The purpose of these General Terms and Conditions is to define the terms and conditions of use of the services provided by Batch.com, described in Article 6 (hereinafter referred to as the "Services") as well as to define the rights and obligations of the different parties within this framework, in particular the users of the Services (hereinafter referred to as the "Developers"). The Website provides for specific terminology which could be used in the following Terms and Conditions.
The Services can be accessed through the website dashboard.batch.com (hereinafter referred to as the "Website"). The software development kit (“SDK”) can be downloaded in the appropriate section of the Website, subject to the following Terms and Conditions.
The use of the Services entails the Developer’s full and complete acceptance of these General Terms and Conditions of Use, without any reservation. Any qualified acceptance is considered as null and void. Developers who do not accept to be bound by the General Terms and Conditions of Use must not use the Services and not download the SDK.
The Website and the Services are managed by the company iMediapp SA, a limited liability company with a registered capital of EUR 37,500.00, whose head office is located at 41 rue de Prony, 75017 Paris, France (hereinafter referred to as Batch.com). General Manager (publication manager) of the website is Simon Dawlat. Host of the website is Batch SA, +184.108.40.206.71.40.
iMediapp can be contacted at firstname.lastname@example.org.
Services are intended exclusively for professionals, understood as any person or entity who has a regular remunerated activity in any branch of trade or industry, including in particular marketing, advertising, venture capital investment, product or software development.
In order to use the Services, Developers must register on the Website by completing the registration form. Developers must provide all information that is marked as being required. Incomplete registrations shall not be validated.
Registering automatically entails the opening of an account in the Developer’s name (hereinafter referred to as the "Account"), giving Developers access to their own personal space (hereinafter referred to as the "Personal Space") which shall enable them to use the Services in a format and according to the technical means that Batch.com deems the most appropriate for providing said Services.
Developers guarantee that all information they provide in the registration form is exact, up to date and sincere and is in no way misleading or dishonest. They agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria.
Developers are hereby informed and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by Developers shall be binding upon confirmation.
Developers can access their Personal Space by logging in to the Website using their connection ID and their password. Developers agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences. Any use of the Services with the ID and password shall be deemed made by the according Developers.
In the same way, Developers are responsible for keeping their connection ID and password confidential and safe. Developers must contact Batch.com immediately if they notice that their account has been used without their knowledge. Developers acknowledge Batch.com’s right to take all measures it deems appropriate in a case such as this, including (but not limited to) the closing of the account / Personal Space.
Batch.com allows Developers to download the appropriate SDK according to the platform used by Developers. Developers must ensure they are entitled and able to understand, agree and respect the API policies of the respective platform editors (such as Apple, Google, etc…).
Before downloading the SDK, it is strongly recommended to read the documentation set out in the Website, notably regarding the setup and parameterizing of the SDK.
Developers have access to the following Services, in a format and according to the technical means that Batch.com deems the most appropriate.
Batch.com provides an unlock module that automates the creation of promotions for Developers remotely from the Batch.com dashboard, without changing app's code. With the SDK, Developers can have control of items such as item inventories or access to certain app features.
The features of the Batch unlock module are described on the Website, and are accessed directly on the Website.
Batch.com provides a Push module that helps Developers be proactive and communicate with end-users. Developers can even use the push notifications in conjunction with the Unlock module to incentivize end-users to return.
The features of the Batch push module are described on the Website, and are accessed directly on the Website.
Batch.com provides for an Engagement Analytics module that allows Developers to see the performance of app and observe the efficacy of marketing campaigns. Developers have accordingly access to statistics concerning the use of Services, in a format and according to the technical means that Batch.com deems the most appropriate.
The features of the Batch Engagement Analytics module are described on the Website, and are accessed directly on the Website.
Batch.com monitors its Website and Services actively and constantly, in order to detect and solve issues immediately. Batch.com does guarantee any level of availability of the Services.
The Support Services include a technical support by email, at the email address email@example.com. Batch.com will make its best efforts to provide satisfactory technical support via email, but doesn’t guarantee any specific response time.
Batch.com reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing said Service.
Each Party shall be entitled to display, solely in post-use, on any support, the partnership between Batch.com and the Client, notably by displaying the logo and text provided by the other Party.
The Services are accessible in the form of a subscription as provided in the Website, after downloading the SDK (hereinafter referred to as the "Subscription").
