“DataDome” refers to DataDome, a French Société Anonyme company with capital of 443 019 euros, whose registered office is located at 10 rue de Penthièvre 75008 Paris, registered with the Paris Trade and Companies Register, under number 811 474 949.
“Software Solution” refers to the SaaS service for monitoring and managing web traffic edited by DataDome and enabling measuring robot traffic and if applicable managing the access rights.
“Client” refers to the customer and /or its subsidiaries and must be a legally registered company in its country of origin.
“Party” or “Parties” refers individually or jointly to DataDome and the Client.
“Domain” refers to all the web pages grouped together in a unique combination of a subdomain, domain name and an extension (or double extension), including the orthographic declensions of the domain names redirecting to the main domain that includes all segments (such as: web, API, mobile API, login, etc.).
“Contractual Documents” refers to the documents listed in Article “Contractual Documents”.
“Order” or “Quote” refers to the order made by the Client on the Website, the quote agreed to by the Client, or in any other platform where the Client can order access to the Software Solution.
“Website” refers to the DataDome website, accessible at the following address: www.datadome.co.
“Account” refers to the Client’s account, which allows the Client to use the Software Solution.
“Documentation” refers to the documentation of the Software Solution, accessible at: https://docs.datadome.co/docs.
“General Terms of Sale” refers to the DataDome general terms of sale, if applicable.
“Service Level Agreement” refers to the availability of the Software Solution and the maintenance standards provided by DataDome.
2. CONTRACTUAL DOCUMENTS
- If applicable, the DataDome General Terms of Sale.
- If applicable, the Datadome’s General Terms and Sale Annexes, which are all of the same value.
The Client must accept them when making an Order, or by checking the appropriate box while making an Order, upon subscribing to the free trial, or upon first connection to the Software Solution.
4. DESCRIPTION OF THE SOFTWARE SOLUTION
The Software Solution is provided to the Client as a Software-as-a-Service solution via internet. Its functionalities are specified in the General Terms of Sale, on the Website and the Documentation.
The Software Solution shall be standard, shall be accessible from a remote location and shall not require any services so that they can be integrated into the IT systems of the Client, unless specifically agreed in writing before by the Parties.
The Software Solution is provided in compliance with the Service Level Agreement agreed in the Order or the General Terms of Sale. If no Service Level Agreement is included in these documents, the Service Level Agreement will be as follows:
- For paying Clients: DataDome shall make reasonable endeavors to ensure ninety-nine percent (99%) availability on a monthly basis, subject to any testing or installation phase, and further subject to any interruptions required for the repair and technical maintenance of the hardware or software, and respond to incidents within four (4) business days.
- For free trial Clients: DataDome will provide its best efforts to ensure the availability of the Software Solution, and to provide swift assistance in case of incidents.
The Client must have access to a phone line and internet and must ensure that their hardware is functional and fit the prerequisites of the Software Solution.
The Client bears the entire cost of equipment (hardware, phone line, internet, etc) in order to maintain the prerequisites of the Software Solution. DataDome only provides the Software Solution and not the equipment which is necessary for its requirements, which is accepted by the Client.
DataDome may, especially, freely modify, adapt and/or delete functions from the Software Solution, depending on development needs. DataDome reserves the right to change its hardware or software environment.
DataDome may not be held liable in case of interruptions, failure or altered access to the Software Solution as may result from the network itself, the features of the Internet, the utilized connection resources or any other external cause.
DataDome will provide its best efforts in order for the Software Solution be secured. DataDome does not warrant absolute safety of the Software Solution.
DataDome will maintain and comply with appropriate technical security measures to protect the data of the Client, which DataDome has access to for the purposes specified in the Contractual Documents, against accidental or unlawful destruction or accidental loss, damages, alterations, unauthorized disclosure or unauthorized access, especially where the processing involves transmission of data or databases over a network.
As such DataDome agrees to implement a data safeguarding and security policy using state-of-the-art means in order to (i) maintain the integrity, security, availability and confidentiality of the data and (ii) to ensure the safeguarding, conservation, control and recovery.
