Surfe (Growster SAS)
RCS n°882 838 295
17 allée des Gassets, 77700, Serris, France
[email protected]
1. What do we offer?
We provide a software-as-a-service (SaaS) solution (the “Solution”) designed to help you reach your sales objectives by providing a range of features aimed at streamlining B2B prospecting, enhancing CRM (Customer Relationship Management) integration, and building and enriching lists of relevant prospects and companies (together with the Solution, the “Services”).
The Services are delivered through our platform (the “Platform”) and our Chrome browser extension (the “Chrome Extension”), accessible via our website at https://www.surfe.com (the “Website”).
2. What do you need to know about our Terms and Conditions?
2.1 What are our Terms and Conditions for?
These terms and conditions (the “Terms and Conditions”) form a legal agreement between you and Surfe, and:
- Govern your use of our Services,
- Define your rights and obligations in relation to that use.
2.2 Where can you find our Terms and Conditions?
You can access our Terms and Conditions via a direct link located at the bottom of our Website. They are also presented to you via a direct link when you sign up to subscribe to the Services.
2.3 How to accept our Terms and Conditions?
By subscribing, accessing or using any of our Services (including through the Platform and/or Chrome Extension), you confirm that you have read, understood, and agreed to be bound by these Terms and Conditions.
They may be supplemented by specific or special conditions applicable to certain Services or features which, in the event of contradiction, shall prevail over these Terms and Conditions.
3. What are the conditions for subscribing to our Services?
(i) You must either be:
- a natural person with full legal capacity, power and authority to enter into and be bound by these Terms and Conditions; or
- a legal person represented by a natural person who has full legal capacity and is duly authorized to enter into and bind you to these Terms and Conditions on your behalf.
AND
(ii) You must be (and warrant that you are) subscribing to the Services as a professional, understood as acting for purposes relating to your commercial, industrial, handmade, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
4. How to subscribe to our Services?
To subscribe to our Services, you must create a user account (“User Account”) either by logging in via your Google account, or by authenticating through a third-party CRM system supported by our Solution. By doing so, you expressly authorize us to access and process the account data associated with the authentication method you use, solely to the extent necessary to provide our Services. You agree to take all necessary steps to provide us with all the information required to enable us to do so.
5. How can your users use our Services?
When you register, a company-level account (the “Company Account”) is automatically created in your name and, where applicable, linked to the CRM system you used to connect to the Website. The first created User Account of such a newly registered Company Account is considered the administrator of the Company Account (the “Administrator User”) which allows this individual to install the Solution and the company to use the subscribed Services.
Once the Administrator User has been created, the administrator may freely grant access to individuals within your organization (“Users”), up to the number permitted under the scope of the subscribed Services.
The company subscribing to the Services is solely and fully responsible, through the administrator who has full power to engage and bind company, for creating and managing User access, and for ensuring that each User (including the administrator) uses the subscribed Services, Platform and Chrome Extension, in compliance with these Terms and Conditions.
6. How to access our Solution?
Access to our Solution is directly via the Platform on which it operates, as well as through our Chrome Extension.
The link to the Solution and the related integration documentation are also available on the Website.
7. Which Services do we offer?
7.1 Our Services
The Services available for subscription are described on the Website.
By subscribing to our Services, you acknowledge and agree that:
- you are aware of the characteristics, features and limitations of our Services, including any technical constraints; and
- the use of the Solution, and more generally our Services, requires a stable and reliable Internet connection, and the quality of the Services depends on such connection. We cannot be held liable for any unavailability, delays and/or difficulties in accessing the Services that may be caused by the failure or inadequacy, whatever the cause, of your Internet connection.
We reserve the right to modify or offer any additional Services at our sole discretion.
7.2 Maintenance & Support
Maintenance
As part of your subscription, and for the duration of the subscribed Services, you benefit from maintenance, including corrective and upgrade maintenance. For this purpose, you acknowledge and agree that access to the Solution may occasionally be limited or suspended due to planned maintenance activities.
