General terms and conditions of sale

Article 1 — The seller

The services are published and sold by SD Skills Consulting, a French single-shareholder simplified joint-stock company (SASU) with share capital of €1,000, whose registered office is at 12 rue de la Part-Dieu, 69003 Lyon, France, registered with the Lyon Trade and Companies Register (RCS) under number 940 706 567, intra-community VAT number FR64 940706567, trading as Boost33, hereinafter "Boost33".

Contact: dez@boost33.com.

Article 2 — Purpose and scope

These general terms and conditions of sale govern the subscription to the "Distribution pack" plan and the purchase of token packs on the Boost33 online services.

They apply exclusively to professionals. By creating an account, the Customer declares that it is acting for the purposes of its professional activity and that it has the authority to bind the company it represents.

The Customer accepts these terms by ticking the box provided for that purpose before entering its payment method. They prevail over any document of the Customer, including its general terms of purchase.

Article 3 — Definitions

• Customer: the legal entity or professional holding the account.
• Account: the space created on the Boost33 Hub, which gives access to the Services.
• Services: Boost33's online products, including Boost Outbound and Boost Score.
• Distribution pack: the paid monthly subscription that gives access to Boost Outbound.
• Tokens: the units consumed by certain actions in the Services.
• Wallet: the space where the Customer views its token balance, its subscription and its history.
• Setup period: the first 14 days of the subscription, offered to the Customer to configure the Services and not invoiced.

Article 4 — Account

Access to the Services requires an Account. The Customer provides accurate information and keeps it up to date. Some Services may require an identity check, carried out by a specialised provider.

The Customer is responsible for keeping its access credentials confidential and for any action taken from its Account, including by the people it invites to it. Only an administrator of the Account may subscribe to, change or cancel the subscription and buy tokens.

Article 5 — Services

The Distribution pack gives access to Boost Outbound, a service that assists with prospecting on LinkedIn. Boost Score remains available without a subscription.

Boost33 provides the Services under a best-efforts obligation. The Services evolve: Boost33 may add, change or remove features, without substantially reducing the service subscribed to during a period already paid for.

Boost33 does not guarantee any commercial result, in particular in terms of number of replies, meetings or sales.

Article 6 — Free setup period

A Customer's first subscription starts with a free Setup period of 14 days. A valid payment method is required at subscription; no amount is charged during this period.

At the end of the 14 days, the subscription becomes paid and the first monthly payment is charged automatically, unless the Customer cancels before the end of the Setup period. The date of the first payment is shown before confirmation and in the Wallet.

Only one Setup period is granted per Customer. Any new subscription after a first one is invoiced from the first day.

As a professional, the Customer does not in principle benefit from the right of withdrawal provided for consumers. If that right were nevertheless available to it, in particular as a professional employing five people or fewer and contracting outside the scope of its main activity (Article L221-3 of the French Consumer Code), the Customer expressly requests, by ticking the box provided at subscription, the immediate performance of the Services, and waives its right of withdrawal to the extent permitted by law.

Article 7 — Prices and VAT

Prices are stated in euros, excluding taxes.

For a Customer established in France, the token packs therefore cost €79.20, €180 and €396 including VAT at 20%.

VAT is added to the price according to the Customer's situation:

• Customer established in France: French VAT at the applicable rate, i.e. €118.80 including VAT per month for the Distribution pack at the 20% rate.
• Customer established in another European Union Member State with a valid VAT number: reverse charge, VAT is payable by the Customer.
• Customer established outside the European Union: no French VAT.
• Customer established in another European Union Member State without a valid VAT number: as the Services are reserved for professionals, a valid VAT number is required at subscription from any Customer established in the European Union outside France.

The total amount, including taxes, is displayed before the payment is confirmed. Boost33 may change its prices: the new price applies from the billing period following notice given to the Customer at least 30 days in advance, the Customer remaining free to cancel.

Article 8 — Payment and invoices

Payment is made by bank card through the payment provider Stripe. Boost33 does not store card numbers.

The subscription is charged automatically every month, in advance, to the registered payment method. Token packs are paid in full when ordered.

An invoice is issued for each payment and made available electronically, which the Customer accepts.

If a payment is refused or rejected, access to the paid Services may be suspended until it is settled (Article 15). Any amount unpaid when due bears interest at three times the French statutory interest rate and gives rise to a fixed recovery fee of €40, in accordance with the French Commercial Code.

Article 9 — Term, renewal and cancellation

The subscription is entered into for one month. It renews automatically from month to month until it is cancelled.

The Customer may cancel at any time from its Wallet, at no cost and without giving a reason. Cancellation takes effect at the end of the current period, or at the end of the Setup period if it occurs during that period. Access is maintained until that date.

Any period started is due in full: no pro rata refund is made.

Boost33 may terminate the subscription automatically in the event of a serious breach by the Customer of its obligations, after a formal notice that has remained without effect for 15 days, or without notice in the event of unlawful or fraudulent use.