DataDome ensures to implement and maintain, and conform to current industry best practices:
- onsite access controls which allow access only to authorized persons or those accompanied by authorized persons,
- password and confidentiality management procedures,
- anti-virus protection,
- plus overall general compliance with the French Data Authority’s safety recommendations.
DataDome agrees to implement methods and procedures for the prevention and destruction of all viruses, trojans or other codes or instructions affecting, infecting or likely to infect the Software Solution and/or data and to ensure, via ongoing maintenance, the continuous updating of existing antivirus software.
DataDome agrees to notify the Client as soon as possible of any breach of the physical or logical security of the Software Solution and/or data (attempted intrusions or appearances of new viruses, for example), to take all remediation measures necessary, and to keep the Client informed.
6. AUTHORIZED USE OF THE SOFTWARE SOLUTION
The Client is authorized to deploy the Software Solution on its own Domains.
The Client can access and use the Software Solution, for its internal needs, in a worldwide, personal, non-transferable and non-exclusive manner. This includes the right to configure the Software Solution by employing the configuration and design tools provided therewith. No other right is granted on the Software Solution.
The Client must comply with the terms of the Documentation. DataDome will not be liable for any damage suffered by the Client if the Client has not followed the instructions in the Documentation.
The Client warrants that it owns all rights on the Domains where the Software Solution is deployed, and that it is allowed to deploy it.
DataDome will not be liable is the Client deploys the Software Solution on a Domain without having the proper rights or authorization.
7. PROHIBITED USE THE SOFTWARE SOLUTION
The Client is not allowed to use the Software Solution in a manner which is not compliant with the Contractual Documents or the Documentation.
The Client must comply with applicable laws, rules and regulations, while using the Software Solution.
The Client will not engage in the following behavior, without this list being limitative:
- Use the Software Solution in contradiction with the Documentation.
- Act in a manner which may compromise performance of the Software Solution.
- Copy the Software Solution, in any manner, by any mean and in any shape.
- Try to access to Account of a third party.
- Grant access to its Account to a third party.
- Try to access the servers (outside of normal use of the Software Solution) or computers on DataDome’s network.
- Try to upload viruses, trojans or any other invasive or illegal program on DataDome’s servers.
- Extract data or computer code from the Software Solution without prior written authorization from DataDome, in order to, notably, adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode, all or part of the Software Solution.
- Collect and process data, through the Software Solution, which may compromise the integrity of the Software Solution.
- Collect and process data, through the Software Solution, which may infringe on third party rights or applicable law.
- Use the Software Solution in an illegal manner, or in breach of the Contractual Documents or any applicable law.
8. FREE TRIAL
The Client may be granted access to a limited version of the Software Solution, without subscription, for a thirty (30) days free trial, which enters into force at the date of trial request.
The limited version of the Software Solution will only monitor traffic on the Client’s Website and not block any traffic.
DataDome does not have any obligation regarding:
- Performance obligation while providing the Software Solution.
- Lack of bugs or anomalies in the Software Solution, or permanent availability of the Software Solution.
- Frequency of maintenance or update of the Software Solution.
- Software Solution quality.
- Service level agreement and availability of the Software Solution.
- Duration of support and continuity of the Software Solution.
This free trial is granted without provision of payment information.
At the end of the thirty (30) day free trial, access to the Software Solution will be suspended and no longer be provided by DataDome and the Client will be invited to subscribe to the Software Solution, by any method offered by DataDome.
DataDome is not liable for any direct or any indirect damage of any kind, caused to the Client, over the course of the free trial.
This limitation of liability concerns all type of indirect damage, including, without being limited to: operating loss, loss of revenue, loss of orders, loss of earnings, loss of data or any other information, loss of customers, loss of anticipated savings, detriment to the image or reputation of the company, loss of opportunity.
