TERMS AND CONDITIONS OF USE AND SALE

The use of the « lebot.io » platform (hereinafter the « Platform »), property of lebot.io llc, a company incorporated under the laws of the United States of America, registered under number 7055188, whose registered office is located at 4405 Jager Dr Ne, Ste C4 Unit 2321 Rio Rancho 87144 New Mexico- America, implies unreserved acceptance of these General Terms and Conditions of Sale and Use (hereinafter the « GTCSU ») by the User.

ARTICLE 1 – Preamble

LEBOT.IO offers a marketing automation platform in SaaS (Software as a Service) mode, designed to enable Users to promote their activities using automated tools.

ARTICLE 2 – Definitions
« Subscription(s) »: refers to non-committal subscriptions taken out by the User in order to use the

Platform;

« User »: refers to the natural or legal person who holds a User account and connects to the Platform in order to use the Services;

« User Account »: means the account to be created on the Site by the User, created in accordance with the procedure described in article 9.1 hereof;

« Data »:

User Data: refers to all Personal Data of the User, as well as all information relating to an identified or identifiable natural person, hosted by LEBOT.IO and entered by the User as part of t h e use of the Services provided by the Platform;

Personal Data: refers to all types of information, data and content collected and processed in connection with the use of the Services, hosted by
LEBOT.IO, which, within the meaning of Regulation 2016/679/EU of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, commonly known as the « General Data Protection Regulation », abbreviated to « GDPR », make it possible to designate or identify, directly or indirectly, a natural person ;

• Processing of Personal Data: refers to any automated processing in whole or in part, as well as to the non-automated processing of Personal Data contained or intended to be contained in a file, as defined in Article 2 paragraph 1 of the RGPD.

« Platform »: refers to the platform owned by LEBOT IO LLC and made available to the User; « Services »: refers to all services offered by LEBOT IO LLC on the Platform;

« Site » or « Website »: refers to the website hosting the Platform, accessible at the following address www.lebot.io

ARTICLE 3 – Purpose

The purpose of the Platform is to enable Users to automate their marketing operations, using specific IT tools.

The present CGUV define :
the conditions of subscription, pricing and duration of Subscriptions offered by

– LEBOT.IO to the Customer so that the latter can access the Platform;
the conditions under which LEBOT.IO makes the Services present on the Platform available to the

User.

The subscription of any Subscription as well as any beginning in the use of the Platform implies, on the part of the User, the acceptance of the present CGUV.

Subscription prices are given for information only and may be revised at any time by LEBOT.IO.

The User is therefore deemed to accept all the rules stipulated herein, as well as those which may be present in any document available on the Site or Platform, integrated into the present CGUV by reference and which govern his relationship with LEBOT.IO.

The present CGUV are enforceable for the entire duration of use of the Platform and until new CGUV replace the present ones.

The User also acknowledges having consulted the legal notices appearing on the Platform prior to any use of the Services offered via the latter.

ARTICLE 4 – Subscription

4.1 – Placing an order

Any subscription to a Subscription offered on the Site in order to benefit from access to the Platform implies a definitive commitment on the part of the Customer to pay the price as well as unreserved acceptance of the entirety of the present CGUV.

The Subscription is definitively subscribed when the Customer :

• –  accepts the present CGUV by ticking the appropriate box;
  
• –  pays for his order in full under the conditions set out in article 6 of these CGUV.
  The Subscription is activated within the deadlines specified in article 7 of the present CGUV. Acceptance of the Subscription order is confirmed by e-mail from LEBOT.IO.
  

The data recorded in LEBOT.IO’s computer system constitutes proof of the entire transaction with the Customer.

ARTICLE 5 – Rates

Subscriptions are provided at the rates in force on the day the Subscription is taken out on the Site.