After the subscription ends, the Customer's prospecting data is kept for 6 months, then deleted or anonymised. Account and billing data is kept in accordance with the privacy policy and the legal retention periods.

Article 10 — Tokens

Certain actions in the Services consume Tokens. The Token cost of each action is shown in the Service or in the Wallet, and may change.

Included tokens. When the Account is created, the Customer receives an initial allowance of 5,000 Tokens.

Purchased tokens. The Customer may buy Token packs at any time. Purchased Tokens do not expire as long as the Account exists, and are only consumed once the included Tokens have been used up.

Nature of Tokens. Tokens are a right to use the Services. They have no monetary value, are neither transferable nor exchangeable, and cannot be converted into money. Purchased Tokens are not refundable, except in the event of a billing error attributable to Boost33.

If the subscription stops. When the subscription ends or is suspended, the Customer's Tokens are frozen: they are neither consumed nor deleted, and become usable again when the subscription resumes. They are kept for 12 months after the end of the subscription, then expire after a warning email sent to the Customer.

Insufficient balance. When the balance no longer allows an action, the action is paused until the balance is topped up. No overdraft is granted.

Article 11 — Customer obligations

The Customer uses the Services in accordance with applicable law and these terms. In particular, it undertakes to:

• use Boost Outbound only with LinkedIn accounts it holds or is authorised to use, and comply with LinkedIn's terms of use;
• review and approve messages before they are sent, the Customer remaining solely responsible for their content;
• comply with the regulations applicable to commercial prospecting and personal data protection, and promptly honour any objection from a person contacted;
• not circumvent the sending limits and safeguards put in place by Boost33 to protect LinkedIn accounts;
• not resell, sub-license or make the Services available to third parties without Boost33's written consent.

Warning about LinkedIn. The Customer acknowledges that automating actions on LinkedIn, even within the limits set by Boost33, may breach LinkedIn's terms of use and lead to the restriction, suspension or closure of its LinkedIn account. It uses Boost Outbound in full knowledge of this risk, for which Boost33 cannot be held liable (Article 12).

Article 12 — Liability

Boost33 uses reasonable means to ensure the availability and security of the Services, without guaranteeing uninterrupted operation. Interruptions for maintenance may occur.

Boost Outbound relies on third-party services, including LinkedIn. Boost33 is not liable for the decisions of these third parties, in particular the restriction, suspension or closure of a LinkedIn account, nor for any change in their rules or operation.

Boost33 is not liable for indirect damage, such as loss of revenue, customers, data or reputation.

Boost33's total liability, for all causes combined, is limited to the amounts actually paid by the Customer during the twelve months preceding the event giving rise to the claim. This limit does not apply in the event of gross negligence or wilful misconduct.

Article 13 — Intellectual property

The Services, their software, interfaces, trademarks and content remain the exclusive property of Boost33. The Customer has a personal, non-exclusive and non-transferable right of use for the duration of its subscription.

The Customer remains the owner of the data and content it imports into the Services. It grants Boost33 the right to use them only to the extent necessary to provide the Services.

Messages generated for the Customer may be freely used by it in the course of its business.

Article 14 — Personal data

For the data of its own users (account, billing), Boost33 acts as data controller, in accordance with its privacy policy.

For the data of the people the Customer prospects using the Services, the Customer is the data controller and Boost33 acts as processor, on the Customer's instructions, under the data processing agreement (DPA) annexed to these terms.

Boost33's sub-processors include Tapfiliate, GoHighLevel, Unipile, Google, Stripe (payment) and Didit (identity verification). Some of them process data outside the European Union, in particular in the United States; these transfers are covered by the safeguards provided for by the GDPR.

The Customer warrants that it has a legal basis for processing the data it entrusts to the Services.

Article 15 — Suspension

Boost33 may suspend all or part of the access to the Services, after informing the Customer, in the following cases:

• inactive, cancelled or unpaid subscription;
• breach by the Customer of its obligations;
• risk to the security of the Services or to a LinkedIn account.

During a suspension for an inactive subscription, launching campaigns, approving and sending messages, rewriting and replying from the inbox are no longer available. The Customer's data and Tokens are kept under the conditions of Articles 9 and 10. Access is restored as soon as the situation is settled.

Article 16 — Changes to the terms

Boost33 may change these terms. The Customer is informed by email or in its Account at least 30 days before they take effect. If it does not accept them, it may cancel its subscription before that date; otherwise, the new terms apply from the following period.

Article 17 — Force majeure

Neither party is liable for a failure caused by force majeure within the meaning of the French Civil Code. The prolonged failure of an essential technical provider or of a third-party platform on which the Services depend is treated as such a case when it is beyond Boost33's control.

Article 18 — Governing law and disputes

These terms are governed by French law.

In the event of a dispute, the parties first seek an amicable solution. Failing agreement within 30 days, the dispute falls within the exclusive jurisdiction of the Economic Activities Court of Lyon (tribunal des activités économiques de Lyon), including in the case of summary proceedings, third-party claims or multiple defendants.

If a clause is held to be void, the other clauses remain in force.