Terms of Service

1. Definitions

• CHARIK: the CRM platform published by CHARIK SAS
• Services: all the features offered by the CHARIK platform
• Customer: any individual or legal entity holding a CHARIK subscription
• User: any person authorised by the Customer to access the Services
• Customer Data: all data imported, created or generated by the Customer within CHARIK
• Terms: these Terms of Service

2. Purpose

The purpose of these Terms is to define the conditions under which CHARIK makes its Services available, and the rights and obligations of each party in that context.

Using the Services implies full and unreserved acceptance of these Terms. The Customer declares that they have read the Terms and accept them without reservation.

3. Registration and user account

3.1 Creating an account

Access to the Services requires the creation of an account. The Customer undertakes to provide accurate, complete and up-to-date information when registering.

3.2 Credentials

The Customer is responsible for keeping their login credentials confidential. Any use of the Services made from the Customer’s account is presumed to have been made by the Customer.

3.3 Multiple users

The Customer may create several user accounts depending on their plan. Each user must have their own account. Sharing credentials between several people is prohibited.

3.4 Eligibility

The Services are reserved for business use. The Customer declares that they are of legal age and have the legal capacity to enter into a contract.

4. Description of the Services

4.1 Main features

CHARIK offers the following features:

• Contact and company management
• Sales opportunity management
• Automatic data enrichment (SIRENE, INSEE)
• Contact search and qualification
• Dashboards and reports
• Third-party integrations (email, calendar and others)

4.2 Availability

CHARIK undertakes to provide the Services with an availability rate of 99.5% on a monthly basis, excluding scheduled maintenance.

Scheduled maintenance is announced at least 48 hours in advance and planned outside business hours.

4.3 Support

• Email: [email protected], response within 24 working hours
• Contact form: response within 24 working hours
• Knowledge base: documentation and video tutorials

4.4 Changes to the Services

CHARIK reserves the right to develop the Services, and to add or remove features. Major changes are notified in advance.

5. Pricing and payment

5.1 Prices

Current prices are available on the Pricing page. Prices are stated in euros excluding VAT.

5.2 Free trial

CHARIK offers a free 7-day trial with no commitment. No payment method is required for the free trial.

5.3 Billing

• Monthly: automatic payment on the 1st of each month
• Annual: a single payment on subscription, then on each anniversary date

Invoices are available in the customer area.

5.4 Late payment

In the event of non-payment, CHARIK reserves the right to suspend access to the Services after a reminder has gone unanswered for 7 days. Late payment penalties of three times the statutory interest rate will apply.

5.5 Price changes

CHARIK reserves the right to change its prices at any time. New prices are communicated to the Customer at least 30 days before they take effect. A Customer who does not accept the new prices may terminate their subscription.

6. Term and termination

6.1 Term

The contract is entered into for the term of the chosen subscription (monthly or annual) and renews automatically.

6.2 Termination by the Customer

• Monthly subscription: may be terminated at any time, taking effect on the last day of the current month
• Annual subscription: may be terminated with 30 days’ notice, with no refund for the unused period

Termination is carried out from the customer area or by email to [email protected].

6.3 Termination by CHARIK

CHARIK may terminate the contract with immediate effect in the event of:

• Breach of these Terms
• Persistent non-payment
• Fraudulent or abusive use of the Services
• Conduct damaging to CHARIK’s reputation

6.4 Consequences of termination

On termination, the Customer has 30 days to export their data. After that period, the data is permanently deleted.

7. Customer obligations

7.1 Proper use

The Customer undertakes to use the Services in accordance with their intended purpose and with applicable regulations. The following are prohibited:

• Use for illegal or fraudulent purposes
• Distribution of unlawful content (spam, phishing and the like)
• Attempts to intrude into or disrupt the Services
• Resale or sub-licensing of the Services
• Abusive use of bots or automated scripts

7.2 GDPR compliance

As data controller, the Customer undertakes to comply with the GDPR for the data they process through CHARIK. The Customer warrants that they have obtained the consents required for the data they import.

7.3 Security

The Customer undertakes to:

• Keep their credentials confidential
• Inform CHARIK immediately of any unauthorised use of their account
• Keep their systems up to date (browser, antivirus and the like)

8. CHARIK obligations

8.1 Provision of the Services

CHARIK undertakes to use all necessary means to provide the Services at an optimal level of quality and performance.

8.2 Security and confidentiality

CHARIK undertakes to:

• Host data in France (OVHcloud)
• Implement security measures in line with the state of the art
• Encrypt data in transit and at rest
• Perform daily backups
• Not access Customer Data except where technically necessary or legally required

8.3 GDPR processing

CHARIK acts as a processor within the meaning of the GDPR. CHARIK undertakes to:

• Process data only on the Customer’s instructions
• Ensure the confidentiality of the data
• Assist the Customer in meeting their GDPR obligations
• Delete or return the data at the end of the contract

9. Data and intellectual property

9.1 Ownership of Customer Data

The Customer retains full ownership of their data. CHARIK claims no rights over Customer Data.

9.2 Licence to use

The Customer grants CHARIK a limited licence to host, process and display Customer Data solely for the purpose of providing the Services.

9.3 CHARIK intellectual property

CHARIK remains the owner of all intellectual property rights in the Services (software, interface, documentation, trade marks and the like). No licence is granted to the Customer other than the right to use the Services in accordance with these Terms.

9.4 Data export

The Customer may export their data at any time in CSV format.

10. Liability and warranties

10.1 Limitation of liability

CHARIK cannot be held liable for:

• Indirect damages (loss of revenue, loss of data and the like)
• Use of the Services that does not comply with these Terms
• Content and data imported by the Customer
• Service interruptions caused by an event of force majeure

10.2 Liability cap

CHARIK’s total liability is limited to the amounts paid by the Customer over the previous 12 months.

10.3 Warranty

CHARIK warrants that the Services will be provided with reasonable professional care and in accordance with the features described.

10.4 Third-party data

Enrichment data comes from public sources. CHARIK does not warrant the absolute accuracy of that third-party data and cannot be held liable for any errors it may contain.

11. Force majeure

CHARIK cannot be held liable for any delay or failure to perform its obligations resulting from an event of force majeure, including:

• Natural disasters
• Fire, flood
• Widespread power or network failure
• Acts of terrorism, war, riot
• Failure of a critical supplier
• A regulatory change making performance impossible

12. Amendments to these Terms

CHARIK reserves the right to amend these Terms at any time. Amendments take effect 30 days after notification by email.

Continuing to use the Services after the new Terms take effect constitutes acceptance of them. If the Customer disagrees, they may terminate their subscription.

13. Governing law and disputes

13.1 Governing law

These Terms are governed by French law.

13.2 Amicable resolution

In the event of a dispute, the parties undertake to seek an amicable solution before taking any legal action.

13.3 Mediation

In accordance with article L.612-1 of the French Consumer Code, the Customer may refer the matter free of charge to a consumer mediator in the event of a dispute.

13.4 Jurisdiction

Failing an amicable resolution, any dispute falls within the exclusive jurisdiction of the courts of Paris, France.

13.5 Contact

For any question about these Terms:

Email: [email protected]

Post: CHARIK, Legal Department
10 rue de Penthièvre 75008 PARIS, France