Subscription begins on the day of subscription, subject to payment of the fee set out in Article 8, for a duration of 1 (one) month, from date to date. It is then automatically renewed for successive periods of 1 (one) month, from date to date, unless notice of termination is given by either Batch.com or the Developer as provided below.
Developers can cancel their Subscription in their Personal Space at the latest on the day before the term of the current Subscription month. Batch.com can cancel a Developer' Subscription by sending an email to the Developer with at least a 1 (one) month notice. This cancellation shall be effective at the end of the month during which the one notice has ended.
Any Subscription month started is due in its entirety.
Developers undertake to refrain from using the Services for another application than the one for which the Subscription has been originally subscribed.
Subscription to the Services is available in different plans, the fees and characteristics of which are indicated on the Website. Unless otherwise stated, the fees are exclusive of taxes. There will be no refunds or credits for partial months of service or upgrades.
Batch.com may change the fees and payment policies for the Services by notifying the Developers at least 1 (one) month before the change takes effect, by any written mean (including email). When effective, the new fees apply upon the renewal of the Subscription.
Developers who do not accept the new fees must cancel their Subscription according to the provisions set out in Article 7. Developers who continue to use the Services after the entry into force of the new fees shall be deemed to have accepted them.
The payment of the Subscription fee is carried out by direct debit from the Developers’ bank card.
The direct debit is implemented by the secured payment service provider Stripe, who Batch.com entrusts with the storage of the Developers’ bank data to this end. Batch.com doesn’t store any bank data.
The fee for the Subscription is due and the direct debit is carried out on the day of the first subscription, then on the date of each Subscription renewal.
Developers guarantee to Batch.com that they have all the necessary authorizations to use the chosen payment mode. Developers undertake to take all necessary measures so as to ensure safe carrying out of the direct debit.
Developers are hereby informed and expressly agree that any payment delay of all or part of an amount, within the framework of this agreement, at its due term, shall automatically entail, without prejudice to Batch’s other rights and without prior formal notice:
Forfeiture of the term of all amounts payable by the Developer in question, that will become immediately due,
Immediate suspension of current Services until complete payment by the Developer in question of all amounts due,
Invoicing of a late payment interest, for Batch.com’s benefit, at the rate of 3 times (three times) the legal interest rate, calculated on the total of all amounts due by the Developer in question,
Invoicing a lump sum of 40€ for the collection costs.
Developers expressly acknowledge and accept that data collected on Batch.com’s Website and transactions performed in the context of this agreement are recorded by Batch.com. This data is the only means of acceptable proof between the parties, in particular for the calculation of amounts due to Batch.com, what Developers expressly accept.
The Reports are for Developers’ internal use only. Developers may share the reports with third party service providers for analysis and for monetizing, e.g., through ad networks to sell advertising, subject to confidentiality obligations that require the third party service provider not to publicly disclose the information in the reports. Developers may not otherwise sell, rent, disclose or make the reports publicly available without the permission of Batch.com.
Without prejudice to other obligations provided for in this agreement, Developers undertake to respect the following obligations.
10.1 Developers agree, in their use of the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party. Developers are solely responsible for successfully completing all necessary administrative, tax and/or social formalities concerning them that could result from their use of the Services. Batch.com shall in no case be held liable in this respect.
10.2 Developers acknowledge having read on the Website and understood the characteristics and constraints, technical in particular, of the entire range of Services. Developers are solely responsible for their use of the Services.
10.3 Developers undertake to use the Services themselves personally. They shall not transfer, sublicense, delegate or assign all or part of their rights under the present general terms and conditions of use to any third party.
10.4 Developers undertake to use the SDK and the Services properly and on a reasonable basis. Developers shall provide with accurate, proper and adequate information and data. In the event that a product is mistakenly listed, or at an incorrect price or with incorrect specifications or that information is not compliant with the present Terms and Conditions, Batch.com reserves the right to refuse or cancel any order placed for product listed incorrectly, whether or not the order has been confirmed.
10.5 Any sweepstakes, contests, raffles, surveys, games, or similar promotions made available through the Services may be previously be agreed by Batch.com and, the case may be, governed by specific rules that are separate from and in addition to these Terms and Conditions.
