Terms of Service
These Terms of Service constitute a contract between You (a company selling highly technical goods or services) and Us (Facten SAS, a French company located at 111 avenue Victor Hugo, 75784, Paris, France, registration number RCS 789 859 782).
By using the Service, You certify that you have fully read and accepted these Terms. We reserve the right to update these Terms and we encourage you to review them regularly.
The Mission of Facten is to help You discover, profile and connect to potential customers in Academic Life Science.
We make accessible to You a Software-as-a-Service web Application at the internet domain “facten.com”. This Application can be used to:
- search for potential customers
- profile potential customers
- store and organize potential customers
- document your interaction with potential customers
You may only use the Application according to this intended use. Access to this Application constitutes the totality of the Service provided by Us to You.
By using the Service, You acknowledge that you have fully and completely informed yourself of:
- our Terms of Service (available at https://www.facten.com/terms-of-service)
- our Legal Notice (available at https://www.facten.com/legal-notice)
No specific condition may prevail over these unless it has been previously and expressly accepted by Us. Any contrary condition required by You will not apply if it is not expressly accepted by Us, irrespective of when We shall have been informed of such condition. No failure by Us to avail at any given time of any one of these documents will constitute a waiver of such terms in the future.
2.1. Algorithms it’s all automatic
Facten discovers and profiles Your potential customers by algorithmically analyzing several data sources, most of which are publicly available (such as scientific articles, grants or patents). Except for the initial design of these generic algorithms, humans play no role whatsoever in the processing of the information. All the information We provide to You is processed entirely automatically. It has not been reviewed or validated by an expert in your field or even by a human.
2.2. Limited support you should figure it out
We have strived to make the Service as simple as possible and so it can be used directly by You as you would an internet search engine or any “self-service” web application. We will provide extremely limited one-on-one direct training, assistance or support. If during the Trial Period (defined below) You find that you require significant training, assistance or support, You should not continue to use, and in particular you should not subscribe to, the Service. If unsure, please contact Us.
2.3. Disclaimer read that carefully, then read it again
We warrant that the Service offered is as described above. This warranty is exclusive of any other warranty and particularly that of reaching a certain result. We make no guarantee that the Service will be suitable to You. It is your responsibility to verify that the Service is suitable to You during the Trial Period (defined below).
We strive to provide the best information possible but Our approach is inherently limited by the accuracy, quality and quantity of the sources of data We process, as well as the very limited understanding that any algorithm can form of complex human activities and organizations.
Information provided by Facten might be inaccurate, outdated or misleading. You should never consider information provided by Us as authoritative, instead You should use that information as a first step for further research and validation by some human expert in Your organization.
In the event where Our liability is accepted, Our total liability for compensation will correspond to only direct, personal and certain harm and, in any event, shall not exceed the amount of sums effectively paid by You to Us.
You warrant and hold Us harmless against any damage of whatsoever nature, any claim or legal action by a third party relating to the use of the Service, including by Your own employees and potential customers. In this connection, You will indemnify Us for judgments of any kind, as well as for penalties, damages and reasonable lawyer fees and court costs.
While You use the Service, your account will be in one of the following 4 states:
3.1. Free Trial use it wisely
You can try the Service for free.
This Free Trial is meant for You to verify the fitness of the Service to Your particular needs. The quality of the Service that We will provide to You then is the same that We will provide to You should you decide to move to the Active state by subscribing to the Service. However use of the Service will be limited in quantity. We reserve the right to interrupt the trial when We believe that You have been able to get a good vision of the Service.
It is your responsibility to take advantage of this Free Trial to fully and completely inform yourself of all limitations of the Service with respect to your particular use cases. By deciding to pay to subscribe to use the Service, You acknowledge that the Service is completely acceptable to You.
To fully use the Service (and not be restricted by the quantitative limitations of the Free Trial), a paying subscription (by credit card or wire transfer) is required before you use the Service. When You enter credit card details, You agree that we will charge your card monthly or annually until your account is Terminated.
There are several levels of Service. We propose these different plans so that You can choose the best level of Service in terms of size of team, quantity, nature and depth of information and other features. These different plans correspond to different recurring prices and are described below. We reserve the right to change details or plan of these plans without notice. If Your account is active for a plan that we decide to remove or for which we would reduce any feature, We would give you a minimum of 30 days to decide to change to another plan or discontinue using the Service.
You can change your Plan at any time. In particular you can upgrade or downgrade at any moment. We offer monthly and yearly plans. When you change to a new plan Your card will immediately be charged for the amount of the new plan. There will be no partial refund for the remaining part of your old plan. Upfront payments are due at the begining of each period.
If a payment is required but We cannot charge You (for example if you have not entered credit card information or if the charge was rejected for any reason) then Your account will become Inactive.
You will not be able to use the Service.
If you wish to continue using the Service, it is then Your obligation to contact Us and to remedy the situation by providing a valid credit card. If not, We may Terminate your account after or change your account to the Free Trial plan after 10 days.
3.4. Terminated you can leave whenever you want
When Your account is Terminated, you may no longer use the Service. If termination occurs with a payment period we will not refund you for the remaining days.
