Growster SAS
RCS n°882 838 295
17, Allée des Gassets 77 700 – Serris
Contact: hello@surfe.com
We offer you a software-as-a-service product to help you reach your sales objectives by reducing manual data entry (the "Services") through our Chrome Extension (the “Solution”) accessible at the address https://surfe.com (the “Website”) that you must connect to your CRM system.
Our terms and conditions (the "Terms and Conditions") are the sole document governing our contractual relationship and define:
- the terms and conditions of use of our Solution and our Services,
- our obligations and yours.
You can find them via a direct link at the bottom of the Website page.
You agree to the Terms and Conditions by checking a box in the registration form. If you do not agree to all of our Terms and Conditions, you may not access the Solution and the Services.
They may be supplemented by special conditions which, in the event of contradiction, shall prevail over the Terms and Conditions.
(i) You are :
(ii) You are professional, understood as any natural or legal person acting for purposes relating to his commercial, industrial, handmade, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
You must be registered on one of the third-party CRM systems supported by the Solution and authorize the Solution to access your CRM instance. You expressly authorize us to access your Account data on the relevant third-party CRM site.
Registration automatically opens a “Company” account in your name (the "Company Account") linked to the CRM instance you connected the Website with. It also creates an account in your name (the “Account”) which allows you to install our Solution and to use our Services.
You will receive an email containing a secure "magic link" that allows you to connect to the Solution and access the Company Account and its dashboard.
Once your Account has been created, you may freely create accesses for users ("Users") up to the number provided for in the subscribed Services.
You are solely responsible for creating access for Users, and for their personal use of the Solution.
You can access our Solution by going directly to the Website on which our Solution operates as well as using our Chrome Extension.
The link to the Solution and the related integration documentation are provided on the Website.
The Services you have subscribed to are described on the Website.
You recognize:
We reserve the right to offer any other Service.
Any request to modify the subscribed Services must be the subject of a new subscription.
For the duration of the Services, you benefit from maintenance, including corrective and upgrade maintenance. Therefore, the access to the Solution may be limited or suspended for reasons of planned maintenance, which may include corrective and upgrade maintenance.
With respect to corrective maintenance, we make our best efforts to provide you with corrective maintenance to fix any malfunction or bug found on the Solution.
For the duration of the Services, we also provide you with upgrade maintenance which may perform automatically and without prior notice to you, and which includes improvements to the functionality of the Solution and/or technical facilities used in connection with the Solution (such as minor or major extensions).
We provide, under the terms of a due care, the hosting of the Solution, on its servers or through a professional hosting provider, and on servers located in a territory of the European Union.
In the event of any difficulty encountered while using our Services, you can contact us at the contact details referred to in the heading hereof.
You subscribe to our Services on a subscription basis (the "Subscription").
The Subscription starts on the day of its subscription for a monthly or yearly period and is tacitly renewed, for successive periods of same duration (together with the initial period, the "Periods"), from date to date, unless the Subscription is terminated under the conditions of the article "How to terminate our Services".
The prices of the Services are indicated on the Website. They are indicated in EUR or USD and without tax.
If an exchange rate is applicable, you will be responsible for any exchange charges applicable at the time of payment of the price. If applicable, you are solely responsible for the payment of all bank charges related to the payment of the prices, except for our bank's charges.
Any Period started is due in its entirety.
We are free to offer promotional offers or price reductions.
Our prices can be revised at any time under the conditions of the article "How can we modify our Terms and Conditions?”
We will send you an invoice per Period by any useful means.
Payment for the Subscription is made by credit card through the secure online payment service specified on our Website.
You guarantee that you have the necessary authorizations to use your payment method.
In the event of default or delay in payment, we reserve the right, from the day after the due date shown on the invoice, to:
The Website and the Solution are our property, as are the software, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, etc.) that we use. They are protected by all intellectual property rights or database producers' rights in force.
The license we grant you does not entail any transfer of ownership.
You and the Users benefit from a non-exclusive and non-transferable license to use the Solution in SaaS mode for the period set out in the article "For how long do you subscribe to our Services?”
As an exception to this section, we both may use our respective names, trademarks and logos and refer to our respective platforms as commercial references for the duration of our contractual relationship and 3 years thereafter.
By subscribing to our Services, you acknowledge that the content of any kind that you publish on the Solution (the "Content") is broadcasted in a spirit of community exchange.
You may also provide testimonials regarding your use of the Services.
Therefore, you agree that we may:
You agree to provide us with all information necessary to subscribe to the Services and use the Solution.
You :
You must contact us immediately using the contact details set out in the heading page hereof if you become aware that your Account has been used without your knowledge. You acknowledge that we shall have the right to take any appropriate action in such a case.
You are responsible for your use of the Solution and the Services and any information you share in connection therewith. You are also responsible for the use of the Solution and any information shared by Users.
You agree that the Solution will be used exclusively by you and/or Users, who are subject to the same obligations as you in their use of the Solution.
You expressly authorize us to access your company's LinkedIn account and other data and to perform any operation on such data that is necessary to implement the Solution, including merging the data.
You agree to take all necessary steps and to provide us with all information required to do so.
Especially, you recognize that the Solution is not a LinkedIn product. Like any third-party software or tools, LinkedIn Corporation and any Sales Navigators don’t endorse the use of the Solution nor does LinkedIn Corporation and any Sales Navigators have any association with us.
