PREAMBLE / LEGAL NOTICE

The GAWLS service is operated by GAWL FRANCE (hereinafter referred to as GAWL), (simplified joint stock company), registered in the Paris Trade and Companies Register under number 904 812 336, with its registered office at 75 boulevard Haussmann, 75008 Paris, France.

Contact e-mail address: [email protected] – https://www.gawls.eu

The Director and Head of the GAWLS department is Mr Cédric Aoun.

1. DEFINITIONS

Subscription: A paid subscription required to access the Service. This subscription is managed by a Customer’s Administrator.

Administrator: Any natural person, employed and authorized by a Customer to create an account for the Customer for access to the Service by the Customer’s Users. This person also manages the Company’s Users and their access to the Service. The Administrator is also authorized by the Customer to use the Customer’s means of payment (credit card or Paypal account).

Service: The SAAS (Service As A Software) service, GAWLS, accessible in the connection section of the Site.

Site: The website accessible via the link https://www.gawls.eu or any other link that may replace it, from which the User may access the Service and information relating to the Service.

Company or Customer: Any legal entity subscribing to the Service, whether or not belonging to a news media group, including but not limited to television or radio channels, whether devoted to news or any other theme (entertainment, sport, music, fiction, etc.), as well as any entity operating audiovisual, digital or print media.

User: An individual over the age of majority employed by the Customer, who has demonstrated a willingness to access and use the Service by accepting the General Terms and Conditions of Use of the Service, and who has been granted an access account to the Service by the Administrator. Each active User requires a valid Subscription in order to access the Service.

2. PURPOSE

These GCU define the terms of access and use of the Service via the Site.

3. Main features of the Service

The GAWLS Service provides Users with a suite of tools for analyzing and optimizing performance on professional social networks (Facebook, Instagram, YouTube, and soon TikTok), specifically designed for the needs of media groups.

The main features of the Service include

Competitive benchmark: graphic comparison of interaction indicators (engagement rate, views, publication frequency, etc.) with the social accounts selected by the User.

Trend detection: identify emerging or popular topics by analyzing the most engaging keywords and generating contextualized word clouds.

Optimization of program coverage: for TV and radio channels, measurement of the effectiveness of program promotion publications, analysis of the right timing (day before or day of broadcast), monitoring of the promotion ratio per program.

Publication efficiency: helps plan and reduce operational management time thanks to a user-friendly interface and pre-defined publication templates.

These features are provided for information purposes only and may change at any time depending on updates to the Service or the technical constraints of social networking platforms.

2. TERMS AND CONDITIONS OF ACCESS TO THE SERVICE

• Access to the Service is via the “Connection” section of the Site.
• Each Customer selects an Administrator to manage their users and is responsible for the confidentiality of their login and password to the Service.
• A User may establish only one simultaneous connection to the Service.
• Any attempt to reverse-engineer or reproduce the service is strictly prohibited.
• Account sharing or disruptive use of the Service will result in immediate suspension of access.

In the event of non-compliance with these GCU, GAWL reserves the right to suspend or terminate access to the Service, without notice or compensation.

3. Pricing and billing

• The Service is invoiced at €200 per User per month.
• VAT of 20% applicable to French companies; exemption for companies outside France, in accordance with tax regulations.
• Pro-rata billing for each month started.
• The available features are listed on the invoice sent to each company’s administrator.

GAWL reserves the right to modify the price of the Service and its optional modules with 30 days’ notice.

4. Hosting and security

The Service is hosted on the European servers of OVH. GAWL undertakes to guarantee the security and confidentiality of data in accordance with the RGPD.

GAWL France collects and processes certain personal data from users. For more information, please consult our Privacy Policy.

5. Data and property

• No automated extraction or archiving is authorized.
• In accordance with the provisions of the French Intellectual Property Code, the Service and each of its components are the intellectual property of GAWL and its partners. As such, the software, interfaces, know-how, data, texts, articles, trademarks, logos, illustrations, photographs, computer programs and any other element accessible to the User via the Service are the property of GAWL and its partners.
• These Terms and Conditions of Use do not grant the User and/or Customer any ownership rights to the Service and its component parts, which are and remain the exclusive property of GAWL and its partners.
• The User and/or Customer therefore refrains from any action likely to infringe, directly or indirectly, the intellectual property rights held by GAWL and its partners on the Service.
• The User and/or Customer may not reproduce, represent, modify, translate/adapt, in whole or in part, any of the elements making up the Service. The User and/or Customer also undertakes not to create one or more derivative works from the Service.
• The only right granted to the User and/or Customer on the Service is a right of use. This right of use is granted on an individual and non-exclusive basis. It is limited to strictly private and non-profit use of the Service and is granted for the sole duration of access to the Service. Any other use of the Service by the User and/or Customer is prohibited.
• Users undertake to mention the source of data extracted from the Service in any re-use, in particular by using the following wording:

“Source GAWLS: www.gawls.eu“

6. Service availability

• Total authorized downtime: 12 cumulative hours per month.
• Partial or functional unavailability: 24 cumulative hours per month.
• These interruptions may be caused, among other things, by updates to or constraints on the APIs of supported social networks (which cannot be modified at the customer’s request).
• The data returned by the Service depends on the interfaces (APIs) provided by the social networking platforms. GAWL cannot be held responsible for any modification, deletion or partial unavailability of data from these platforms.

7. T&Cs update

GAWL reserves the right to modify the GCU at any time with 30 calendar days notice.

The latest version is available at: https://gawls.eu/terms-conditions/fr

• 8. Duration and termination
• Subscription per User is non-binding and renewable on a monthly basis.
• Cancellation is possible at any time for one or more Users by the Customer Administrator, with effect from the end of the current month.

9. Applicable law and jurisdiction

These GCU are governed by French law. Any dispute shall be submitted to the exclusive jurisdiction of the Paris courts.

10. Limitation of liability and indemnity

To the fullest extent permitted by law, GAWL’s liability to the Customer or Users, from any and all causes and for any and all damages, whether direct, indirect, material, immaterial, consequential or otherwise, is expressly limited to the total amount paid by the Customer for the Subscription for the last three (3) months prior to the occurrence of the event giving rise to the damage.

The Customer acknowledges that this limitation represents a fair allocation of risk and is an essential condition without which GAWL would not have contracted.

Nothing in these GCU shall limit or exclude GAWL’s liability for fraud or gross negligence.

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