T&C

1. General information

The Pacomail website and web application are published by Leikir Web, a SAS company with a capital of 1,000 euros, registered in Paris under the number 819 886 128, whose head office is located at 42 rue Monge, 75005 Paris and whose VAT number is FR05 819 886 128. The publishing director is Julien Dussart.

Leikir Web is a software company that provides a solution to capture emails in order to not send them, using a fake SMTP server.

The website pacomail.io and the web application app.pacomail.io are hosted by Scaleway SAS, whose head office is located at 8 rue de la Ville l’Evêque, 75008 Paris.

2. Definitions

Words and phrases beginning with a capital letter have the following meaning, whether used in the singular or plural:

• “Web Application”: means the application software developed by Leikir Web in web version available on app.pacomail.io.
• “T&C”: means these general terms and conditions of use and any documents supplementing them.
• “Personal Account”: means the account created by each User to access the Services.
• “Login credentials” means the email address and password that allow each User to log in to their Personal Account.
• “Software License”: means the agreement entered into as a result of acceptance of these T&C, which authorizes the User to use the Solution under the conditions described herein.
• “Service”: means the service(s) offered by Pacomail via the Web Application, which allows any User to capture emails.
• “Website”: means the Internet site accessible at the address www.pacomail.io, for the Web Application, from the address app.pacomail.io, as well as all of their sub-domains and all of its elements and content (graphic charter, frames, banners, images, web and video animations, source code, etc).
• “Solution” means all the technology developed and Services offered by Pacomail via the Web Application.
• “User” means any person using the Solution to capture email under this Software License.

3. Purpose and acceptance of the T&C

The purpose of the T&C is to define the general conditions of use of the Website and the Web Application.
The use of the Pacomail Solution and the capture of emails are subject to the acceptance of these T&Cs, which constitute the Software License Agreement.
When creating the Personal Account, the User is invited to read and accept the T&C before continuing to use the Solution. The acceptance of the T&C is full, complete, indivisible and without reservation.
Leikir Web reserves the right to adapt or modify at any time the terms of the T&C, the functionalities offered on the Site and on the Application or their operating rules.

4. Presentation of Pacomail’s activity and services

Leikir Web is a software company that provides Users with the Solution to enable Users to capture and edit emails.
The Pacomail Solution is composed of a technology including software and equipment allowing the following services to be offered

• Creation by the User of a Personal Account allowing access to the Service
• Configuration of a fake SMTP server by the User
• Email capture
• Viewing and editing emails
• Creating and viewing emails
• A help center for all questions related to the Services provided by Pacomail

Leikir Web has no control whatsoever over the content of emails captured, created or edited by Users.
Leikir Web cannot guarantee that the Site, the Web Application and the Services offered therein will be accessible at all times and without interruption or breakdown, as access to the latter may, in particular, be suspended for reasons of developmental or corrective maintenance, technical or computer difficulties or circumstances beyond the control of Leikir Web.
Leikir Web does not guarantee that the Site and the Web Application will be free of anomalies, errors or bugs, or that these can be corrected, or that the Site or the Application will be compatible with the User’s equipment or its configuration.

5. Personal account

In order to access all the Services, the User must first create a Personal Account. On this occasion, the User must provide information on the Web Application to identify him/her (name, first name), communicate a valid e-mail address, which will serve as a connection identifier, and choose a connection password (together, the “Identification Elements”).
The User is required to update his Identification Elements and undertakes not to communicate incorrect or false information when creating or updating his Personal Account.
The Connection Identifiers are specific to the User and reserved for his personal use. Consequently, the User undertakes not to communicate the Connection Identifiers to a third party. In any event, any act performed with the User’s Login Credentials will be considered to have been performed by the User and under his responsibility. The User therefore acknowledges that he/she is fully responsible for the use of his/her Login Information or Personal Account.
In the event of unauthorized use of a User’s Login Information or Personal Account by a third party, Leikir Web shall in no way be held liable to the User concerned and the latter must inform Leikir Web of this situation without delay by e-mail to: hello@pacomail.io.
The User may request the deletion of his Personal Account at any time by sending a request to this effect by e-mail to the Pacomail customer service at hello@pacomail.io. The effective deletion of the Personal Account leads to the destruction of all emails saved by Pacomail.