With respect to corrective maintenance, we will do our best efforts to promptly address and deal with any malfunctions or bugs identified in the Solution.
Upgrade maintenance is also provided for the duration of the subscribed Services and may be performed automatically without prior notice. Such upgrades include improvements to existing functionalities and/or to technical components used in connection with the Solution.
Please note that although extensions and upgrades to existing features may be included in your subscribed Services, newly introduced features or functionalities are not automatically included and may be subject to a separate agreement or additional fees.
Hosting
We provide hosting of the Solution with due care, either on our own servers or through a professional hosting provider. All servers used for hosting the Solution are located within the territory of the European Union.
Technical support
If you experience any difficulties while using our Services, you can contact us either through the support chat widget on the Website or by sending us an email to [email protected].
8. What is the duration of your Subscription?
The Services are provided on a subscription basis (the “Subscription”). Details on the available Subscription options can be found here: https://www.surfe.com/pricing.
Upon creation of the Company Account, a 14-day free trial period of the “Pro” Subscription will start. At the end of this trial period, if you have not selected a Subscription plan, your Subscription will automatically revert to the “Free” Subscription, with no charges incurred.
The Subscription starts at the moment you select and purchase a Subscription, at which point your Subscription takes effect for either a monthly or yearly period. Unless you terminate your Subscription in accordance with article 18, your Subscription will be automatically renewed, for successive periods of the same duration (together with the initial term, the “Subscription Periods”), calculated from date to date.
9. What are our financial conditions?
9.1 What are the prices of our Services?
The prices applicable to the Services (the “Subscription Fees”) depend on the Subscription plan you select and are indicated on the Website here: https://www.surfe.com/pricing. They are exclusive of any applicable taxes.
In addition to the Subscription Fees, you may also purchase credits (the “Credits”) that allow access to additional enrichment functionalities of the Solution beyond the limits of your current Subscription plan. Payment for any Credits is also due in full at the time of purchase. The pricing and conditions applicable to such credits are also set out on the Website.
If currency conversion is applicable, you are solely responsible for any exchange rate charges applicable at the time of payment. You are also solely responsible for any bank or transaction fees incurred in connection with the payment of the Subscription Fees and Credits, except for any fees charged by our own payment provider or bank.
The Subscription Fees are payable in full and in advance for each Subscription Period (monthly or annually, depending on your selection). Each billing period that has commenced is due in full, regardless of whether the Services are used throughout the entire Subscription Period.
Any Credits purchased but not used during a given Subscription Period will not be carried over to the following Subscription Period. However, if the Subscription is terminated as set out in article 18, any remaining unused Credits will be lost and will not be refunded.
We reserve the right to offer promotional pricing or discounts at our sole discretion.
The Subscription Fees and Credit pricing may be revised at any time in accordance with the conditions set out in article 19.
9.2 What are our billing and payment terms?
An invoice will be issued in advance for each Subscription Period and sent to you via email.
Payment for the Subscription Fees and any Credits purchased will be attempted automatically if a payment method is already attached to your Company Account, and must be made in full at the time of purchase, either monthly or annually as applicable, using a valid credit card or SEPA transfer through the secure online payment service specified on our Website.
You represent and warrant that you are duly authorized to use the chosen payment method and that all payment information provided is accurate and up to date.
9.3 What are the consequences of late or non-payment?
In the event of default or delay in payment of any due amount, we reserve the right, from the day following the invoice due date, to:
- Declare all outstanding amounts immediately due and payable; and/or
- Immediately suspend access to the Services until full payment of the amounts due has been received; and/or
- Apply late payment interests on the overdue undisputed amount at a rate of three (3) times the applicable French legal interest rate, and demand a lump sum of forty (40) euros for recovery in accordance with the provisions of the French commercial code, without prejudice to our right to seek additional compensation if actual recovery costs actually exceed this amount.