These prices include all taxes.
LEBOT.IO offers the following subscriptions:

Subscription Monthly price Annual price
Standard	49.90 € INCL. VAT	499 € INCL. VAT
Pro	79.99 € INCL. VAT	799 € INCL. VAT
Ultra	149.99 € INCL. VAT	1499 € INCL. VAT

ARTICLE 6 – Terms of payment

The Subscription price is payable in full in a single instalment upon subscription on the Site. Subscription activation is subject to full payment of the Subscription price.
The Customer may use the following payment methods to pay for the Subscription:

– payment by Visa, MasterCard or American Express. ARTICLE 7 – Subscription activation

Unless otherwise indicated, LEBOT.IO will immediately activate the Subscription on the Customer’s User Account upon payment by credit card.

Confirmation that the Subscription has been activated is sent by e-mail to the User.

ARTICLE 8 – Duration – Renewal – Termination 8.1 – Duration
8.1.1 – Monthly subscription

The Monthly Subscription takes effect on the day it is activated by LEBOT.IO, and continues for an indefinite period.

LEBOT.IO does not grant the Customer any right of withdrawal, as the Subscription is activated immediately upon receipt of payment.

The Customer may terminate the Monthly Subscription at any time by sending an e-mail to

support@lebot.io.

It is expressly specified, recognized and accepted by the User that in the event of early termination of the monthly Subscription, the sums paid for the Subscription remain definitively acquired in their entirety by LEBOT IO LLC and cannot be reimbursed.

8.1.2 – Annual subscription

The annual Subscription takes effect on the day it is activated by LEBOT IO LLC , for a duration of ONE year.
(1) year.

No right of withdrawal is granted by LEBOT IO LLC to the Customer, the activation of the Subscription being immediate upon receipt of payment.

The Customer may terminate the Annual Subscription at any time by sending an e-mail to

support@lebot.io.

It is expressly specified, recognized and accepted by the User that in the event of early termination of the annual Subscription, the sums paid for the Subscription remain definitively acquired in their entirety by LEBOT IO LLC and cannot be reimbursed.

ARTICLE 9 – How to register on the Site in order to use the Platform
1. In order to use the Platform, the User must first register by following the registration process

detailed on the Site.

The User may access the Platform by completing the registration form available on the Site.

The User must identify himself/herself and complete in good faith all the information and details requested on the registration forms used to create a User Account, in accordance with the procedure described on the Site.

Before validating the registration form, the User must check the accuracy of all the information given on the registration form, and in particular the e-mail address and password chosen and communicated, insofar as this information enables the User’s account to be identified.

   

2. The User must be at least 16 years of age when registering on the Site. The User undertakes to request and obtain written authorization from his/her legal representatives prior to any registration.

3. After registration, the User will access his/her User Account by logging on to the Site.
The User is obliged to maintain the confidentiality of his/her connection settings. Users are reminded

that their connection settings are for their own personal use only.

The User is responsible for the use of his/her login data. The User is prohibited from lending or transferring his/her login data to any third party or allowing any third party to connect to his/her User Account.

4. In the event that the User provides false, inaccurate, outdated or incomplete data, LEBOT IO LLC shall be entitled to suspend or close the User’s account and to refuse the User access to all or part of the Platform in the future.

ARTICLE 10 – Description of the general operation of the Platform

The Platform provides the Customer with an automated customer prospecting system, using the following technical means:

• –  Automatically connect and engage with Facebook profiles and send a personalized message;
  
• –  Automatically connect and engage with profiles on Instagram and send a personalized message;
  
• –  Automatic connection and engagement with profiles on Tiktok sending a personalized message;
  
• –  Automatically connect and engage with LinkedIn profiles and send a personalized message;
  
• –  Automatically connect and engage with profiles on WhatsApp and send a personalized message;
  
• –  Automatic connection and engagement with Twitter profiles (X) and creation of threads and tweets
  –
  ARTICLE 11 – Access to the Site and Platform – Responsibility of BOT IO LLC
  The use and maintenance of the IT and telecommunications resources required to access the Site and Platform are the responsibility of the User, who alone shall bear the costs of use and maintenance of the IT and telecommunications resources.
  BOT IO LLC shall not be held liable for any damage to any computer or telecommunications equipment resulting from the use of the Site and/or the Platform.
  BOT IO LLC reserves the right, without prior notice or compensation, to temporarily or permanently close the Site and the Platform, which may be in whole or in part, in particular for the purposes of updating or modifying the Platform.
  BOT IO LLC reserves the right to make changes and improvements to the Site and the Platform.
  

