts the normal flow of data on the Site;
to immediately notify the Service Provider of any difficulty, reservation or dispute arising during the performance of the Services or any abnormal, abusive or fraudulent use of the Website of which it is aware.
In the event that a Customer is responsible for an infringement of applicable law or an infringement of the rights of third parties, the Service Provider reserves the right to provide, at the request of any legitimate authority (court, administrative authority, police services), any information allowing or facilitating the identification of the offending Customer.
IX - Withdrawal period
As this is a supply of digital content without material support, the execution of which has started before the end of the withdrawal period, the right of withdrawal cannot be exercised for this contract.
The reimbursement of the service will be made within 30 days following receipt of the e-mail confirming the application of the right of withdrawal.
This right of withdrawal of 14 days does not apply to professionals. Indeed, the professional user does not benefit from any right of withdrawal.
X - Warranty and claims
In the event of non-performance or defective performance of the Services, the Client shall notify the Service Provider and express its grievances and reservations within thirty (30) calendar days from the date of the Client's knowledge, in order to allow the parties to make their best efforts to reach an amicable settlement of the situation within thirty (30) calendar days of the Client's initial notification.
A claim by the Customer does not entitle the Customer to suspend or defer payments.
Dokey cannot guarantee the suitability of the Services for any use other than that indicated on the Site, and therefore shall not be liable for the consequences of misuse or use not in accordance with prudence and custom. Unless expressly agreed otherwise and confirmed in writing by Dokey, the Customer must therefore ensure the suitability of the Services for the intended purpose.
XI - Responsibility
In the event of Dokey's total or partial failure to perform or breach of its obligations under these Terms and Conditions, Dokey's liability shall be limited to the amount of the relevant order and shall be limited to direct loss and/or damage only, excluding, without limitation, loss of profit and business interruption, loss of use, increased costs and expenses, including costs or payment of damages suffered by the Customer as a result of such failure or breach. In no event shall the Provider's liability exceed an amount equal to the price (exclusive of tax) charged to the Customer for the provision of the Services during the previous twelve (12) months.
Dokey shall not be liable for any damages whatsoever, including loss of opportunity or loss of profit, arising out of the Customer's failure to comply with applicable law or improper adaptation or use of the Service or any other cause whatsoever.
The Service Provider is bound by an obligation of means for the provision of the Services.
Each Customer acknowledges that he/she is aware of the constraints and limitations of the Internet and shall not hold the Service Provider liable for any malfunction in the access to the Services, for the speed at which the pages of the Services are opened and consulted, for the temporary or permanent inaccessibility of the Services or for the fraudulent use of the Website by Customers or third parties.
The Service Provider shall not be held liable for any of the above:
In case of failure to fulfil any obligation resulting from a fortuitous event or an event of force majeure within the meaning of Article 1218 of the Civil Code, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, factory closures, floods, fires, production or transport failures not resulting from its own actions, supply disruptions, wars, riots, insurrections and, more generally, any circumstance or event preventing the Company from properly performing its obligations;
in the event that the information, data, instructions, guidelines, materials or media communicated by the Client are erroneous or incomplete, and more generally in the event that the non-performance or defective performance of the Services results in whole or in part from the conduct, failure or default of the Client;
in the event that certain services or functionalities are not accessible on the Site due to the deactivation by a Client of cookies via the interface of the navigation software;
in the event that the functionalities of the Site prove to be incompatible with certain equipment and/or functionalities of a Customer's computer hardware.
Each Customer is also responsible for the content and information imported, stored and/or published on the Website, as well as the way in which he/she uses the information obtained through the service, and undertakes not to use any technical measure of such a nature as to allow the circumvention of the technical protection measures put in place by the Service Provider in order to avoid any fraudulent use of the Website and the Services.
Each Customer shall also take, under its sole responsibility, all measures to ensure the integrity and backup of all its data, files and documents and shall not hold the Service Provider liable for any damage to data, files or any other document that it may have entrusted to the Service Provider while using the Website and/or the Services.
More generally, each Customer agrees to indemnify and hold harmless the Provider from any claim, demand, or opposition and more generally from any proceeding that may be brought against the Provider as a result of the Customer's use of the Website or the Services.
In any event, the Service Provider shall not be liable for any indirect or consequential damages such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customers, loss of business, commercial loss or disturbance or loss of image, which may result from the defective provision or lack of provision of the Services.
In accordance with the provisions of Article 2254 of the French Civil Code, any legal action brought by a Client against the Service Provider shall be time-barred after the expiry of one (1) year from the date on which the Client concerned became aware or is presumed to have become aware of the harmful event.
The Customer agrees to indemnify and hold Dokey harmless from any claim, cost or damage arising from any abnormal, improper or non-conforming use of the Services, any breach of these Terms and Conditions or any fault or negligence of the Customer, including but not limited to use of the Services in conditions or for purposes other than those for which they are intended and failure to comply with the conditions of use, use and purpose of the services offered by Dokey.
XII – Intellectual Property
The Customer undertakes to respect all intellectual property rights of Dokey of which he declares to have had full knowledge.
The Service Provider is the sole owner of all content on the Site, including without limitation, all texts, files, images, whether animated or not, photographs, videos, logos, designs, models, software, trademarks, visual identity, database, structure of the Site, programs, structures and all other elements of intellectual property and other data or information that are protected by French and international laws and regulations relating to intellectual property.