In the case of a monthly Subscription to either the “Essential” or the “Pro” Subscription plan, if payment remains outstanding for more than one (1) month after the due date indicated on the invoice, your Subscription will automatically be downgraded to the “Free” Subscription plan without notice.
10. What are our respective intellectual property rights?
All intellectual property rights in and to the Services (including the Solution), Platform and Website, including but not limited to, the software, infrastructure, databases, and content of any kind (such as text, images, graphics, music, logos, trademarks, and brand elements) are our exclusive property or are lawfully licensed to us.
The access and use rights granted to you under these Terms and Conditions do not constitute a transfer of ownership. We grant you and your authorized Users a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Solution in SaaS mode, strictly for your internal business purposes and for the duration of your Subscription, as set out in article 8.
Notwithstanding the above, we both may refer to the other’s name, trademarks, logos and platform(s) as commercial references for the duration of the contractual relationship and for a period of three (3) years following its termination, unless either of us objects in writing.
By subscribing to our Services, you acknowledge that any content of any kind that you or your Users upload, publish or share on the Solution (the “Content”) is intended to be shared in a professional context or for the purpose of our collaboration.
You may also provide feedback or testimonials regarding your use of the Services (“Testimonials”).
Accordingly, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, display, distribute, and adapt the Content and Testimonials for the purpose of promoting the Solution, the Services and our activities, including the right to:
- Display the Content and Testimonials free of charge on the Solution and on any third-party websites operated by our commercial partners, by any means and on any medium, for the purpose of promoting the Solution and the Services; and
- Translate the Content and Testimonials into any language; and
- Modify (in particular the framing, format and colors) and/or adapt the Content and Testimonials as needed (in particular to the technical constraints of the Solution such as alterations or degradations in their quality), provided such changes do not alter their original meaning or substance.
If you would like to revoke your consent to our use of Content and/or Testimonials, you may do so at any time by contacting us at the following address: [email protected].
Except as expressly permitted above, you and your Users are strictly prohibited from engaging in any of the following activities, without our prior express written consent:
- Copying, reproducing, displaying, performing, distributing, publishing, or transmitting the Website, the Solution, or our trademarks, whether permanently or temporarily, by any means or process and on any medium known or unknown to date;
- Creating derivative works based on the Website, Solution or our trademarks;
- Modifying, translating, adapting, or otherwise altering the Website and/or our Solution or trademarks;
- Disassembling, decompiling, reverse-engineering, or attempting to extract the source code of the Website or the Solution or any part thereof;
- Selling, renting, sublicensing, distributing, or otherwise commercially exploiting the Website, Solution or our trademarks in any form.
Any unauthorized use may constitute an infringement of our intellectual property rights and may result in the suspension or termination of your access to the Services in accordance with article 18, without prejudice to any legal action we may pursue.
11. What are your obligations and what are you responsible for?
11.1 Your Account
You agree to provide us with accurate, complete, and up-to-date information necessary for subscribing to the Services and for the proper use of the Solution. You are solely responsible for ensuring that such information remains current throughout the duration of your use of the Services. This information constitutes proof of your identity and is binding on you once validated.
You are solely responsible for managing and securing the email address associated with your User Account, which can be used to send you a secure one-time use authentication link for accessing the Solution. Any access made using your User Account will be deemed to have been made by you.
In the event you become aware of any unauthorized use of your User Account, you must notify us immediately using the contact details set out in the header of these Terms and Conditions. We reserve the right to take any measures we deem appropriate in such cases, including the suspension or restriction of access to your User Account.
11.2 Use of the Solution
You are responsible for your use of the Solution and the Services, as well as any data, Content or information you submit or share in connection with such use. You are also responsible for the use of the Solution and the Services by Users authorized under your Company Account, and for any Content or data they share. You control the Users’ access to the Solution and Services, and are responsible for ensuring their compliance with these Terms and Conditions.