If the present liability cap cannot apply, for any reason, the amount of damages may not exceed the amount of the lowest monthly fee payable by a Client for access to the Software Solution, at the time of the damage.
Any subscription to the Software Solution, other than to the free trial, is subject to acceptance of an Order or signature of a Quote by the Client.
No access may be granted to the Software Solution without the Client doing so, unless the Client is subscribing to a free trial.
10. CLIENT ACCOUNT
The Client can create an Account on the Website upon subscription to the Software Solution or upon order of the free trial.
Each Client can only have one Account. Sharing Accounts is not allowed.
The Client will create a login and password.
The Client must ensure that the password is strong and safe enough.
The Client must also provide all necessary information at the creation of the Account, such as legal information of their company, as well as billing and contact information. Not doing so would prevent the Client from using the Software Solution.
The Client is responsible to ensure the safety and use of its Account login and password.
The Client agrees to implement appropriate measures to maintain the confidentiality of employees’ Account credentials for logging into, and using, the Software Solution, and to not divulge them in any form whatsoever to third parties who are not users authorized to access the Software Solution. The Client shall inform all users of the instructions and recommendations for keeping their Account credentials secret. In case of loss or theft of one of the Account credentials, the Client will use the procedure agreed upon with DataDome for replacing the Account credentials.
If the Client notices that their account is compromised or used without authorization, or any other safety breach regarding their Account, they must inform DataDome as soon as possible.
DataDome may presume in good faith that all instructions or queries received by the Client originate from a person authorized to bind the Client.
The Client is alone responsible for any use of the Account, the Software Solution, and the Client agrees to bear any and all consequences arising from the use of the Software Solution, whether by itself or third party using the Account.
11. CLIENT DATA
The Client will provide factual and up to date information on their Account, such data being used in the Software Solution.
The Client is responsible for any data added to the Software Solution.
12. PERSONAL DATA
In order to provide the Software Solution, DataDome must collect personal data, in a manner which is compliant with applicable laws and regulations.
The Client is fully informed that personal data, which are directly or indirectly provided to DataDome, will be automatically processed.
Such personal Data may be those of the Client, in order to provide the Software Solution, or those of third parties collected when they visit the Domains, on the basis of the Client’s instructions.
If the Client requests DataDome to collect or process the personal data of a third party, or if DataDome collects and processes Personal Data upon the Client’s instructions, the Client warrants to DataDome that they have all the necessary rights to process the personal data as data controller, DataDome being data processor. If DataDome is held liable on this basis, the Client will warrant DataDome.
13. THIRD-PARTY LINKS
The Software Solution may include links to third party websites, as well as articles, pictures, texts, visuals, images, conception element, music, sound files, video sequences, information, application, software and other content or element which may belong third parties or emanate from them.
- Uploading links to third party websites or content is not submitted to DataDome’s control.
- DataDome does not warrant that third-party websites or contents are exact, pertinent or exhaustive.
- DataDome is not responsible for the content, the exactitude, the offensive character, the opinions, the reliability, the privacy practices and other practices of third-party websites or their content.
- Client access to third party website or use of third-party content is at their own risks.
- DataDome will not be held liable for any damage, direct or indirect, which may be caused by third party websites.
14. LIMITED WARRANTY
DATADOME WARRANTS THAT THE SOFTWARE SOLUTION IS COMPLIANT WITH FRENCH LAWS AND REGULATIONS, AS WELL AS ITS DOCUMENTATION.
THE CLIENT IS HOWEVER SOLELY RESPONSIBLE OF THEIR USE OF THE SOFTWARE SOLUTION.
EXCEPT AS EXPRESSLY PROVIDED IN THE CONTRACTUAL DOCUMENTS, IN THE DOCUMENTATION, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE SOLUTION AND THE SERVICES ARE PROVIDED “AS IS” AND DATADOME DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY REPRESENTATION REGARDING AVAILABILITY, RELIABILITY OR ACCURACY OF THE SOFTWARE SOLUTION AND THE SERVICES.
