Terms of use and sale
These terms govern access to the Brandesk service and its subscription by business customers.
This translation is provided for information. In case of discrepancy, the French version prevails.
1. Purpose and scope
These general terms and conditions (the “Terms”) are entered into between METEORA, a SARL (French limited liability company) with share capital of €500, registered with the Annecy Trade and Companies Register (RCS) under number 807 875 315 (“METEORA”), and any legal entity or professional that creates an account or subscribes to Brandesk (the “Customer”).
Brandesk is reserved for professionals acting in the course of their business. The Terms prevail over any document of the Customer, unless otherwise agreed in writing. The Data Processing Agreement (DPA) forms an integral part of the Terms.
2. Definitions
- Service: the Brandesk platform available at app.brandesk.io, which manages email signatures, digital business cards, NFC cards, lead capture, campaigns and analytics for the Customer's employees.
- Active Employee: an employee whose profile is active in the Service during the billing period.
- User: any person with access to the Service under the Customer's account.
- Plan: the subscribed plan (Signature, Signature + Cards or Enterprise) described on the Pricing page.
3. Account and access
The Customer provides accurate information and keeps it up to date. The Customer is responsible for its Users' access, for the confidentiality of their credentials and for actions performed from its account. The Customer notifies METEORA without delay of any unauthorized use.
Depending on the features, the Service requires a Google Workspace or Microsoft 365 directory (or a CSV import) and, for Outlook, deployment of the Brandesk add-in by the Customer's administrator.
4. Free trial
A 14-day free trial of the Signature + Cards Plan, with no credit card required, is offered to each new organization. At the end of the trial, access to features is suspended until a Plan is subscribed.
5. Description and evolution of the Service
The features included in each Plan are described on the Pricing page. METEORA may change the Service, in particular to improve it or adapt it to changes in third-party services (Google, Microsoft, CRMs), without substantially reducing the features of the subscribed Plan during the current period.
METEORA uses reasonable efforts to ensure the accessibility of the Service, without any guarantee of continuous availability. Interruptions for maintenance may occur; METEORA endeavors to schedule them outside business hours.
6. Prices, billing and payment
- Prices are stated in euros excluding taxes, per Active Employee per month. Applicable VAT is added.
- The subscription is billed monthly or annually, in advance, depending on the option chosen; the annual option benefits from the discount shown on the Pricing page.
- Only Active Employees are billed. Their number is updated daily; changes during a billing period are prorated.
- Payment is made by credit card via Stripe. Other payment methods may be provided for the Enterprise Plan.
- METEORA may change its prices; new prices apply from the next renewal, after the Customer has been informed at least 30 days in advance.
- If a payment fails, access is maintained while payment is retried; if payment is not successful, access to the Service is suspended until the account is brought up to date. Any late payment automatically incurs, by operation of law, late-payment penalties at three times the French statutory interest rate and a fixed indemnity of €40 for recovery costs (Articles L441-10 and D441-5 of the French Commercial Code (Code de commerce)).
7. NFC cards
NFC cards are ordered from the Service and billed per card, at the price shown on the Pricing page, on the subscription invoice following the order. The Customer approves the print proof (BAT) before production; once the proof is approved, the order can no longer be canceled. Cards are produced by a partner printer; production and delivery times are indicative.
Each card's chip points to the Service, which redirects to the employee's profile. The Customer can reassign, deactivate or report a card lost from the Service. When the subscription is no longer active, cards lead to a neutral page stating that the card is unavailable.
8. Customer obligations
The Customer uses the Service in accordance with its intended purpose and with the law. In particular, the Customer shall not use it for unlawful purposes or to send unsolicited communications, attempt to access other customers' data, disrupt the Service or extract its content by unauthorized automated means.
The Customer is solely responsible for the content it distributes through the Service (text, logos, photos, banners, legal disclaimers in signatures) and warrants that it holds the necessary rights.
9. Intellectual property
The Service, its software, its trademark and its content are the property of METEORA. The Customer is granted a non-exclusive, non-transferable right of use, for its internal needs and for the term of the subscription.
The Customer retains all rights to its content and data. The Customer grants METEORA the right to use them solely to the extent necessary to provide the Service.
10. Personal data
For the data of its Employees and of the contacts collected, the Customer is the controller and METEORA the processor, under the conditions of the DPA. Data processed by METEORA on its own behalf is described in the privacy policy.
11. Liability
METEORA is bound by an obligation of means (best-efforts obligation). It may only be held liable in the event of proven fault and solely for direct damages. Its liability is excluded for indirect damages (loss of revenue, customers or reputation), for malfunctions of third-party services (Google, Microsoft, CRMs, email services) and in the event of force majeure.
In all cases, METEORA's total liability is limited to the amounts paid by the Customer for the Service during the 12 months preceding the event giving rise to liability.
12. Term, renewal and termination
- The subscription is entered into for a term of one month or one year depending on the option chosen, and is automatically renewed for the same term.
- The Customer may cancel it at any time from its account; cancellation takes effect at the end of the current period, with no refund for the period already started.
- In the event of a serious breach by either party that is not remedied 30 days after formal notice, the other party may terminate automatically.
- At the end of the subscription, the Service's features are locked: signatures already installed remain in email clients but are no longer updated, digital cards are taken offline and NFC cards lead to a neutral page. The Customer may request an export of its data for 30 days; the data is then deleted in accordance with the DPA.
13. Changes to the Terms
METEORA may change the Terms. Material changes are notified by email at least 30 days before they take effect; a Customer who refuses them may cancel its subscription before that date.
14. Governing law and disputes
The Terms are governed by French law. In the event of a dispute, the parties shall first seek an amicable solution. Failing that, exclusive jurisdiction is granted to the courts of Annecy.