BOT IO LLC makes every effort to ensure access and proper functioning of the Site and Platform 24/24 – 7/7.

BOT IO LLC shall not be held liable for any interruption of access to the Site and/or Platform, whether voluntary or involuntary, it being specified that BOT IO LLC undertakes to make its best efforts to limit any interruptions attributable to it.

ARTICLE 12 – Rules for using the Platform
12.1 The User undertakes to use the Platform in accordance with the laws in force and with these

GCU.

Content distributed via the Platform must in particular :

• –  Comply with current legislation,
  
• –  Do not violate the privacy of others,
  
• –  Not to make any illegal statements, in particular those of a violent, abusive, defamatory, racist, revisionist, war crimes, paedophile or sexual nature, or that incite murder, suicide, discrimination or hatred, etc. nature,
  
• –  Not to reproduce, represent or distribute a work whose content reproduces without authorization a work protected by intellectual property,
  
• –  Do not include messages inciting to proselytize and displaying religious and/or political beliefs,
  
• –  Not to denounce or humiliate a person directly by naming them via the Site and/or Platform.
  Content that does not comply with these rules may be deleted by LE BOT IO LLC, which moderates content posted on the Platform to ensure that i t complies with the laws and regulations in force and with the rules set out in these GCUV.
  BOT IO LLC reserves the right to inform the User of any content contrary to these GCUV.
  BOT IO LLC reserves the right to take, at its own discretion, the appropriate measures and remedies vis-à-vis the User responsible, depending on the seriousness of the event, and/or to take any action it deems necessary to maintain the reputation and integrity of the Site and Platform (deletion of the contentious content; warning; suspension of access to the account of the User in question; etc.).
  12.2 The User undertakes to make fair use of the Site and Platform, and in particular not to circumvent the Platform and its services.
  Similarly, the User undertakes not to extract any content from the Site and Platform for a similar or competing activity, or for recruitment purposes.
  12.3 The User is solely responsible for the content posted on the Platform. BOT IO LLC cannot be held civilly responsible for the contents posted by the User who is solely responsible for them. The User commits himself to guarantee BOT IO LLC against any claim from third parties who would be harmed by the contents posted on the Platform.
  

ARTICLE 13 – Termination

13.1 – Termination of access to the Platform by BOT IO LLC

In the event of breach of any of its obligations by the User as stipulated in the present CGUV, and more broadly, in the event of non-compliance with the present CGUV, LE BOT IO LLC may, after formal notice sent by any means remaining without effect for a period of TEN
(10) working days, permanently terminate the User’s access to the Platform, without the User being entitled to claim any compensation whatsoever.

It is expressly specified that any termination of access to the Platform by LE BOT IO LLC shall not give rise to reimbursement of the remaining term of the Subscription taken out by the Customer.

13.2 – Termination of site registration by the Customer

The User has the right to request the cancellation of his/her registration on the Platform, after making a request to this effect to LE BOT IO LLC, by e-mail sent to support@lebot.io.

LE BOT IO LLC undertakes to proceed with the deletion of the User’s account within a period of SEVEN (7) working days from receipt of the Customer’s request.

It is expressly stipulated that any termination of access to the Site by LE BOT IO LLC at the User’s request shall not give rise to reimbursement of the sums paid by the User for the subscription.

ARTICLE 14 – User liability

The User is solely responsible for the use of the tools provided on the Platform. In this respect, and in the event of an error in the use of one of the Services by the User, the latter may not request any total or partial reimbursement of his/her subscription, unless the error is due to a technical fault on the Platform.

ARTICLE 15 – Responsibility of BOT IO LLC

BOT IO LLC provides the User with Services allowing him to automate his marketing operations.

Its responsibility is limited to providing access to the Site and the Platform.

LE BOT IO LLC cannot be held responsible for the success of the marketing operations implemented by the User, LE BOT IO LLC being subject only to an obligation of means towards the User with regard to the provision and operation of the tools present on the Platform.