When Your account is Terminated, all data in Your account (in particular, all data that You might have manually entered or generated using the Service) will be permanently deleted from Our servers. At any point when Your account is Active, You can download an electronic archive of Your data. It is your responsibility to test this procedure beforehand and to download your data before Your account is Terminated.
You may terminate your account at any moment and for any reason.
Conversely, We may terminate your account:
- Immediately, without notice and without formalities: in the event of material or renewed breach of the contractual provisions
- After 30 days: in the event that We update these Terms of Service and/or the terms of the plan in which your account is currently active and You do not accept the changes we propose. In that case, You must immediately notify us by email. You may then continue to use the Service using the plan and the version of the Terms of Service that You initially accepted and We may, as of right and without formalities, terminate your account 30 days after the publication of the updated Terms of Service. By not notifying Us that you do not accept the updated Terms of Service and/or terms of the new plan and by continuing to use the Service you agree to be bound by the updated Terms of Service and/or the new plan.
In order to populate your Facten account with contacts, you will need to buy and spend credits. In order to maintain these contacts in your Facten account, you will need to subscribe to a paying plan.
4.1. Credits to add new contacts
There are contacts you already know, outside of Facten. From any given list of emails, you can test how many contacts can be reconciled with the entire Facten database, how many are already in your account and how many could be added to your account. Adding one such contact will cost one "upload credit".
There are contacts you would like to obtain from Facten. From any keyword, you can test how many contacts there are, in the entire Facten database, whose publications match your search. Adding one such contact will cost one "contact credit".
Once bought, credits are valid for 6 months after which we reserve the right to expire them without notice.
When you buy credits we strongly suggest you also subscribe to paying plan big enough to maintain them. If not, your contacts will be added to your Facten account only temporarily. You will only be able to download them once, after which they will be removed from your Facten account. Information about your contacts will become stale. Also, there will be no deduplication with contacts you already know and you are likely to pay multiple times for the same contact.
|Upload Credit||Contact Credit|
|one-time cost (USD, tax not included)||1.00||2.50|
4.2. Plans to maintain your contacts
Users: this is the number of people that can collaborate as a team (see below, "Collaborating as a Team").
Total contacts: this is the total number of contacts that We will maintain for You. If you spend credits after your account is full, then all extra contacts will not be maintained.
Active searches: You can have multiple keyword searches active at the same time. You will be able to get counts against each of your active searches for each of your maintained contacts. More active searches help you get a more complete (multi-dimensional) view of your contacts.
Topics: this is the total number of topics that you can tag your contacts with. More topics helps you get more organized.
Grants: on select plans you will be able to see some grants that have been associated with your contacts. Grants are collected from: National Insitute of Health (US), National Science Fondation (US), European Commission (FP7 and H2020 programs), Swiss National Science Foundation, Academy of Medical Sciences (UK), Action on Hearing Loss, Alzheimer's Society, Arthritis Research, FWF (Austrian Science Fund), Biotechnology and Biological Sciences Research Council (UK), Bloodwise, Breast Cancer Now, British Heart Foundation, Cancer Research UK, Diabetes UK, The Dunhill Medical Trust, European Research Council, Marie Curie Foundation, Medical Research Council (UK), Motor Neurone Disease Association, Multiple Sclerosis Society, Myrovlytis Trust, National Centre for the Replacement, Refinement and Reduction of Animals in Research, Department of Health (UK), Parkinson's UK, Prostate Cancer UK, Telethon, Wellcome Trust, World Health Organization, Worldwide Cancer Research.
Integrations / training: the CORPORATE plan includes up to 8 hours per month of dedicated training or consulting by one of our experts. Consulting can be used to help you integrate Our platform into Your existing Sales and Marketing digital pipeline. For all other plans, limited support will be provided for free by email and integrations are not included. All users can access the knowledge base for free. Extra training, consulting or support can be provided at USD 100.00 per hour.
Cost: you can choose either a monthly or an annual payment schedule. Upfront payments are due at the begining of each period. Tax is not included.
|integrations / training||-||-||-||-|
|monthly cost (upfront, USD, tax not included)||-||99||249||699||1,999|
|annual cost (upfront, USD, tax not included)||-||948||2,388||6,588||17,988|
5. Collaborating as a Team everything is shared
Several individuals in your organization may collaborate and use the Service jointly.
The first individual in Your organization to access the Service will become the Administrator. The Administrator may in turn invite other individuals to join the team. If they accept, these individuals will become Users.
Users may use the Service in exactly the same way that the Administrator. In particular, they see, add, modify or remove all data related to Your potential customers.
However only the Administrator can:
- add/remove Users
- manage subscription/billing
- change plan
The Administrator will serve as the point of contact between You and Us. It is the Administrator’s responsibility to respond to our emails regarding the Service and to police Users, in particular to not allow or immediately remove any problematic User.
We may move the Administrator role to another User:
- immediately, if the current Administrator or a legal representative of Your organization requests us to do so
- after 5 days, if the current Administrator fails to respond to our emails
6. About emails thou shall not spam
As part of Our Service, We automatically extract email addresses of researchers. This is used by our algorithms to disambiguate different mentions of the same researcher. We will let You see emails of specific researchers or download list of emails matching some criteria.
