SpyTool
1. OBJECT OF THE GENERAL TERMS AND CONDITIONS
The present general terms and conditions of sale (hereinafter "GTC") aim to define the conditions under which S.A.S OCTAVE, a simplified joint-stock company with a capital of 1000 euros, whose registered office is located at 23 COURS EDOUARD VAILLANT, 33300 BORDEAUX, registered in the Bordeaux trade and companies register under number 889671251, provides a geolocation service (hereinafter the "Geolocation Service") via its website (hereinafter the "Site") to any individual acting for purposes that do not fall within the framework of their professional activity (hereinafter the "Client").
The present GTC complement the General Terms of Use of the Site (hereinafter "GTU").
2. SCOPE AND ACCEPTANCE OF THE GTC
2.1 Scope of the GTC
The GTC exclusively govern the provision of the Geolocation Service to the Client.
The GTC, together with the order of the Geolocation Service placed by the Client (hereinafter the "Order") and the GTU, constitute the contractual documents enforceable against the parties, excluding all other documents which are for indicative purposes only.
2.2 Acceptance and enforceability of the GTC
The GTC are provided to the Client on the Site where they can be directly consulted and downloaded in PDF format so that they can read, print, and save them.
The GTC are enforceable against the Client who acknowledges, by checking a box provided for this purpose, that they have been informed of and accepted them before placing the Order. The acceptance of the GTC by the Client is formalized when filling out the Order form, they check the box "I acknowledge having read and accepted these general terms and conditions of sale".
The validation of the Order by its confirmation constitutes the Client’s adhesion to the GTC in force on the day of the Order, the conservation and reproduction of which are ensured by S.A.S OCTAVE.
S.A.S OCTAVE reserves the right to modify its GTC at any time. In the event of modification of the GTC, the applicable GTC are those in force on the date of the Client's Order.
3. CREATION OF A PERSONAL ACCOUNT
By subscribing to the Geolocation Service, the Client agrees that a personal account (hereinafter the "Personal Account") will be created immediately. The Client guarantees the accuracy of the information provided.
Simultaneously with the subscription to the Geolocation Service, S.A.S OCTAVE sends the Client to the email address provided a username as well as a temporary password that the Client can change upon first logging into their Personal Account.
4. GELOCATION SERVICE
To use the Geolocation Service, the Client fills out the geolocation form by indicating the mobile phone number of the individual they wish to geolocate (hereinafter the "Recipient") as well as their email address.
Once the Order is validated, an SMS is sent to the Recipient (hereinafter the "SMS"). The SMS states, "Someone is trying to locate you."
For the Client to be informed of the geolocation of the Recipient, the Recipient must accept the geolocation request (hereinafter the "Request") by clicking on the hyperlink leading to the GTU of the Site that is included in the SMS and accepting them after reading.
The Client expressly acknowledges that the geolocation of the Recipient can only occur after the Recipient has given their consent to the Request.
The Client acknowledges that in the event of the Recipient's refusal of the Request, S.A.S OCTAVE will incur no liability and no claim can be made by the Client.
5. PRICE
The Client expressly agrees to pay the price of the Geolocation Service under the following conditions:
● The first day of use of the Geolocation Service is charged at €0.50 and allows the Client to test the service.
● At the end of this one-day period from the first subscription to the Geolocation Service, the Client is automatically subscribed to the Geolocation Service for an amount of €39.90 including VAT per month. Each month, the Client can then send 30 Geolocation Requests to the Recipients of their choice.
At the end of the first week of use, and in the absence of a prior unsubscribe request from the Client, the subscription price for the Geolocation Service is automatically and monthly debited from the bank account used to pay for the Geolocation Service.
At any time during the first week of use or during their subscription, the Client can unsubscribe by following the link below:
https://app.spytool.pro/fr/retractation/
6. CONTRACT
The contract consists of the GTC, the GTU, the Order, and the invoice (hereinafter the "Contract"). The Contract is formed at the time of payment validation by the Client.
S.A.S OCTAVE archives the Order and the invoices of the Clients on a reliable and durable medium. Copies of Orders and invoices are provided to the Client upon request.
7. ORDER
To place an Order, the Client fills out the form indicating the phone number of the Recipient they wish to geolocate, and then clicks on the button "Get the phone's location".
The Client then provides the information related to the payment method.
At this stage, the Client creates a Personal Account. The Client guarantees the accuracy, sincerity, and reliability of the information provided. Prior to their Order, the Client guarantees that they are of legal age, capable, and specifically authorized to use the payment methods they will use to pay for their Order.
The Client then views the Order and confirms it by clicking on the box "Order with payment obligation" on the form. The Client declares that they have read and accepted the GTC before placing the Order. The confirmation of the Order thus entails unconditional acceptance of the GTC.
The Client acknowledges that validating the Order implies the obligation on their part to pay the price of the Geolocation Service according to the terms set out in Article 5 of the GTC.
The Order is only definitive upon validation of the payment of the price according to the payment method accepted by S.A.S OCTAVE and mentioned in Article 8 below.
Any Order placed by the Client on the Site is subject to immediate written confirmation from S.A.S OCTAVE, sent by email to the Client containing a summary of
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