LE BOT IO LLC cannot be held responsible for false, misleading or out-of-date information communicated by the User via the Platform.

LE BOT IO LLC and the User are independent parties, each acting in their own name and for their own account.

ARTICLE 16 – Third parties

BOT IO LLC Technologies use the following external applications and platforms:

• –  Mail Chip (emailing and CRM)
  
• –  Chargbee (subscription management and billing)
  
• –  Stripe (payment system)
  
• –  Mollie (payment system)
  The use of the aforementioned third-party applications and platforms is governed by the provisions of article 17 « Personal data » below.
  ARTICLE 17 – Personal data
  17.1 – Ownership of data transmitted by the User
  Data transmitted by the User will be considered personal data within the meaning of Article 4.1 of the General Data Protection Regulation (GDPR).
  LEBOT IO LLC undertakes not to alter, modify or disclose to any third party the Data transmitted by the User.
  The User acknowledges and agrees that LEBOT IO LLC may use such Data in connection with the provision of its Services and in connection with the performance of statistical or communication studies for promotional purposes, subject to compliance with the principles of confidentiality, and the mandatory rules governing the processing, storage and use of Data, in particular when the latter are of a sensitive or personal nature.
  17.2 – Legality of treatment
  Where LEBOT IO LLC is required to process Personal Data (as defined by applicable law) collected from the User, the User agrees to :
  • –  Comply with applicable laws and regulations on Data protection, i.e . European Regulation 2016/679 on the protection of i n d i v i d u a l s with regard to the processing of personal data and on the free movement of such data.
    of such data (RGPD);
    
  • –  Process such Data only if required for the purposes listed below and as authorized or required by Law;
    
  • –  Keep personal data strictly confidential;
    
  • –  Take appropriate organizational, physical and technical security measures to protect
    Personal Data;
    
  • –  transfer Personal Data outside the territory of the European Union only with the prior authorization of the User and in a secure environment in accordance with the requirements of the applicable legislation, i .e. either to countries that
    with an « adequate » level of protection as defined by the European personal data protection authorities (CNIL), or to entities (affiliates, subcontractors) that have signed standard contractual clauses as laid down by the European authorities.
    

In this context, LEBOT IO LLC certifies that the Data are stored on the territory of the European Union.

17.3 – Obligations of LEBOT IO LLC

As part of the provision of the Services covered by the Contract, LEBOT IO LLC :

• –  Provides Services structurally respectful of the principles of proportionality, minimization and limitation of Personal Data, ensuring that only Data
  as defined by the User, are processed within the Platform, for the sole agreed purposes and under the control of the only persons who have a need to know;
  
• –  implements, by virtue of an obligation of means, the appropriate technical and organizational measures in order to protect the Personal Data collected from the User, in a permanent and documented manner, against accidental or deliberate destruction.
  The Data shall be protected against unlawful access, accidental loss, alteration, distribution or unauthorized access, including in connection with the transmission of Data over a network, as well as against any form of processing that is unlawful or not included in the processing entrusted to us under the terms of this Contract.
  During the provision of the Services, LEBOT IO LLC undertakes to modify or delete, at the User’s request, any Personal Data contained in its databases, in particular in the event of an individual exercising his or her rights of access, rectification and deletion, so that the Data contained in the Platform is and remains accurate and lawful.
  17.4 – Data security and transparency
  LEBOT IO LLC in place logical and physical access restrictions as well as the necessary network protections in accordance with the statement of deployed security devices, as well as any necessary action traceability device.
  At the end of the contractually determined term of this Agreement, or in the event of termination of this Agreement for any reason, LEBOT IO LLC agrees to return or destroy any personal data in its possession or under its control, in connection with the provision of the Services.
  LEBOT IO LLC acknowledges that it shall be able, at all times during the performance of the Contract, to account for and provide evidence of all arrangements and procedures for the protection of Personal Data, the minimization of its use, and the compliance of such arrangements and procedures with legal requirements.
  ARTICLE 18 – Deletion of data following termination
  The User has the right to delete his or her personal data.
  These rights may be exercised, if necessary, by contacting LEBOT IO LLC by e-mail at the following address: support@lebot.io
  

ARTICLE 19 – Intellectual property

19.1 – Respect for intellectual property rights

LEBOT IO LLC retains ownership of all intellectual property rights that are used to operate the Platform, and more generally all elements reproduced or used on the Platform are protected under intellectual property (hereinafter the « Elements »).