You agree that access to and use of the Solution will be strictly limited to you and your authorized Users. Functionalities and features included in each Subscription plan are granted on a per-User basis and may not be shared or transferred between persons.
You shall not misuse the Solution or Services for purposes other than for their intended use, and in particular to:
- Engage in illegal or fraudulent activity;
- Harm public order and morality;
- Infringe on third parties or their rights in any way whatsoever;
- Violate any applicable contractual, legal or regulatory provisions;
- Interfere with or compromise a third party’s computer system, in particular for the purpose of violating its integrity or security;
- Assist or incite a third-party to engage in any of the activities listed above.
You further agree not to:
- Copy, modify or misappropriate any of our intellectual property in accordance with article 10;
- Attempt to interfere, disrupt or bypass our IT systems or breach our security measures;
- Infringe upon our financial, commercial or moral rights and interests;
- Market, distribute, sublicense or otherwise provide third-party access to the Solution, the Services, the information hosted on the Website or any associated proprietary materials.
You are responsible for Content of any kind that you or your Users publish or submit as part of your use of the Services. You shall not share or distribute any Content that (non-exhaustive list):
- Infringes public order and morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or otherwise contrary to public decency);
- Is prejudicial or infringes upon the rights of third-parties;
- Violates a contractual, legal or regulatory provision;
- Is misleading, deceptive or promoting illegal, fraudulent or deceptive activities;
- Damages or attempts to harm third-parties’ IT systems.
You are solely responsible for ensuring that your and your Users’ use of any third-party platforms or services complies with their applicable terms and conditions. The Solution is developed and provided independently and is not affiliated with or endorsed by any third party. We cannot be held liable for any claim, dispute, or issue arising from your use of or non-compliance with the terms and conditions of such third-party services.
You agree to indemnify, defend and hold us harmless from any claim, complaint, demand, recourse and/or action of any kind that may be brought against us as a result of a breach by you or a User of any of your obligations under these Terms and Conditions. You undertake to compensate us for any prejudice, loss and/or damage suffered, and to pay all costs, charges and/or fines that we may incur as a result.
12. What are our obligations and what are we responsible for?
We undertake to provide the Services with due diligence and care, in accordance with applicable laws and regulations.
12.1 Use of the Solution
We will make our best efforts to provide you with quality Services and will regularly monitor the functioning and accessibility of our Solution. Scheduled maintenance may be performed as detailed under the conditions specified in the “Maintenance” section.
However, we disclaim any liability for interruptions or temporary unavailability of the Solution and Services resulting directly or indirectly from:
- Circumstances beyond our control;
- Failure of equipment, cabling, services or networks not included in our Services, or which are not under our responsibility;
- Interruption of the Services by telecommunication operators or internet service providers;
- Your actions, including incorrect configuration applied to the Services. Any delay attributable to you will result in a corresponding delay in the agreed delivery time;
- Force majeure events.
Furthermore, we do not guarantee that the Solution and/or the Services:
- Will be entirely free from errors, defects, or faults;
- Will fully meet your specific needs and expectations, as the Services and Solution are provided “as is” on a standard basis.
12.2 Solution availability
We will make our best efforts to maintain 24/7 access to the Solution except in the event of scheduled maintenance as defined in the “Maintenance” section or in cases of events listed in section 12.1.
12.3 Concerning security
We will make our best efforts to ensure data security by implementing appropriate measures to protect the infrastructure and the Solution, to detect and prevent malicious activity, and to recover data where necessary.
12.4 Concerning advertising
We may publish and/or send you promotional messages and/or content, including links to third-party platforms.
However, we are not responsible for:
- The technical availability and content, products and/or services of these third-party platforms;
- Any relationships you establish through these platforms.
12.5 Concerning subcontracting and assignment
We may call on subcontractors in the performance of the Services, who will be bound by the same obligations as we are. However, we remain solely responsible for the proper performance of the Services.
