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General Terms of Use

  • Site:  refers to www.wisepops.com.

  • User:  refers to any professional, legal person, and/or individual entrepreneur who uses the services established by WISEPOPS during the first 14 (fourteen) days following the creation of their account.

  • Subscriber: any User who has subscribed to a subscription package.

  • Content:  refers to the text, images, sounds, videos, and photographs that may be featured in the Pop-up or WISP Notification.

  • Pop-up: banner and/or window containing information (text, images, sounds, videos, photographs, hypertext links, and forms) prepared by the User and/or Subscriber, under their exclusive responsibility, that will be distributed by WISEPOPS on the site of the User and/or Subscriber.

  • WISP Notification: an icon and/or drawer hidden or revealed at the User’s request containing information (text, images, sounds, videos, photographs, hypertext links, and forms) prepared by the User and/or Subscriber, under their exclusive responsibility, that will be distributed by WISEPOPS on the site of the User and/or Subscriber.

  • Personal account: space dedicated to the User and/or Subscriber containing personal information.

Article 1. OBJECT & LEGAL NOTICE

The present General Terms of Use (hereafter “GTU”) have as their object the definition of the access conditions and terms of use of the Site.

By becoming a User or a fortiori Subscriber of the Site, you acknowledge that you have read and understood the terms of the GTU and that you agree to be bound, without restrictions or reservations, by all its provisions.

The GTU are published on the Site and are provided free of charge to the Users and/or Subscribers. They are also displayed during the registration of Subscribers, who confirm that they have read and accepted them in their totality in order to validate their registration.

WISEPOPS reserves the right to modify, at any time, the provisions of the GTU – modifications which will apply immediately. It is the sole responsibility of the User and/or Subscriber to regularly consult the GTU.

The Site is edited by

Publication Director of the Site: Mr. Benjamin CAHEN

HOST: OVH
SAS with capital of €10,069,020
RCS (Commercial Registry): Lille Métropole 424 761 419 00045

Headquarters: 87 boulevard Suchet 75016 Paris, FRANCE.

Article 2. User and Subscriber accounts

2.1 Prerequisites

The registration of a User and/or Subscriber account is strictly reserved to professionals, legal persons under both public and private law acting through their representative, who is duly authorized for this purpose, and individual entrepreneurs.

Any User and/or Subscriber shall guarantee WISEPOPS against any claims from third parties regarding the Content displayed in the Pop-ups or WISP Notifications under the conditions set forth in Article 5 below.

2.2 Accounts creation

A User can only create a single account in the “Get Started” section on the Site. The registration will be finalized by the sending of an activation email with instructions for activating the User account. 

The data collected and subsequently processed by WISEPOPS is voluntarily transmitted by the User and/or Subscriber to the Site, in particular via the registration form. This data consists of a company name, a website address, a valid email address, the choice of a password, and the first and last name.

The password chosen by the User and/or Subscriber associated with their account is strictly confidential. It cannot be communicated or shared with third parties. Under no circumstances can WISEPOPS be held responsible for the abusive use, loss, or theft of this password.

Furthermore, WISEPOPS, as it does not have the means to ensure the identity of the persons registering for its services, is not responsible in cases of identity theft of the User and/or Subscriber. If you believe that a person is using your account or your identity, you must immediately inform us of this by email at the following address: [email protected].

2.3 Trial period

WISEPOPS offers any User a free 14-day trial period without the User having to provide its payment information.

Article 3. FINANCIAL CONDITIONS

3.1 Pre-paid subscriptions

Following the 14-day trial period, the User must select a pre-paid subscription package from among those listed on the WisePops/Pricing page, where the prices are determined before taxes, in order to keep using their WisePops account.

As soon as a User subscribes to a subscription package, its User account is automatically turned into a Subscriber account. The Subscriber may then decide to create additional accounts attached to its Subscriber account. Each account can be used by one identified person. Subscriber will be charged for any additional account created.      