6. Software License Agreement / Terms of Use of the Solution

As part of the launch phase of its Solution, Leikir Web has decided to grant User Licenses for the Software free of charge.
Thus, this License to Use the Software is granted free of charge, personal, non-transferable and non-exclusive, for a period of one year renewable by tacit agreement, throughout the world, and only for the internal needs of the User.
All emails captured, created or edited by User under the Software License are and remain User’s. They may be used / exploited by the User during the entire duration of the Software License, and provided that the use of emails is in accordance with these T&C.
The User shall not use the Solution other than in accordance with its documentation and these T&C. The User may not reproduce, translate or modify the Software and its documentation, in whole or in part. In view of the strictly personal nature of this License, the User may not assign or transfer to a third party, even free of charge, all or part of the rights it holds under this License.
The User is also prohibited from directly or indirectly :

• allow any third party (whether by license agreement or otherwise) to use, reproduce or modify the Solution;
• use the Solution to develop or permit the development of works derived from all or part of the elements comprising the Solution.

Leikir Web does not grant any warranty hereunder, the Software being provided as is on the date of acceptance of these T&C.
Leikir Web declares that it has all the necessary rights to grant the right of use that is the subject of this document.
Maintenance: Leikir Web does not undertake any curative or evolutionary maintenance under the present license granted free of charge.

7. Obligations of the User – Guarantees

User warrants that he/she has sufficient rights (including copyright) to the content he/she uses to capture, create or edit emails. The user guarantees Leikir Web against any recourse resulting from the use of the above-mentioned content.

The User undertakes not to use the Solution and the Services offered therein for illegal or fraudulent purposes or in a manner that contravenes public order or good morals or that is prejudicial in any way whatsoever to Leikir Web or to any third party. The User must also refrain from any act of piracy in any form.

In the event of a breach by the User of any of the stipulations of the T&C, Leikir Web reserves the right to proceed with the deletion of the User’s Personal Account, unilaterally and without compensation, after sending a formal notice to the User at the email address provided in the User’s Personal Account, which has remained unsuccessful for a period of forty-eight (48) hours from the date of sending.

The User expressly authorizes Leikir Web to keep the captured, created and edited emails without any time limit.

8. Responsibility of Leikir Web – Limitations

Leikir Web is only bound by an obligation of means in the context of the Services it provides.
As part of this obligation of means, it undertakes to keep confidential the information contained in the emails and to make its employees and agents who may have access to the emails subscribe to such an undertaking.
In any event, Leikir Web’s liability is expressly limited to the amount paid by the User under the License.
In no event shall Leikir Web be liable for any unforeseeable, indirect or consequential damages such as, but not limited to, loss of profits, loss of revenue, loss of business opportunities, loss or damage to brand or reputation, etc.
In the same way, Leikir Web cannot be held responsible for (i) a total or partial impossibility to access the Web Application or to use the Services offered therein due to an electronic communications operator and/or access provider, (ii) a fault or negligence on the part of the User or an incompatibility of the equipment used by the User or its configuration with the Site or the Web Application or the Services offered, (iii) by a third party or third party software, or (iv) an event of force majeure, including the interruption of the means of telecommunications for any reason whatsoever.