As such, you are solely responsible for compliance with the terms and conditions of LinkedIn, Sales Navigators and CRM tools. Surfe will not be responsible for any dispute arising from your relationship with respect to compliance with the terms and conditions of these tools.
You shall not misuse the Solution for purposes other than those for which they were designed, and in particular for:
You will also not:
You are responsible for Content of any kind that you post as part of the Services.
You shall not distribute any Content (this list is not exhaustive):
You will indemnify us against any claim and/or action that may be brought against us as a result of a breach of any of your obligations. You will indemnify us for any loss suffered and reimburse us for any sums we may have to bear as a result.
We undertake to provide the Services with due diligence, it being understood that we are bound by due care.
We undertake to comply with the regulations in force.
Any delay attributable to you will result in a corresponding delay in the agreed delivery time.
We make every effort to provide you with quality Services. For this purpose, we carry out regular checks to verify the functioning and accessibility of our Solution and may carry out scheduled maintenance under the conditions specified in the "Maintenance" section.
However, we are not responsible for any difficulties or temporary impossibility of access to our Solution and the Services due to:
We are responsible for the operation of our servers, the outer limits of which are the connection points.
Furthermore, we do not guarantee that the Services:
We make every effort to maintain 24/7 access to the Solution except in the event of scheduled maintenance as defined in the "Maintenance" section or force majeure.
We do our best efforts to ensure data security by implementing measures to protect the infrastructure and the Solution, to detect and prevent malicious acts and to recover data.
We may publish and/or send you any advertising or promotional messages, including links to third party platforms.
However, we are not responsible for:
We may use subcontractors in the performance of the Services, who are subject to the same obligations as we are in the performance of their work. However, we shall remain solely responsible to you for the proper performance of the Services.
We may substitute any person who will be subrogated to all our rights and obligations under our contractual relationship. We will inform you of any such substitution by any written means.
Our liability is limited to proven direct damages that you suffer as a result of using our Services.
With the exception of physical injury, death and serious misconduct, and subject to having made a claim by registered letter with acknowledgement of receipt, within a period of one month following the occurrence of the damage, our liability shall not be engaged for an amount exceeding the amounts we have received during the 12 months preceding the event giving rise to liability or the period of provision of our Services, if this period is shorter.
Evidence can be established by any means.
You are informed that the messages exchanged through our Solution as well as the data collected on the Solution and our computer equipment constitute the main mode of proof admitted, in particular to demonstrate the reality of the Services performed and the calculation of their price.
As part of our contractual relations, we shall undertake to comply with the applicable regulations on personal data processing and, in particular, the General Data Protection Regulation (regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016) and to the French Data Protection Act of 6 January 1978 in its latest version (hereinafter referred together as the “Applicable Regulation”).
In the execution of the Terms and Conditions, we process the personal data of your interlocutors as data controller within the meaning of the Applicable Regulations on the following processing operations:
- Management of the contractual relationship with you
- Creation of the Account on the Website
To learn more about the processing of personal data, please refer to our Privacy Policy.
The purpose of this clause is to define the conditions under which we undertake to carry out, on your behalf, the personal data processing operations defined below.
As part of the Services, we process personal data in your name and on your behalf as a data processor, while you act as a data controller within the meaning of the Applicable Regulation.
The characteristics of the processing are described in Appendix 1.
You undertake to:
We undertake respectively to keep confidential, for the duration of our contractual relationship and 3 years thereafter, all information relating to or held by the other party of which we become aware on the occasion of the conclusion and performance of our contractual relationship.
This obligation does not extend to information:
Confidential information may be passed on to our respective employees, collaborators, trainees, agents and contractors, on condition that they are subject to the same obligation of confidentiality.
We shall not be liable for any failure or delay in the performance of our respective contractual obligations due to force majeure occurring during our relationship. Force majeure includes:
If one of us is prevented from performing its obligations due to force majeure, it must inform the other party by registered letter with acknowledgement of receipt. The obligations shall be suspended upon receipt of the letter and shall be resumed within a reasonable period of time after the force majeure has ceased.
We shall nevertheless remain liable for the performance of our respective obligations that are not affected by force majeure and for any payment obligations.
The Subscription must be denounced at the latest 1 day before the end of the current Period, by
You no longer have access to your Account once the Services have ended.
Any Period started is due in its entirety.
The payment of the price of the Services as well as the obligations set out in the article "What are your obligations and what are you responsible for" are essential obligations.
In the event of a breach of these obligations, we may:
Termination will result in the deletion of your Account,
These sanctions are without prejudice to any damages we may claim from you.
We may modify our Terms and Conditions at any time and will notify you in writing (including by email) at least 15 calendar days before they come into effect.
The modified Terms and Conditions are applicable when you renew your Subscription.
If you do not accept these modifications, you must terminate your Subscription in accordance with the Terms and Conditions set out in the article "How to terminate our Services?".
If you use our Services after our amended Terms and Conditions come into effect, we will assume that you have accepted them.
The English language shall prevail in the event of any inconsistency or dispute as to the meaning of any term or provision.
Our Terms and Conditions are governed by French law.
In the event of a dispute between us, and in the absence of an amicable settlement within 2 months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), unless otherwise provided for by mandatory provisions.