Terms and conditions

1. Preamble

Welcome to Charik, an innovative sales intelligence solution designed to optimize your sales experience and enrich your customer data.
Charik (“we”, “us”, or “the Company”), a company registered in the commercial register   under number 981587793, whose head office is located at 10 rue de Penthievre 75008 Paris, offers software as a service (SaaS) that connects to your HubSpot account to provide you with data and improve your sales processes.

Our service is intended for use by companies and professionals seeking to maximize the effectiveness of their sales efforts through better data intelligence. By installing our app on your HubSpot portal, you gain access to features designed to improve the qualification of your leads, optimize
your sales strategies, and increase your overall productivity.

This document details the General Conditions of Sale (CGV) which govern the sale of our services to you, our customer (“you”, “your”). Installing our application and using our services imply unreserved acceptance of these General Terms and Conditions, which constitute the contractual framework between Charik and you.

We invite you to read these conditions carefully before using our services. By installing our application, you acknowledge having read these General Terms and Conditions and having accepted them in their entirety.

2. Definitions

Within the framework of these General Conditions of Sale (CGV), the terms mentioned below will have the following meanings, unless otherwise indicated by the context:

• “Charik”: means our company, which provides the SaaS software as a service, including all its associated features and content.
• “Client”: any legal entity engaged in a professional activity which uses our service for its commercial needs, and which has accepted our General Terms and Conditions.
• “HubSpot”: the customer relationship management (CRM) platform that our service connects to to provide additional data and sales intelligence functionality.
• “User”: means the individual acting in the name and on behalf of the Customer, who has access to our service via a HubSpot portal.
• “Service”: all the functionalities and content offered by Charik, accessible to the Client following the installation of our application on HubSpot.
• “Application”: the software provided by Charik that integrates with HubSpot to provide sales intelligence services.
• “Subscription”: the commercial contract signed by the Customer for the use of the Service, which may be free or paid depending on the level of service chosen.
• “Offer”: means the different subscription levels offered by Charik, including but not limited to single user and team versions, each offering a specific set of features and credits.
• “Personal Data”: any information relating to an identified or identifiable natural person using the Service.
• “GDPR”: the General Data Protection Regulation (Regulation (EU) 2016/679), which is the main law regarding the protection of personal data in Europe. 

3.Object

The purpose of these General Conditions of Sale (CGV) is to define the rights and obligations of Charik and the Customer in the context of the sale of the services offered by Charik. They govern without restriction or reservation all sales of subscriptions to sales intelligence services offered by Charik to professional Customers, regardless of the document or medium used for the sale or promotion of the services.

These terms apply to all services provided by Charik, including but not limited to access and use of software as a service (SaaS) that connects to the HubSpot CRM platform, thereby enabling Customer to enrich your sales data and improve your commercial processes through better data intelligence.

Acceptance of these General Terms and Conditions is a sine qua non condition for any subscription to our services by the Customer. Consequently, the Customer acknowledges having read these conditions and having accepted them before setting up and using the service. These General Terms and Conditions take precedence over any other document from the Customer, and in particular over all general conditions of purchase, unless otherwise agreed in advance and in writing by Charik.

The Charik company reserves the right to modify these General Terms and Conditions at any time. The modifications will come into force immediately for the services subscribed after these modifications and will be communicated to the existing Customer before their application.

The purpose of these General Terms and Conditions is to provide a clear legal and contractual framework for the use of Charik's services, thus ensuring a transparent and fair commercial relationship between Charik and its customers.

4. Orders

Order Process

Charik's services are ordered exclusively via the interface of the HubSpot CRM platform or directly on the Charik website. The ordering process takes place as follows:

1. Installation of the Application: Any customer with a HubSpot account can install the Charik application in trial version directly from HubSpot, without prior interaction with the Charik team. Installing the application constitutes implicit acceptance of these General Terms and Conditions and the General Conditions of Use (CGU) of Charik.

2. Subscription to a paid offer: To access the paid versions of our service (single user or team), the customer can opt for a subscription via a Charik sales contact or directly on our website. Subscribing to a paid offer requires explicit acceptance of these General Terms and Conditions and payment in accordance with the defined financial conditions.

3. Order Validation: Once the order has been placed, the customer will receive a confirmation by email including their invoice and service activation details. For paid versions, access to the service is generally immediate upon receipt of payment, although a delay of a few hours may apply in practice.