We reserve the right to (and you already accept that we may) freely assign or transfer to any third-party, by any means or operation of any kind, our rights and obligations under these Terms and Conditions and the Subscriptions. We will inform you of any such assignment or transfer by any written means. As per the assignment or transfer date, the assignee or transferee shall remain solely liable of the performance of our obligations under these Terms and Conditions and the Subscriptions, and we will not be jointly and severally liable with said assignee or transferee.
13. What are the limits of our liability?
Our liability is limited to proven, direct damages that you have actually suffered as a result of using our Services. Under no circumstances shall we be liable for any indirect damages or for loss of profits, loss of business, loss of customers or loss of data.
With the exception of physical injury, death and willful misconduct, and subject to a written claim submitted by registered letter with acknowledgement of receipt within one (1) month following the occurrence of the damage, our total liability shall not exceed:
- If you have selected a “Free” or Premium monthly Subscription plan: the total amount of Subscription Fees effectively paid by you for the monthly Subscription Periods preceding the event giving rise to liability, within a limit not exceeding the total Subscription Fees paid in the last twelve (12) months;
- If you have selected an annual Subscription plan: the total amount of Subscription Fees effectively paid by you for the ongoing annual Subscription Period during which the event giving rise to liability occurred;
14. What types of evidence is accepted between us?
Evidence may be established by any means.
You acknowledge that all messages exchanged through our Solution as well as any data collected on the Solution and our IT system, shall constitute the main mode of proof admitted, in particular to demonstrate the Services performed and the calculation of any related fees.
15. How is personal data processed in the context of the Services?
In connection with the provision of its Services, Surfe may collect and process certain personal data. In this respect, we invite you to consult Surfe’s Privacy Policy for more information, available here: https://www.surfe.com/privacy-policy/ as well as Surfe’s Data Protection Policy, available here: https://www.surfe.com/data-protection/.
16. What are our respective obligations regarding confidentiality?
All information or data, in any form and on any medium whatsoever, disclosed by one of us (referred to hereinafter as the “Disclosing Party”) to the other (referred to hereinafter as the “Receiving Party”) in the context of our contractual relationship which is marked as confidential or which may be reasonably viewed as being confidential by the Receiving Party, taking into account the nature of the information disclosed and the circumstances of its disclosure, shall be deemed confidential hereunder (the “Confidential Information”).
We undertake respectively, for the duration of our contractual relationship, not to make use of Confidential Information for any purposes other than the performance of our obligations under these Terms and Conditions and the Subscription, and not to disclose Confidential Information to third parties, without having priorly obtained the written consent of the Disclosing Party.
Confidential Information does not include information that the Receiving Party can show:
- Was rightfully in its possession without any obligation of confidentiality before receipt from the Disclosing Party;
- Is or becomes a matter of public knowledge through no fault of the Receiving Party;
- Is rightfully received by the Receiving Party from a third party without violation of a duty of confidentiality; or
- Is or was independently developed by or for the Receiving Party.
Notwithstanding the foregoing, Receiving Party may disclose Disclosing Party’s Confidential Information:
- If prior directed in writing by the Receiving Party; or
- To the extent required by applicable laws and regulation and/or applicable legal process, provided that in such cases the Receiving Party uses commercially reasonable efforts to:
- Promptly notify the Disclosing Party in advance, to the extent permitted by law, and
- Comply with the Disclosing Party’s reasonable requests regarding its efforts to oppose the disclosure.
Confidential Information may be disclosed to our respective employees, collaborators, trainees, agents and contractors, provided that they are bound by the same confidentiality obligations.
The duty of confidentiality imposed by this clause shall remain in force for a period of three (3) years from the termination of our contractual relationship for any reason whatsoever.
17. Force majeure
In an event of force majeure, as defined in the French Civil Code, resulting in a delay or temporary impediment to performance of our respective obligations under these Terms and Conditions and the Subscription, the affected party shall promptly notify the other party in writing of the delay or failure, specifying the nature of the force majeure event and its expected duration. The affected party shall make all reasonable efforts to mitigate the effects of the force majeure event and resume performance of its obligations as soon as reasonably practicable.
