Terms of Service

1.1 Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and [COMPANY NAME], a company registered under the laws of France, with its registered office at [ADDRESS] ("Company," "we," "us," or "our"), governing your access to and use of the UGC Travel SaaS Platform available at ugc-platform.com (the "Platform").

By accessing, registering for, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately cease all use of the Platform.

We reserve the right to modify these Terms at any time. Amendments will be posted on the Platform with an updated "Last updated" date. Continued use of the Platform following notification constitutes acceptance of the modified Terms. Where changes are material, we will provide at least thirty (30) days' advance notice via email or prominent in-app notice.

These Terms apply to all visitors, registered users, and paying subscribers of the Platform. Additional terms may apply to specific paid subscription plans and are incorporated herein by reference.

1.2 Description of Service

The Platform is a business-to-business (B2B) SaaS tool designed for content creators and marketing professionals ("Creators"). It enables users to:

• Search for hotels, restaurants, villas, and other hospitality establishments using integrated third-party data sources;
• Retrieve and display publicly available contact information associated with those establishments;
• Compose and send prospection emails to establishments directly through the Platform;
• Manage prospection campaigns and contact history.

The Platform is intended strictly for professional and commercial use in the context of lawful business prospection. It is not a consumer-facing service.

The Company does not guarantee the completeness, accuracy, or legality of any contact information retrieved and displayed on the Platform. Such information is sourced from third parties, and the User bears sole responsibility for verifying it before use.

1.3 Account Registration and Security

Eligibility. You must be at least eighteen (18) years old and legally capable of entering into binding contracts to create an account. By registering, you represent and warrant that you meet these requirements.

Accurate information. You agree to provide accurate, current, and complete information during registration and to keep your account information updated at all times.

Account security. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately at security@ugc-platform.com upon becoming aware of any unauthorized access or security breach.

One account per user. Each natural or legal person may maintain only one active account. Accounts may not be transferred, sold, or shared without prior written consent from the Company.

Business accounts. Where an account is registered on behalf of a legal entity, the individual completing registration represents and warrants that they have full authority to bind that entity to these Terms.

1.4 Subscription Plans and Billing

Paid access. Certain features of the Platform require a paid subscription. Current plans, pricing, and included quotas (search credits, email sends, etc.) are described on the Platform's pricing page, which is incorporated herein by reference.

Payment processing. Payments are processed by our third-party payment provider, Stripe, Inc. By providing payment details, you authorize us to charge your payment method on a recurring basis in accordance with your selected plan. Stripe's own terms and privacy policy govern the handling of your payment information.

Automatic renewal. Subscriptions renew automatically at the end of each billing period unless cancelled at least twenty-four (24) hours before the renewal date via your account settings.

Refund policy. All fees are non-refundable except as expressly required by applicable law or as described in our Refund Policy. Pro-rated refunds are not provided for unused portions of a billing period.

Price changes. We may modify pricing at any time. We will provide at least thirty (30) days' notice before price increases take effect for existing subscribers.

Taxes. Prices shown may exclude applicable value-added tax (VAT) or other taxes, which will be added at checkout in accordance with the laws of your jurisdiction.

1.5 User Rights and Responsibilities

License grant. Subject to your compliance with these Terms and payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your internal business prospection purposes.

Your responsibilities. You agree to:

• Use the Platform only for lawful business prospection consistent with applicable anti-spam laws (including but not limited to GDPR Article 6, CAN-SPAM Act, CASL, and equivalent national legislation);
• Ensure all emails sent through the Platform include a clear identification of the sender, a genuine subject line, a physical address, and a functional unsubscribe mechanism;
• Comply with all applicable laws, regulations, and third-party rights in your jurisdiction;
• Maintain your own records of outreach activities as required by applicable law;
• Immediately remove from your prospection lists any recipient who requests to opt out.

Intellectual property ownership. You retain ownership of all content you create and upload to the Platform, including email templates, campaign copy, and uploaded materials ("User Content"). You grant the Company a limited, worldwide, royalty-free licence to process and transmit your User Content solely to provide the Service.