Order Acceptance Conditions

The provision of services is conditional on explicit acceptance of these General Terms and Conditions and, where applicable, full payment for the subscribed service. Charik reserves the right to refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

Order Changes

Any modification of the order after its acceptance by Charik is subject to Charik's agreement . In the event of modification, financial conditions and delivery times may be adjusted accordingly 

5. Pricing and Payment Terms

Pricing Structure​

Charik offers different subscription levels to meet the varied needs of its customers:

• Trial Offer: Free, limited-time offer with limited features, available immediately after installing the app on the customer's HubSpot portal.
• Single user offer: Paid offer billed according to the number of users. Pricing is established according to the level of service chosen and is available on our website or from our sales team.
• Team offer: Offer designed for customers requiring an unlimited number of users with collective use of credits on the same HubSpot portal. This offer is only available on annual payment.

Subscription prices are expressed in euros and are subject to revision at any time by Charik. Any price change will be communicated to the existing customer before its application.

Credit Management

As part of our paid services, Charik allocates credits to Users, allowing them to access advanced features of the Service. The number of credits available depends on the pack subscribed to by the Customer. These credits are subject to the following conditions:

• Allocation of Credits:
  • For annual subscriptions, credits are allocated in full at the start  of the subscription period and can be used freely throughout   this period.
  • For monthly subscriptions, credits are allocated each month and their number depends on the package subscribed.
• Expiry of Credits:
  • Monthly credits must be used in the month they are allocated and   cannot be carried over to the following month. Any unused credit at the end of the month expires and cannot be recovered.
  • For annual subscriptions, credits expire at the end of the annual subscription period and any unused credits will not be carried over or  refunded

Payment terms

• Monthly Payment : Available for individual paid packs, by credit card via our website.
• Annual Payment : Option available for all packs, with a reduction applied compared to the monthly rate. Payment can be made by bank transfer. The VIP pack is exclusively available on annual payment.

Billing and Renewal

Billing begins from the date the subscription is taken out and covers the chosen subscription period (monthly or annual).
The subscription renews automatically at the end of each period, unless the customer decides to cancel their subscription in accordance with the conditions defined in the “ Duration, Renewal and Termination” section.

Cancellation and Refund

Customers can cancel their subscription at any time while on a monthly payment plan, effective at the end of the current month. No reimbursement is planned for the month started.
For annual payments, cancellation is only possible on the anniversary date of the subscription, with no possibility of refund for the remaining period.

6 . Delivery of the Service

Instant Access for 14-day trial offer

Access to the Charik trial plan is granted immediately after installing the application on the customer's HubSpot portal. This installation automatically activates the features available under the trial version, allowing the customer to start using the service without delay.

Activation of Paid Services

For Paid Packs (single user or team), access to the service is activated immediately after payment confirmation. Although activation is generally instantaneous, in practice a delay of a few hours may apply for the service to be fully set up. Charik is committed to minimizing this delay to ensure a
smooth transition for the client.

Activation Notification

Once the service is activated, the customer will receive an email notification confirming that their account is now functional and ready to use. This email will also provide basic instructions for getting started using the service, as well as information on available support resources if needed.

Access to Credits

Following activation of the service for paid packs, Users immediately have access to the credits allocated according to the terms of their specific subscription. Charik ensures that credits are available for use without delay, thus allowing Users to take full advantage of the features of the Service from the start of their
subscription period.

Commissioning Assistance

Although Charik's service is designed for easy, self-commissioning, our customer support team is available to provide additional support if necessary. Customers can contact support directly through the software interface for any questions or assistance needs related to activation and use of the service. 

7. Duration, Renewal and Termination

Subscription Duration

The subscription to Charik's services is concluded for a fixed initial period, either monthly or annual, beginning on the date the Customer subscribes to the service. This initial period is defined at the time of ordering and is specified in the subscription confirmation sent to the customer.

Automatic renewal

Unless terminated by the Customer or by Charik, the subscription renews automatically for successive periods of the same duration as the initial period (monthly or annual). Renewal is done from date to date, ensuring continuity of service without interruption.

Termination Terms

For Monthly Subscriptions: The Customer can cancel their subscription at any time directly from their user account. Termination will take effect at the end of the current subscription month, with no possibility of reimbursement for the month started.

For Annual Subscriptions: Cancellation is only possible at the end of the current subscription period, with a minimum notice of one month before the anniversary date of the subscription. No refunds are provided for the remaining subscription period.

Termination by Charik: Charik reserves the right to terminate a subscription in the event of non-compliance by the Customer with these General Terms and Conditions, particularly in the event of non-payment. Termination will be preceded by a warning sent by email to the Customer, giving him a period of time to regularize his situation.

Consequences of Termination

Upon termination of the subscription, the Customer will lose access to Charik's paid services. Data stored or generated through use of the Service may be deleted after a grace period in accordance with Charik's Privacy Policy.