You can use these emails to disambiguate researchers, for example to check if a given researcher is already known to You. Researchers behind these emails have not opted-in to be contacted by email. These emails are part of the scientific publications, We have not validated them in any way. It is your responsibility to comply with all applicable laws and regulations. You must use these emails for your own direct business needs only. We reserve the right to inject “test emails” and monitor Your usage of these emails (these test emails will be valid emails, they will not count against your quota). Any abuse or illegal activity will be cause for immediate termination of your account.
7. Security and technical considerations we work hard to provide the safest service
As any computer system there is a risk that our Service could fail due to some technical defect or even be compromised by criminals.
Exceptionally, the Service might also be unavailable due to maintenance.
To reduce as much as possible the probability of occurrence of negative events, we collaborate with established vendors and follow industry best practices:
- Our Service runs on Google AppEngine infrastructure, which is audited regularly and meets the stringent security certifications SSAE 16 and ISAE 3402 (https://cloud.google.com/appengine)
- All communication between You and Our servers is encrypted using TLS/SSL (aka “https”). Encryption is with a 2048 bits Extended Validation certificate from DigiCERT (https://www.digicert.com)
- Team Administrators and Users are authenticated by their LinkedIn accounts. Anyone who can sign into the LinkedIn account of Your Administrator or any of Your Users will have access to the Service. It is Your responsibility to ensure that Your Administrator and all of Your Users' LinkedIn accounts are secure. LinkedIn account passwords are never processed or stored by our servers. For any question regarding your LinkedIn account and passwords, please contact LinkedIn (https://www.linkedin.com). In the event that only their personal email adress is associated with their LinkedIn profiles, We further request that Administrators and Users register their professnional email address with our platform. We reserve the right to terminate anonymous accounts without notice.
- Critical Credit Card information is never processed or stored by our servers. Instead we rely on an established Tier 1 PCI Certified company, Stripe (https://stripe.com)
You may not use the Service outside of its intended use (as defined above). In particular you may not attempt any action that could be interpreted as malicious or deliberately try to circumvent any security measure. If you notice, or suspect, any malicious activity, or if you have any concern, you must notify us immediately. Conversely, if we detect any malicious activity impacting your account, we will notify you.
8. Data policy your data is your data, we won’t share it, you are responsible for it
Unless required to do so by law, we will not share any information about your interaction with the Service with any third party.
In particular we will not share information about the queries you might have placed, the potential customers you might have viewed or selected or any external data you might have entered using the Service.
Users that have been approved by Your Administrator will be allowed to see, add, edit or delete all Your data.
At any point when your account is Active you can download Your data in the form of a file containing all the profiles of the potential customers You selected when using the Service. These profiles will be in the common VCARD format and will contain full contact information and notes as presented when using the Service. Other data available when using the Service (in particular network and articles) will not be included in this file. It is your responsibility, during the Trial Period, to test this procedure and acquaint Yourself with any limitation beforehand.
When your account is terminated all your data will be permanently removed from our servers.
You are solely responsible for any personal data entered or manipulated using the Service. It is your responsibility to notify the French Data Protection Authority (CNIL) or any applicable local authority and to bring your processing of personal data into conformity your processing with applicable laws. You must not use the Service to process or store personal information in any way that would be abusive or illegal. You must in particular respect applicable laws and industry best practices regarding commercial solicitation by email. Any abusive or illegal use of the Service will be cause for immediate termination.
We are the owner or assignee of all of the intellectual property rights to the software and databases used to provide the Service. These items remain Our sole property. You will not acquire any other right for these items other than those which are expressly granted to You in these Terms of Service which include the right to display, visualize, organize and export information about your potential customers for your direct personal internal business needs.
9. Misc our lawyer told us that...
You may not assign, transfer, delegate or license the rights and obligations under this contract, in whatever form, to any third party, except with Our prior written consent.
On the other hand, We may transfer this contract at any time to a third party of Our choice. If that happens, We will notify the You of such transfer. Moreover, We are authorized to subcontract all or a part of the Service, but We will in any event remain the guarantor of their good performance with respect to You
You authorize Us to use Your name and any distinctive sign as a commercial reference on all kinds of media including but not limited to websites, emails, newsletters, booklets, trade fairs, conferences, etc.
10. Legalese ...and that too
If one or more provisions of these Terms of Service were to be held not to be valid or declared as such pursuant to a law, regulation, or following a final decision of a court of jurisdiction, the other provisions will remain in full force and effect.
These Terms of Service are written in English. The sales and services that they govern are governed by French law. This applies to both the substantive law and the procedural law, whatever the location of access and use of the Service.
In the event of a dispute occurring in connection with these Terms of Service or the sales and services that they govern, whether concerning their interpretation or their performance, and potentially after an attempt to reach a friendly resolution, exclusive jurisdiction is granted to the courts of jurisdiction within the competence of the Court of Appeal of Paris, notwithstanding plurality of defendants or a claim for an indemnity, or even for emergency procedures or precautionary measures, and enforcement procedures.