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these Elements, without the prior written consent of BOT IO LLC is strictly prohibited.

BOT IO LLC’s failure to institute proceedings upon becoming aware of such unauthorized use shall not constitute acceptance of such use and waiver of such proceedings.

19.2 – Respect for copyright – Reproduction of the Platform

The Platform respects copyright and related rights (hereinafter referred to as « Copyright »). « ).

All Copyrights of the protected works reproduced and communicated on the Platform are reserved for the whole world.

Reproduction of all or part of the Platform on an electronic medium is prohibited.

19.3 – Limitations on use

All trademarks and other intellectual property rights to all content on the Platform (including but not limited to information, text, images, copyrights, designs and models) and to the structure of the Platform belong to BOT IO LLC.

No use of this content and related intellectual property rights is authorized without the prior express written consent of BOT IO LLC. All such rights are expressly reserved.

The User undertakes to respect the intellectual property rights of BOT IO LLC on each of the elements constituting the BOT IO LLC Platform and to ensure that these rights are respected by third parties.

The User undertakes to inform BOT IO LLC without delay of any infringement of the latter’s intellectual property rights that he may observe.

In addition to what is stated herein, the User acknowledges and accepts that access to the Platform and the provision of Services does not imply any transfer or grant of intellectual property rights (in particular trademark or copyright rights) or other rights to the User.

It is therefore strictly forbidden to reproduce, distribute, transmit, publish, allow access via a link or hypertext link, or to modify, adapt or correct the Platform in any way whatsoever without the express written permission of BOT IO LLC . Failure to comply with this clause may result in infringement of copyright, trademark or other intellectual property rights and may expose the User to civil and/or criminal penalties.

ARTICLE 20 – Use of cookies

20.1 – General information

Cookies are small text files stored on your computer by the Site to enable or optimize its operation, and to provide information to the site owners. Cookies help us to operate the site and improve its interactivity and our services.

LEBOT IO LLC wishes to inform you in a clear and transparent manner about the use of cookies when you consult the Site.

You can set the content of cookies collected on the Site by LEBOT IO LLC
Cookies are used on the Site for various purposes, to facilitate your browsing, to offer you personalized content and advertising or to compile visit statistics.

A cookie is read or transmitted by the website server to your browser, which then stores it on your terminal. Each cookie is assigned an identifier which enables the sender to identify the terminal in which it is stored for the duration of the cookie’s validity or recording period.

To configure and manage cookies directly on the Site, you can use the interface we provide.

This interface is accessible via the cookies banner that appears w h e n you first connect to the Site.

20.2 – Your rights

You may at any time express or modify your wishes with regard to cookies and in particular with regard to advertising targeting cookies implemented on the Site.

You can use the interface we provide via the cookies banner that appears when you first connect to the Site.

By deactivating targeted advertising cookies via this interface, you will continue to be exposed to advertising, but it will no longer be targeted according to your presumed preferences based on your browsing profile. Deactivating targeted advertising has no impact on the volume of advertising to which you are exposed, but we will no longer be able to limit the number of times the same advertisement is displayed.

20.3 – The social network sharing cookie

Certain pages of the Site contain buttons or modules from social networks that are third parties to LEBOT IO LLC. These allow you to use the functionalities of these networks and in particular to share content present on the Site with other users of these networks.

When you visit a page of the Site on which one of these buttons or modules is displayed, your browser may send information to the social network, which may then associate this display with your profile.

Social network cookies, over which LEBOT IO LLC has no control, may then be deposited in your browser by these networks.

We invite you to consult the privacy policies specific to each of these social networks, in order to learn about the purposes for which the browsing information they may collect through these buttons and modules is used.