8. Charik Bonds

Quality of service

Charik is committed to providing quality service consistent with industry standards and descriptions provided on its website and in its commercial communications. The service is designed to be available 99% of the time, excluding periods of scheduled maintenance or software developments, of which customers will be informed in advance wherever
possible.

Customer Support

Although Charik does not commit to fixed response times, we strive to respond to customer support requests as quickly as possible. Customer support can be accessed directly through the software interface, allowing for efficient and rapid communication when needed.

Maintenance and Developments

Charik reserves the right to perform scheduled maintenance and updates to the Service to improve quality and security, add new features or meet regulatory requirements. Customers will be informed of scheduled maintenance that may affect service availability.

Data Security

Charik implements best practices and security standards to protect customer data against unauthorized access, alteration, unintentional disclosure or destruction. This includes the use of encryption technologies, firewalls, and other computer security measures.

Confidentiality

Charik undertakes to maintain the confidentiality of information and data provided by customers in the context of the use of the service, in accordance with Charik's privacy policy and applicable legislation regarding the protection of personal data.
These obligations reflect Charik's commitment to providing a reliable and secure service to its customers, while respecting their right to confidentiality and protection of their data. In compliance with GDPR, users have the right to access, rectify, delete, and port their personal data. Users can exercise these rights by contacting us at dpo@charik.app.

9. Intellectual Property

Charik Rights

All intellectual property rights relating to the software, services, and any content provided by Charik, including but not limited to text, images, software, databases, trademarks, logos, and any other element of intellectual property, are and remain the exclusive property of Charik or its licensors. No transfer of
intellectual property rights is made through these General Terms and Conditions.

Use License

Charik grants the Client a limited, non-exclusive, non-transferable and revocable license to use the software and associated services for its professional needs in accordance with these General Terms and Conditions. This license is strictly limited to Customer's use and does not permit the redistribution, sale, modification, decompilation, disassembly, derivation
or use of Charik's service to create a competitive service.

Restrictions

The Customer is prohibited from reproducing, modifying, adapting, translating, extracting, or attempting to access the source code of the software, except in cases permitted by law. Any act of counterfeiting, piracy, or any other act violating Charik's intellectual property rights may be subject to legal proceedings and damages.

Protection of Rights

Charik takes all necessary measures to protect its intellectual property rights and expects the Client to contribute to this protection by respecting the terms of the license granted. The Client undertakes to notify Charik in the event of an alleged violation of Charik's intellectual property rights of which he becomes aware.

10. Limitation of Liability

Extent of Liability

Charik is committed to providing its services diligently and according to industry standards, within the framework of an obligation of means. However, Charik cannot be held responsible for direct or indirect damage suffered by the Client or by third parties, which could result from the use or the inability to use the service, including but not limited to loss of profits , business, data or business interruptions. Charik cannot be held liable for any loss, alteration, or unauthorized access to personal data resulting from events outside its control, such as cyberattacks, unless Charik fails to implement reasonable security measures in line with industry standards.

Force Majeure

Charik will not be held responsible for any non-performance or delay in the performance of any of its obligations described in these General Terms and Conditions caused by events beyond its reasonable control (a case of force majeure).

Financial Limitation

In any event, Charik's liability towards the Client for any cause of damage is strictly limited to the amount of sums actually paid by the Client to Charik under the subscription to the service during the period of twelve months immediately preceding the event giving rise to the claim.

Exclusions

This limitation of liability does not apply in the event of damage resulting from the gross negligence or willful misconduct of Charik, or in any other case where such limitation of liability would be prohibited by applicable law.

11. General Provisions

Entire Agreement

These General Terms and Conditions represent the entire agreement between Charik and the Customer concerning the subject described here and replace any prior agreement, written or oral, concerning the same subject. Any modification of these General Terms and Conditions must be made in writing and duly signed by the parties.

Independence of Clauses

If one or more stipulations of these General Terms and Conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and effect. their scope.

Non-waiver

The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these General Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in cause.

Applicable Law and Jurisdiction

These General Terms and Conditions and the operations resulting from them are governed and subject to French law. Any dispute relating to their interpretation and/or execution falls to the competent French courts. The Customer is informed of the possibility of resorting, in the event of a dispute, to a mediation procedure or any other alternative method of dispute resolution
.

Modification of the T&Cs

Charik reserves the right to modify these General Terms and Conditions at any time. The modifications will come into force as soon as they are published on the Charik website or communicated to the Client by any means. Continued use of the service by the Customer after these modifications constitutes acceptance of the new General Terms and Conditions.

Notifications

Any notification or communication between Charik and the Client must be made in writing and may be made by email or any other digital means agreed between the parties.