The applicable VAT rate shall be that in effect on the subscription date.
All payments owed to WISEPOPS are to be made by electronic payment via a valid bank card.
Each payment is the subject of an invoice provided to the Subscriber’s Personal account.
The absence of payment or the default in collection by WISEPOPS shall result in the deactivation of the Subscriber account and any related account. In case of termination by the Subscriber, any payment for a subscription period already begun is due and no reimbursement shall be due.

3.2 Subscription packages

WISEPOPS offers several subscription packages as described on the Site. Other personalized packages are available by contacting us by email at [email protected].
For each subscription, it is up to the Subscribers to integrate their subscription code into the source code for each of their web pages.

Pop-ups packages

The price of the subscriptions is determined based on the number of pages of the User’s and/or Subscriber’s site that are visited per month by Internet users and not based on the number of views and/or clicks on the Pop-ups. Beyond the number of views established for each of the packages, the Pop-up(s) is/are blocked until the following month, and the User and/or Subscriber is alerted by email and on their Personal account.

Unless provided otherwise between the parties, price details are available on the Site (https://wisepops.com/pricing/).
The page view count begins on the first day of each month and ends on the last day of that month, it being specified that for the first month invoiced, the number of page views and the amount of the package shall be prorated based on the subscription payment date.
The subscription is monthly or annual and tacitly renewable; the subscription may be terminated at any time but will not be refunded. The annual subscription must be terminated two months before the anniversary date of its renewal.

The payment for the subscription is due even in case of non-exploitation of the Pop-up(s).

WISP Notifications packages

Unless provided otherwise between the parties, price details are available on the Site (https://wisepops.com/pricing/).

Beyond the number of views established for each of the packages, the WISP Notification(s) is/are blocked until the following month, and the User and/or Subscriber is alerted by email and on their Personal account.


The subscription is monthly or annual and tacitly renewable; the subscription may be terminated at any time but will not be refunded. The annual subscription must be terminated two months before the anniversary date of its renewal.

The payment for the subscription is due even in case of non-exploitation of the WISP Notification(s).

Article 4. COMMITMENTS AND GUARANTEES

4.1 Exclusive Responsibility of the User and/or Subscriber:

The User and/or Subscriber shall agree to respect this GTU and the laws and regulations in effect within the country in which their headquarters are located.
The User and/or Subscriber shall be solely responsible for the content and legality of the statements, information, announcements, and – more generally – the content (including the images, sounds, videos, photographs, etc.) of the Pop-ups or WISP Notifications. Indeed, WISEPOPS, being limited to the distribution of the Pop-ups or WISP Notifications under the sole responsibility of the User and/or Subscriber, neither verifies nor checks the Content prior to its publication.

4.2 Loyalty, Honesty, and Legality Obligation

The User and/or Subscriber shall agree not to act dishonestly or unprofessionally by publishing inappropriate, incorrect, or detrimental Content in the Pop-ups or WISP Notifications (not violating any confidentiality that would be attached to it, and guaranteeing that the Content of the Pop-Ups is not denigrating, defamatory, offensive, discriminatory, or obscene, and more generally that it respects the rights of third parties in that it is in no way a source of violence, racism, xenophobia, and/or pedophilia, and does not generally violate in any way regulations regarding children’s rights and decency).

4.3 Rights and Authorizations

Any Content reproduced for the purpose of being published in the Pop-up or WISP Notification by the User and/or Subscriber is their full and exclusive responsibility, and they declare and guarantee that they possess all the rights and authorizations necessary for this publication such that the liability of WISEPOPS may never be sought.

4.4 Judicial Scope and Financial Guarantees

Each of the Users and/or Subscribers shall guarantee WISEPOPS against any claim and/or action that may be initiated by a third party in any capacity whatsoever and, in particular, anyone who believes that they have any rights over the rights in question relating to the Content of the Pop-ups or WISP Notifications and shall bear all the costs of the proceedings (including lawyers’ fees) to which WISEPOPS may be exposed in this respect, as well as all damages and interest which WISEPOPS may be sentenced to pay.