20.4 – Targeted advertising cookies

Advertising cookies may be placed by LEBOT IO LLC and its service providers.
For cookies deposited by LEBOT IO LLC and its service providers you can express your preferences

as specified below.

20.5 – Statistical cookies

These cookies make it possible to compile statistics on Site traffic and to detect navigation problems in order to monitor and improve the quality of our services.

You can set your browser at any time to express and modify your wishes with regard to cookies, and in particular with regard to statistical cookies. You can express your choices by setting your browser to refuse certain cookies.

If you refuse our cookies and those of our partners, your visit to the Site will no longer be counted in our traffic measurement tools.

Please note that you may refuse to accept cookies.

To delete your browser settings and modify cookies, you can use the interface we provide via the cookies banner that appears when you first connect to the Site.

20.6 – The cookie personalizes our communications

The communications we may send you (by email, sms or by calling you) may be personalized thanks to your browsing profile.

The data used to establish your browsing profile is collected and processed on a completely anonymous basis.

Your browsing profile takes into account both :

• –  Pages you have visited on the Site;
  
• –  Topics consulted and frequency of consultation;
  
• –  Your browsing profile is associated with a « personalization of our communications » cookie.
  « saved in your browser.
  20.7 – Setting cookies on the Site
  Functional cookies enable Internet users to use the Site’s functionalities and guarantee their smooth operation. These cookies do not collect data that could be used for targeting or marketing purposes.
  

However, LEBOT IO LLC may use three categories of cookies for this purpose. You are therefore free to deactivate them. Please note that these settings only apply to the browser you are currently using.

1 – Statistical cookies

This category of cookies is used to compile statistics on site traffic. If you disable them, we cannot monitor and improve the quality of our services. 2 – Personalization

This category of cookies enables us to analyze your browsing on www.lebot.io in order to personalize our offers and services, on our sites or through messages we send you.

3 – Targeted advertising

This category of cookies enables us to offer you web advertising tailored to your profile and interests. Disabling these cookies will have no effect on the number of ads you see.

ARTICLE 21 – Violation of the CGUV

Any violation of these GCUV authorizes LEBOT IO LLC to refuse for the future to the User author of the considered violation the access to the Platform and to the Services, as well as to close any User Account allowing access to the Platform and to the Services, without prejudice to the indemnities which could be claimed to the author of the aforementioned violation by LEBOT IO LLC.

ARTICLE 23 – Evidence agreement

The User acknowledges that recordings and backups (including any connection data) made on the Platform will have full probative value between the User and LEBOT IO LLC. Thus, these data will be taken as proof between the parties to any dispute.

The User therefore acknowledges the validity and probative value of electronic mail in its contractual relations with LEBOT IO LLC. Similarly, notifications made via the Platform are opposable to the User as evidence.

ARTICLE 24 – Changes to the CGUV

LEBOT IO LLC reserves the right to modify these GCUV, according to the technical evolution of the Platform or its service offers, or due to the evolution of legislation, at its sole discretion.

Generally speaking, use of the Platform by the User is always subject to the most recent version of the CGUV available to the User at the time of such use. It is the User’s responsibility to consult the CGUV, accessible from the User Account, as often as necessary.

 

ARTICLE 25 – Disputes – Applicable law – Jurisdiction

In the event of any dispute concerning the performance or application of this agreement, the Parties in dispute will endeavour to find a mutually satisfactory and balanced solution in good faith.

These CGUV are governed by the laws of the Republic of Ireland.

ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE PRESENT CONTRACT AND THE AGREEMENTS RESULTING THEREFROM, AS WELL AS THEIR VALIDITY, INTERPRETATION, EXECUTION, RESOLUTION, CONSEQUENCES AND CONSEQUENCES, SHALL BE SUBMITTED TO THE COMPETENT JURISDICTION OF THE REPUBLIC OF IRELAND.

ARTICLE 26 – Election of domicile

For the purposes hereof, the Parties elect domicile as indicated at the head hereof.

Any modification must be notified to the other party by e-mail or by registered letter with acknowledgement of receipt, in order to be enforceable.

ARTICLE 27 – Partial nullity

If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations shall retain all their force and scope.