11.1 Developers agree not to (or authorize or encourage any third party to) use the SDK, or the Services, generally, to:
In the event of a breach by a Developer of any of the provisions of these General Terms and Conditions of Use or more generally, of any infringement by the former of any laws and regulations in force, Batch.com reserves the right to take any measures it deems appropriate and in particular (without any limitation):
In the event of a breach by a Developer of an obligation stipulated in these General Terms and Conditions of Use, Batch.com reserves the right to immediately cancel the Developers’ access to all or part of the Services, effective immediately, by letter, fax or email. The cancellation will cause the automatic deletion of the Developers’ Account, along with all corresponding stored and indexed content, without prejudice to the other consequences that may be set out in the present General Terms and Conditions of use.
13.1 Batch.com agrees to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide means, but this without any obligation of result, and this is expressly acknowledged and agreed by Developers. Batch.com does not guarantee any result of campaign, threshold, target or number or recruitments. SDK, Services and reports are provided “AS IS” and on an “AS AVAILABLE” basis without warranty or condition of any kind.
13.2 Batch.com’s intervention is limited to the provision of the Services described in Article 6. Batch.com claims no ownership or control over content stored and indexed within the context of the Services. Consequently, Batch.com cannot be held liable for such content, with regard to which Batch.com only intervenes within the role of hosting provider. Developers acknowledge and agree that Batch.com may suppress from the Services any unlawful content that Batch.com may have knowledge of, especially (but not limited to) due to a claim from a third party or in case of a court decision.
13.3 Batch.com shall take all appropriate measures to preserve the security and confidentiality of the stored and indexed content and to prevent unauthorized third parties from accessing such content.
13.4 Batch.com does not guarantee to Developers (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects, (ii) that the Services, being standard and not offered specifically to any one given Developers according to that Developers’ own personal constraints, shall specifically meet that Developers’ needs or expectations.
13.5 In any event, any liability that could be incurred by Batch.com within the framework of this agreement is expressly and solely limited to direct actual damages suffered by Developers and shall not exceed, all faults and damages aggregated, the total amount paid by the Developer concerned within the year preceding these damages. Any procedure against Batch.com must be started within one (1) year following the damage concerned.
Batch.com reserves ownership of all intellectual property rights inherent in or relating to the Services or part of it.
Developers are only granted a revocable, non-transferable, non-exclusive and non-sublicensable license to use the Services and the SDK solely to access Batch.com platform and within the limits and conditions set out in the present General Terms and Conditions of use, and for the duration of the Developers’ Subscription.
Developers consequently undertake to refrain from copying, sub-licensing, distributing, sharing all or part of any software used, including (but not limited to) the SDK, by any means, or to carry out any use of software that is not included in the above mentioned license.
Batch.com shall retain all rights and titles in relation to software, SDK and Services and keeps the right to fix software and SDK the case may be.
Batch.com respects the intellectual property of others. If Developer or any third party believes that work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
Developers shall not disclose, transfer, export, or re-export, directly or indirectly, any software, SDK technology (or direct products thereof) provided under this Agreement to any destination, end user, or end use prohibited under the EU Regulation 1334/2000 (as amended) and EU Regulation 428/2009 (as amended) and the applicable national laws or any other applicable export control laws, without the prior written approval of the European Commission, the customs or other relevant agency.
These General Terms and Conditions can be accessed, stored and printed at any moment from a direct link on the Website's homepage. They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Terms and Conditions of Use. In the case of any inconsistency between the General Terms and Conditions of Use and these specific conditions, the latter shall prevail.
Batch.com reserves the right to amend these General Terms and Conditions of Use at any time. Developers shall be informed of these amendments through any pertinent channel at least 1 (one) month before the entry into force of the amended General Terms and Conditions of Use. When effective, the amended General Terms and Conditions of Use apply upon the renewal of the subscription. Developers who continue to use the Services after the entry into force of the amended General Terms and Conditions shall be deemed to have accepted these amendments.
These General Terms and Conditions of Use are governed by French law.
IN THE EVENT OF DISPUTE CONCERNING THE VALIDITY, INTERPRETATION AND/OR APPLICATION OF THESE GENERAL TERMS AND CONDITIONS OF USE, ALL PARTIES AGREE THAT THE COURTS OF PARIS SHALL BE THE ONLY COMPETENT JURISDICTION CAPABLE OF JUDGING THE DISPUTE, SAVE CONFLICTING MANDATORY RULES OF PRACTICE.
These Terms and Conditions become effective on January 1st, 2015.