4.5 Penalties

  • In case of a breach of any of these obligations and without this list being limiting, WISEPOPS reserves the right:
    either to intervene in any Content promoting crimes against humanity, inciting racial hatred or violence, exhibiting pedophilia, violating human dignity, violating freedom of expression (defamation, racist or offensive statements…), the freedom of others, and/or practices contrary to morality, and to notify the User and/or the Subscriber as moderator that, failing the immediate removal by them of the contentious statements and/or images and/or sounds, the Pop-ups or WISP Notifications as well as their Subscriber Account will be cancelled without further notice or refund of the subscription fees that they have paid,

  • or to remove, without prior notice, the Content disputed by a User and/or a Subscriber or a third party, and to close the User’s and/or Subscriber’s account.

Article 5. LIABILITY WAIVER

5.1 Content and partnership arrangements

The Content and the publication of the Pop-ups or WISP Notifications shall be made under the sole and exclusive responsibility of the User and/or Subscriber, both with regard to WISEPOPS and to any third parties.
As WISEPOPS is limited to the distribution of the Pop-ups or WISP Notifications as well as the Content edited under the sole responsibility of the User and/or Subscriber, its liability may not be engaged, directly or indirectly, in any capacity whatsoever.
Indeed, WISEPOPS is in no way mandated by the Subscriber and may not be held liable for the Content (whether information, sounds, and/or still or moving
images) placed online and displayed on the User’s and/or Subscriber’s site.

5.2 Technical access

WISEPOPS may not in any way guarantee operation without interruption or error. In particular, momentary interruptions due to maintenance, updates, or technical improvements are likely to occur without WISEPOPS’ liability being able to be engaged in this respect.
To the extent possible, WISEPOPS shall inform Subscribers prior to a maintenance or updating operation.
Similarly, WISEPOPS’ liability may not be sought in case of malfunction, impossibility of access, or poor user conditions of the Pop-up or WISP Notification attributable to unsuitable equipment, for disruptions attributable to the host or to the service provider of the User and/or Subscriber, for congestion in the Internet network, and/or for any other reason outside of WISEPOPS’ control, a fortiori in case of force majeure.
WISEPOPS shall moreover not be liable for indirect damages suffered due to the publication of the Pop-ups or WISP Notifications on the Subscribers’ site.
WISEPOPS may not be held liable for graphical or typographical errors.

5.3 Limitation of liability

WISEPOPS cannot be held liable for any consequential, punitive and indirect damages, including any loss of data, loss of income, loss of opportunity, loss of clientele or damage to the reputation due to the provision of services by WISEPOPS. In any event, WISEPOPS’ liability shall be limited in aggregate and for the duration of the agreement to the fees paid to WISEPOPS for the concerned subscription package during the six months preceding the event giving rise to liability. Any claims based on WISEPOPS’ liability are time-barred in six months following the occurrence of the event.

Article 6. INTELLECTUAL PROPERTY

The Site in its entirety (including, without limitation, WISEPOPS content, structure, databases, graphics, images, etc.), as well as the WISEPOPS trademark, the logo, the graphic charter of the Site, and each of their components, are the exclusive property of WISEPOPS. Any reproduction or representation in whole or in part is strictly forbidden.

In particular, it is completely forbidden to make a qualitatively or quantitatively substantial extract of the databases placed online on the Site.

The content developed by the User and/or Subscriber within the Pop-ups or WISP Notifications remains their sole property.
By signing up for WISEPOPS the User and/or Subscriber enables us to publicly reference them as a client.

Article 7. PERSONAL DATA

7.1 WISEPOPS acting as a data controller

By creating an account or subscribing to a subscription package, Users and/or the Subscribers are informed and consent that WISEPOPS processes their personal data directly collected from them (“WisePops Data”) in the following conditions:

Purposes of data processing

  • provision of services by WISEPOPS (including billing, account management, support, sales and marketing purposes)

  • statistical purposes, given that in such a case, information used will not enabled to identify personally an individual

Types of data

  • identification and contact data (name, surname, title, professional address, emails, phone numbers)

  • log-in data (IP addresses, location data, cookies data and logs)

Legal basis

  • User and/or Subscriber’s consent

  • processing necessary for the performance of a contract

Duration

  • Users’ data: duration of the trial period plus twelve (12) months 

  • Subscribers’ data: duration of the contractual relationship with WISEPOPS plus five (5) years.