Consequently, none of the content of the Website may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or for a fee, by a Client or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior written authorisation of the Service Provider, and the Client shall be solely liable for any unauthorised use and/or exploitation.
In addition, any extraction, integration, compilation, or use for commercial purposes of information contained in the databases accessible on the Website, as well as any use of software, robots, data mining systems and other data collection tools is strictly forbidden to the Clients.
However, the Service Provider grants to the Customers, subject to their compliance with these General Terms and Conditions, a non-exclusive and non-transferable right to access, download and print the contents of the Website for personal and non-commercial use.
By downloading and printing the contents, the Customer does not acquire any ownership or intellectual property rights relating to the Services. The Customer shall not, under any circumstances and for any reason whatsoever, modify the intellectual property rights relating to the Services, nor solicit or obtain any legal protection for any element of any nature whatsoever in connection with the Services, nor create or develop sites providing similar services using Dokey's tools, and in particular it is forbidden for the Customer to obtain licenses or grant sub-licenses in connection with the Services.
The Customer undertakes to inform Dokey of any action or claim by a third party concerning intellectual property rights relating to the Services and of any infringement by a third party of intellectual property rights relating to the Services and to assist in any legal action taken against the perpetrators or accomplices of such infringements.
The Customer undertakes to cease the use of intellectual property rights relating to the Services at the end of the contract with Dokey and at any time during the contract at the request of Dokey, if the Customer believes that these may infringe the intellectual property rights or other rights of third parties.
XVI - Use of collected data
Dokey undertakes not to divulge the information you provide to register your account and your order. You have, at any time, a right of access, rectification, and opposition to all your personal data by writing, by mail and proving your identity, to the following email address: [email protected]. We invite you to read our personal data protection policy by clicking here.
We collect your information in order to manage your orders, to personalise our services and to inform you about promotional offers. The person responsible for the processing is the company Octopulse.
XVII - Law and Applicable Law
Any dispute relating to this document, in particular concerning its interpretation, validity, performance and termination, as well as to the sales it governs, shall be subject to French law, even if the Professional Client is of foreign nationality and/or the Contract is performed in whole or in part abroad.
Any disputes that may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of these general terms and conditions shall be resolved, as far as possible, amicably.
In the event of failure, after a period of one month from the notification of one of the parties, the dispute shall be settled by the Courts of Paris.
The present General Conditions and the operations resulting from them are governed by and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
XVIII - For the order analysis system (fraud detection)
The data related to your order is subject to secure and automatic SSL (Secure Socket Layer) encryption. This secure processing makes it possible to fight against credit card fraud. The non-transmission of data related to your order prevents the completion and analysis of your transaction.
In order to combat fraud, the Service Provider or its payment or delivery service providers may request additional proof from the Customer or contact the Customer when accepting and/or shipping the order. In the event of an unjustified refusal by the Customer to provide the requested information and/or proof, the Service Provider reserves the right not to accept or to cancel the order without any right of objection.
The payment service provider is Stripe, located at 354 Oyster Point Blvd South San Francisco, CA 94080 United States.
The Service Provider also reserves the right not to accept or to cancel the order of any Customer who has provided incorrect information, who does not pay for the Services, with whom there is a dispute over the payment of a previous order or who has an abnormally high order level.
XIX - Miscellaneous provisions
Failure by Dokey to comply with any of its obligations shall not result in the immediate termination of any relationship by the Customer, for example by termination or suspension of the contract.
The fact that Dokey does not take advantage of any of the clauses of these general terms and conditions of sale at a given time shall not be interpreted as a waiver of the right to take advantage of each of the stipulations of these general terms and conditions of sale at a later date and shall not affect the validity of the other clauses.
The Customer undertakes in the exercise of its activity to respect the laws and other texts applicable in France and in the European Economic Area.
If there is a declaration of invalidity of any of the paragraphs or clauses of these general terms and conditions, the remainder of these general terms and conditions of sale shall remain in force, unless the part declared invalid is an essential obligation, the removal or cancellation of which would prevent the continuation of these general terms and conditions of sale in full.
Duration and termination
These Terms and Conditions are entered into for the duration of the provision of the Services, as may be specified in any special conditions or in the order form.
The Service Provider reserves the right to suspend a Customer's access to the Website and the Services on a permanent or temporary basis in the event of a breach by the Customer of its obligations under these Terms and Conditions.
In addition, the Service Provider may terminate the General Terms and Conditions in advance by sending a written notice:
in the event of a case of force majeure as referred to in Article 11 above;
after notifying the other party in the event of a serious breach by the latter of its obligations or under the applicable laws and regulations, which has not been remedied within a period of fifteen (15) days (where this breach can be remedied) following written notification indicating the nature of the breach and the need to remedy it.
The Customer may terminate the Subscription at any time by sending an e-mail to the following address: [email protected]. The cancellation will be effective one month after receipt of the cancellation. The Customer will be charged for the month following the cancellation request.
Modification of the terms and conditions
The Service Provider reserves the right to change the content or location of the Website, the Services and these Terms and Conditions at any time without notice.
Any use of the Site or the Services following a change to the Terms and Conditions shall constitute acceptance by each Client of such changes. The most recent and current version of the Terms and Conditions will always be available at the following address: https://dokey.io/legal/terms-of-use.
When the modifications made to the General Conditions are considered substantial, they will be brought to the attention of the Clients by e-mail and will have to be accepted by the latter the next time they connect to the Site.