If the force majeure event persists for a period exceeding thirty (30) consecutive days, and/or if, as soon as it occurs, it leads to a definitive impediment to performance of our obligations for one of us, each of us will be entitled to terminate the Subscription as of right, by sending a written notice to the other party by registered letter with acknowledgement of receipt. Termination will then take effect upon receipt of such registered letter, without either of us incurring any liability as a result.
We shall nevertheless remain liable for the performance of our respective obligations that are not affected by the force majeure event, including any payment obligations.
18. How to terminate our Services?
18.1 Termination of Subscription for convenience
Either of us may terminate your Subscription at any time for convenience, provided notice is given no later than one (1) day before the end of the current Subscription Period:
- By you, by sending us a request through our support Widget or sending us an email to [email protected],
- By us, by sending you an email to the address associated with your Administrator Account.
Termination will take effect at the end of the then current Subscription Period, after which your Company Account will be automatically transferred to a “Free” Subscription. Subscription Fees for any ongoing period remain payable in full and are non-refundable.
Any unused Credits will remain valid until the end of the current Subscription Period but will not be carried over or refunded thereafter.
18.2 Termination of Subscription for breach
The payment of the Subscription Fees and compliance with the obligations set out in the article 11 constitute essential obligations. A breach of such essential obligations constitutes a material breach.
In the event of a material breach, we reserve the right to:
- Suspend or terminate your access to the Services immediately without prior notice, regardless of whether such breach is curable.
In the event of a breach of these Terms and Conditions that does not constitute a material breach, we reserve the right to send you a registered letter with acknowledgement of receipt, either to:
- Terminate our contractual relationship with immediate effect upon receipt of such letter; or
- Request that you remedy the breach within seven (7) calendar days. If the breach is not resolved within this period, the termination will take effect automatically at the end of the notice period.
Upon termination or suspension of your Subscription, your Company Account will be transferred to a “Free” Subscription. Any Subscription Period already commenced remains due in full and will not be refunded. Any unused Credits will be immediately forfeited, without compensation.
Account Deletion
You have the right to request your Company Account to be deleted, together with all registered User Accounts. Surfe will undertake to remove any personal data associated with your account in accordance with all legal retention obligations and remove any third party authentication tokens linked to your account.
You are solely responsible for retrieving and downloading any Content or data you wish to retain before the deletion of the account. We shall not be responsible for storing, exporting, or returning any data following the deletion.
19. How can we modify our Terms and Conditions?
We may modify our Terms and Conditions at any time. You will be notified in writing (including by email) at least fifteen (15) calendar days before these changes come into effect.
If you do not agree to the revised Terms and Conditions, you may terminate your Subscription in accordance with the provisions set out in the article 18.
Your continued use of the Services after the effective date of the amendments will be deemed as acceptance of the updated Terms and Conditions.
20. Severability
If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable under any applicable law or by a competent authority, that provision shall be deemed severed and shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
21. No waiver
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision, nor shall it prevent us from exercising it in the future. Any waiver must be expressly made in writing to be valid.
22. Assistance, information and complaints
Any request for information, clarification, or support regarding the Website and/or the Services, as well as any complaint, must be submitted via the support Widget on the Website, or by email at [email protected].
23. Which language prevails in case of dispute?
In the event of any inconsistency or dispute regarding the interpretation of any term or provision of these Terms and Conditions, the English language version shall prevail.
24. Applicable law and jurisdiction
Our Terms and Conditions and the Subscription are governed by French law.
Should any dispute arise in relation to the acceptance, validity, interpretation, performance and/or termination of the Subscription and/or our contractual relationship, we shall endeavor to reach an amicable solution to such dispute. If we are unable to do so within sixty (60) days of the date of the first notification of such dispute by one of us to the other, we agree that the dispute shall be a matter for the exclusive jurisdiction of the competent Paris courts.