1.6 Prohibited Conduct

You must not, directly or indirectly:

• Use the Platform to send unsolicited bulk communications in violation of applicable anti-spam laws;
• Harvest, scrape, or otherwise collect personal data from third parties through the Platform in a manner inconsistent with applicable data protection law;
• Use the Platform to target individuals for personal, household, or consumer purposes (the Platform is a B2B tool only);
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation;
• Attempt to gain unauthorized access to the Platform, its systems, or other users' accounts;
• Introduce viruses, worms, malware, or any other harmful code;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform;
• Resell, sublicense, or otherwise commercialize access to the Platform without express written authorization;
• Circumvent usage quotas, rate limits, or technical restrictions;
• Use the Platform in any manner that could damage, disable, overburden, or impair its infrastructure;
• Use automated scripts or bots to interact with the Platform beyond what is explicitly permitted via our API (if offered);
• Use the Platform for any purpose that violates these Terms, our Acceptable Use Policy, or applicable law.

1.7 Intellectual Property

Company IP. The Platform, including all software, algorithms, design, text, graphics, logos, trademarks, and other materials (excluding User Content and third-party data), is owned by or licensed to the Company and is protected by intellectual property laws. Nothing in these Terms transfers ownership of any Company IP to you.

Third-party data. Establishment data retrieved through the Platform is sourced from third-party providers (including Bright Data) and may be subject to separate intellectual property rights. You may use such data only in accordance with these Terms and applicable law.

Feedback. Any suggestions, ideas, or feedback you provide regarding the Platform may be used by the Company without restriction or compensation.

1.8 Third-Party Services and Links

The Platform integrates with third-party services including, without limitation: Clerk (authentication), Stripe (payments), Google (OAuth, data sources), Bright Data (web data), and Hunter.io (email enrichment). Your use of those services is subject to their own terms and privacy policies.

The Company is not responsible for the content, availability, security, or practices of any third-party services or websites linked from the Platform. Links do not imply endorsement.

1.9 Disclaimers

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Company does not warrant the accuracy, completeness, timeliness, or legality of establishment data, email addresses, or any other information retrieved or displayed through the Platform.

The Company does not guarantee uninterrupted or error-free access to the Platform. Planned and unplanned maintenance may affect availability.

The Company does not guarantee the delivery, open rate, or response rate of any emails sent through the Platform.

1.10 Limitation of Liability

To the maximum extent permitted by applicable law, the Company and its officers, directors, employees, agents, partners, and suppliers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with your use of or inability to use the Platform.

To the maximum extent permitted by applicable law, the Company's total aggregate liability to you for any claim arising out of or related to these Terms or the Platform shall not exceed the greater of: (A) the total fees paid by you to the Company in the three (3) months immediately preceding the claim; or (B) one hundred euros (€100).

Some jurisdictions do not allow certain exclusions or limitations of liability. In such jurisdictions, the above limitations apply to the maximum extent permitted by law.

1.11 Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) any emails you send through the Platform.

1.12 Term and Termination

Term. These Terms remain in effect from the date you first access the Platform until terminated.

Termination by you. You may terminate your account at any time via your account settings. Termination does not entitle you to a refund of prepaid fees except as required by law.

Termination by us. We may suspend or terminate your account immediately, without notice, if we reasonably believe you have: (a) violated these Terms or our Acceptable Use Policy; (b) engaged in fraudulent or illegal activity; (c) acted in a manner that could harm the Platform, other users, or third parties; or (d) failed to pay amounts due.

Effect of termination. Upon termination, your licence to use the Platform ceases immediately. We may delete your account data in accordance with our data retention practices described in the Privacy Policy. Sections 1.7, 1.9, 1.10, 1.11, 1.13, and 1.14 survive termination.

1.13 Governing Law and Dispute Resolution

Governing law. These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of laws provisions.

Amicable resolution. Before initiating formal proceedings, both parties agree to attempt good-faith negotiation for at least thirty (30) days.

Jurisdiction. Subject to §1.13.2, any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of [CITY], France.

Consumer rights. If you are a consumer (not a business user), nothing in these Terms limits your statutory rights under applicable consumer protection law.

1.14 Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, Disclaimer, and Acceptable Use Policy, constitute the entire agreement between you and the Company regarding the Platform.

Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.

Waiver. Failure to enforce any provision does not constitute a waiver of that provision.

Assignment. You may not assign your rights or obligations under these Terms without prior written consent. The Company may assign its rights and obligations, including in connection with a merger, acquisition, or sale of assets.

Force majeure. The Company is not liable for failure or delay due to circumstances beyond its reasonable control, including natural disasters, government actions, cyberattacks, or telecommunications failures.

Language. These Terms may be provided in multiple languages. In the event of any conflict, the English version prevails.

Contact. For questions about these Terms: legal@ugc-platform.com — [COMPANY NAME], [ADDRESS].