9. Personal data

The personal data communicated by the User in order to use the Solution allows Leikir Web to manage the relationship with the User, to provide the proposed Services, and to send commercial offers to the User if necessary. The data required by Leikir Web are first and last name, e-mail address, organization, role within the organization and number of employees. If these mandatory data are not mentioned, the Personal Account cannot be created.
Leikir Web is the controller of the data collected on the Web Application.
The recipients of the data are Leikir Web and its subcontractors. The User expressly accepts that his or her personal data may be stored, processed and transferred by Leikir Web to its subcontractors, including in other countries of the European Union, who may only access this personal data for the purposes of providing the Services and in compliance with the legal and regulatory provisions in force.
In accordance with Article L. 223-2 of the French Consumer Code, the User is informed that if he or she does not wish to be the subject of commercial prospecting by telephone, he or she may register on the telephone canvassing opposition list, available at the address www.bloctel.gouv.fr.
In accordance with Law No. 78-17 on information technology, files and freedoms of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, the User has the right to access, rectify, modify, object to, delete, erase, limit the processing of, and port personal data concerning him or her, as well as the right to define directives concerning the fate of his or her personal data after death. The User may exercise this right by sending a letter to the Leikir Web customer service department at 42 rue Monge, 75005 Paris, France, or a request by e-mail to hello@pacomail.io. Any such request is free of charge, does not have to be justified and may be made at any time, including after the collection of the User’s personal data. However, it must be signed, accompanied by a photocopy of the User’s identity card bearing his or her signature, and specify the address to which the reply must be sent. A reply will be sent to the User within two months of receiving the request.

Personal data communicated by the User when using the Website or the Web Application are kept by Leikir Web for no longer than is necessary for the purposes for which they are processed, and in accordance with the legal and regulatory provisions in force. At the end of this period, all personal data provided by the User will be automatically deleted.

When consulting the Site, information relating to the User’s navigation may be recorded in cookie files installed on the User’s computer or mobile terminal, subject to the choices expressed by the User, which may be modified at any time. For more information on the type of cookies used on the Site, the purpose of each of them and the means of opposing and configuring these cookies, the User is invited to consult the Privacy Policy page on the Site, by clicking on the “Privacy Policy” link.

10. Intellectual Property

Leikir Web is the exclusive holder of the intellectual property rights relating to the Site, the Web Application and their content (graphic charter, texts, illustrations, videos and images, whether visual or sound, databases, brands, logos, domain names, etc.).
Any representation, reproduction, modification, adaptation, translation, publication, or exploitation of all or part of the Site or the Web Application or of the elements or data that make it up is formally prohibited without the prior written consent of Leikir Web.
The use of hypertext links and/or hyperlinks pointing to the Site is authorized by Leikir Web provided that it is done for the sole purpose of promoting Pacomail and provided that the integrity of the Site is preserved and that no risk of confusion between the Site and sites published by third parties can be observed. Any other use is prohibited without the prior written consent of Leikir Web.
In particular, Leikir Web formally prohibits any User from using techniques known as “framing”, “inline linking” and “deep-linking” involving the unauthorized slavish reproduction of the content of the Site and its integration on web pages published by third parties.

11. Applicable Law – Competent Jurisdiction

The present T&C are governed, interpreted and submitted to the French law.
Any dispute relating to the T&C or to the Services offered and/or subscribed via the Web Application that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the French courts.
The original version of these T&C was written in French before being translated into other languages if necessary. These translations are provided as a courtesy and for information purposes only. In the event of a dispute over the content or interpretation of the T&C or in the event of inconsistency or difference between the French version and a translated version, the French version shall prevail and be binding unless otherwise provided by national law.

12. Miscellaneous provisions

12.1 Partial Invalidity

If one or more provisions of the T&C are considered invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other provisions of the T&C will keep all their force and their scope.
Leikir Web shall replace the invalidated provision(s) with a provision having an equivalent economic effect.

12.2 Non-waiver

The fact that Leikir Web does not avail itself at a given time of one of the stipulations of the T&C shall in no way be considered as a waiver on its part of any of the stipulations of the T&C at a later date.

12.3 Electronic exchanges

By using the Website and/or the Web Application, the User accepts that communications and exchanges with Leikir Web and the contractual documents are carried out in electronic format and sent by electronic means. The “OK” button associated with the double-click, authentication and non-repudiation procedure also constitutes a valid electronic signature.