Recipients

  • Third party providers for the sole purpose of the provision of services by WISEPOPS to Users and/or Subscribers

Transfer outside the European Economic Area

  • Users’ and Subscribers’ data may be transferred to US subcontractor entities which offer the necessary guarantees and/or warranties for the security and confidentiality of data and comply with applicable law and regulations. 

To perform the services, WISEPOPS is also required to process personal data related to User and/or Subscriber data on their behalf. Such processing is the subject of a separate Data Processing Agreement.

Users and/or Subscribers have the right to request access to and rectification or erasure of their personal data or restriction of processing concerning their data or to object to processing as well as the right to data portability. Users and/or Subscribers can exercise their rights by sending an email to WISEPOPS at the following email address: [email protected]. In addition, Users and/or Subscribers have the right to lodge a complaint with the competent supervisory authority.

7.2 WISEPOPS acting as a data processor

A data processing agreement is set forth on the Site and forms part of the present GTU.

Article 8. DURATION - TERMINATION

8.1 Duration

Any registration takes effect as of the date of subscription to one of the subscriptions specified in Article 3.
After the initial period, the registration shall be tacitly renewed if it has not been terminated.

8.2 Termination

In case of violation or fraud by a User and/or by a Subscriber of the GTU, WISEPOPS reserves the right to immediately suspend or even permanently close, without notice and as of right, the User’s and/or Subscriber’s Account as well as the distribution of their Pop-ups or WISP Notifications.

Each User and/or Subscriber may terminate, at any time and without notice, their account. However, no refund will be issued by WISEPOPS to the Subscriber.

The termination of the User’s and/or Subscriber’s account will result in the suspension of all content of the Pop-ups or WISP Notifications from the User’s and/or Subscriber’s account.

In the event that the User and/or Subscriber may use the elements of their Personal account contrary to their intended purpose, WISEPOPS reserves the right to terminate their account without warning. The User and/or Subscriber shall be solely responsible for the use of their identification elements by third parties and for the actions or statements made through their account, whether or not they are fraudulent. The User and/or Subscriber shall guarantee WISEPOPS against any claims in this respect.

Article 9. Miscellaneous

9.1 If one or several provisions of the GTU are deemed to be invalid or are declared as such under any law or regulation or following a definitive decision by a competent court, the other stipulations shall retain their full force and scope.

9.2 In case of contradiction between the titles assigned to the articles of the GTU and their content, only the content shall prevail.

9.3 WISEPOPS declares that it elects domicile at its headquarters as mentioned at the beginning of the present document, and the Client declares that they elect domicile at their headquarters as indicated on the Form. Any change in contact information must be duly notified to the other party. Failing that, any such changes may be deemed unenforceable.

9.4 During the User’s and/or Subscriber’s visit to the Site, certain information, including the visitor’s IP address, is recorded in files called “cookies” installed on the User’s and/or Subscriber’s computer, subject to the choices that the User and/or Subscriber has made concerning cookies, which may be modified.

Article 10. Assignment of Jurisdiction

The GTU are governed by French law.

Any interpretation and/or dispute which may result from the GTU as well as any disputes between WISEPOPS and a User and/or Subscriber relating to the conclusion or execution of the services provided by WISEPOPS are the exclusive jurisdiction of the competent courts located in Paris.

Company

WisePops, SAS (Simplified Limited Liability Company) – Capital: 10 000€
Company Registration number, Paris, France: n° 792 748 477
Authorized representative and CEO: Benjamin Cahen.

Headquarters Address
87 boulevard Suchet 75016 Paris, France

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