DATADOME WARRANTS THAT THE SOFTWARE SOLUTION IS COMPLIANT WITH ITS DOCUMENTATION. HOWEVER, LIMITED CHANGE IN THE SOFTWARE SOLUTION DOES NOT CONSTITUTE NON-COMPLIANCE. THE CLIENT IS INFORMED THAT THE SOFTWARE SOLUTION IS ALWAYS EVOLVING. DATADOME MAY INDICATE THAT SOME FUNCTIONS OF THE SOFTWARE SOLUTION, WHICH FIT THE CLIENT’S NEEDS, ARE STILL IN DEVELOPMENT, WHICH IS ACCEPTED BY THE CLIENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EACH PARTY BE LIABLE, WHETHER IN CONTRACT, IN TORT, OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO STRICT LIABILITY AND NEGLIGENCE) FOR LOST PROFITS OR REVENUES, LOST OR DAMAGED DATA, REPORTS, DOCUMENTATION OR SECURITY, OR SIMILAR ECONOMIC LOSS, LOSS OF PRIVACY, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT.
EACH PARTY’S LIABILITY TO THE OTHER PARTY FROM ALL CAUSES AND ALL THEORIES OF LIABILITY WILL BE LIMITED TO DIRECT DAMAGES ONLY.
IN ANY CASE, THE LIABILITY OF DATADOME, IN THE CONTEXT OF PERFORMANCE OF THE CONTRACTUAL DOCUMENTS, IS STRICTLY LIMITED TO:
- IN CASE OF PAID SUBSCRIPTION: THE AMOUNT INVOICED TO THE CLIENT TO ACCESS THE SOFTWARE SOLUTION, FOR THE CURRENT PERIOD OF SUBSCRIPTION AT THE TIME OF THE DAMAGE, AS DETAILED IN THE ORDER.
- IN CASE OF FREE TRIAL:
- DATADOME EXCLUDES ALL LIABILITY OF ANY KIND, INCLUDING DIRECT AND ANY TYPE OF INDIRECT DAMAGES. IF THE PRESENT LIABILITY CAP CANNOT APPLY, FOR ANY REASON, THE AMOUNT OF DAMAGES MAY NOT EXCEED THE AMOUNT OF THE LOWEST MONTHLY FEE PAYABLE BY A CLIENT FOR ACCESS TO THE SOFTWARE SOLUTION, AT THE TIME OF THE DAMAGE.
SUBJECT TO THE APPLICATION OF PUBLIC ORDER, NO LEGAL ACTION CAN BE BROUGHT BY ONE PARTY ON THE BASIS OF CONTRACTUAL LIABILITY OR ANY OTHER WARRANTY, UNDER THE PRESENT CONTRACTUAL DOCUMENTS, FOLLOWING THE EXPIRY OF A TWO (2) YEAR PERIOD FROM THE DISCOVERY OF THE DAMAGE. THIS PERIOD CAN BE FURTHER LIMITED IF THE STATUTE OF LIMITATION IS SHORTER FOR SUCH ACTION.
16. INTELLECTUAL PROPERTY
The Software Solution, as well as any part of the Website, which includes texts, images, videos, domain names, trademarks, drawings, designs, patents, software, computer code, databases, are property of DataDome, or property of a third party which has granted a license to use to DataDome.
These elements are protected in the entire world.
The Client can only use the Software Solution in compliance with the present Terms of Service.
No other use of the Software Solution is allowed.
Any partial or total copy of these elements may constitute infringement. DataDome reserves the right to exert any claim which may be necessary to protect its rights and obtain compensation for any damages.
The Parties’ offices are located as follows:
- For DataDome: at the address specified in Article “Definitions”.
- For the Client: at the address specified in the Order/the Quote, or in case of free trial at the address specified in the Account.
If the Parties cannot settle a dispute amicably, the Paris “Tribunal de Commerce” shall have exclusive jurisdiction, notwithstanding plurality of defendants or the introduction of third parties, even for summary or conservatory proceedings, by appeal or by petition.