Terms of Service

English translation of the French Conditions générales d’utilisation. Both versions have the same content; in case of discrepancy, the French version prevails.

These terms of service govern the jenvoie services and the relationship between Gravity5, a simplified joint-stock company (société par actions simplifiée) with variable share capital of 150 euros, registered with the Créteil Trade and Companies Register under number 931 799 860, with its registered office at 6bis, rue Jean Mermoz - 94450 LIMEIL-BRÉVANNES, France, represented by Mr Yohann MEPA in his capacity as President, duly authorised for the purposes hereof (hereinafter “Gravity5”), and the business that uses the Services, whether it created an account on https://jenvoie.fr, installed the jenvoie app for Shopify or approved a dedicated quote (the “Client”), for the provision by Gravity5 to the Client of the Services described below and, where applicable, in the corresponding quote (the “Quote”).

These terms of service are accepted fully and in their entirety, as the case may be: (i) by ticking the box provided for this purpose when creating an account on jenvoie.fr; (ii) by ticking the box and clicking the confirmation button shown when the Client first opens the jenvoie app in its Shopify admin, before any use of the app; or (iii) by the Client’s approval of the Quote, which mentions this acceptance. In each case, these terms can be read through a hyperlink before they are accepted. Gravity5 keeps a record of the acceptance (account identifier or Shopify store domain, date and time, version accepted), which constitutes an electronic signature within the meaning of articles 1366 and 1367 of the French Civil Code.

The Services are intended exclusively for businesses. By accepting these terms, the Client declares that it acts for the purposes of its business and, if it accepts on behalf of a company, that it is authorised to bind it.

These terms, the Privacy Policy, the Data Processing Agreement (DPA), the acceptable use policy (its essential rules are in Sections 7.6 to 7.8) and, where applicable, the Quote together form the “Contract”.

Gravity5 and the Client are hereinafter collectively referred to as the “Parties” and individually as a “Party”.

1. Purpose

The Contract governs (i) the Client’s access to the service for creating promotional games (e.g. lotteries, contests…) (an “Operation”); (ii) the Client’s access to the email service for managing contacts and sending them emails, in particular newsletters and automated sequences, from sending domains (a “Campaign”); (iii) the use of the jenvoie product (https://jenvoie.fr), including the jenvoie app for Shopify, published by Gravity5 (“jenvoie”); and (iv) all the services offered by Gravity5 through https://jenvoie.fr (together, the “Services”), according to the Services the Client has subscribed to, as set out in the subscription plan chosen or in a corresponding quote.

The Services may be accessed directly through the jenvoie platform or through third-party solutions allowing their integration into digital environments operated by the Client, in particular e-commerce platforms or partner technical solutions.

2. Use of the Services

2.1. Authorised users – Access to jenvoie

This access right is strictly personal and requires prior identification (Google account, email address with a login code or password or, for the jenvoie app for Shopify, the Client’s Shopify admin session).

The Client undertakes to promptly inform Gravity5 of any unauthorised access, actual or suspected, to a login, a password and/or jenvoie. Any action carried out through a login assigned to the Client or to one of its users will be deemed to have been carried out by the Client, unless it has previously reported the login concerned as lost or stolen, thereby giving Gravity5 a reasonable time to deactivate that login.

2.2. Content

Gravity5 is authorised to use all the elements provided by the Client (such as graphics, drawings, texts, sounds, animated or still images), trademarks, distinctive signs and commercial documents whose intellectual property rights belong to the Client (hereinafter together or separately the “Content”), where necessary to perform its obligations under the Contract. In this context, Gravity5 undertakes to follow any guidelines communicated to it before its use of the Content.

The Client warrants that it fully holds all the rights and authorisations relating to the Content it provides to Gravity5. Accordingly, the Client indemnifies and holds Gravity5 harmless against any damage, judgment, fees or costs relating to any request, action and/or claim brought against Gravity5 and based on the Client’s infringement of any third-party right.

Likewise, the Client warrants that the Content is not unlawful, threatening, humiliating, defamatory, obscene, hateful, pornographic or blasphemous, and contains no other message that could constitute a criminal offence, give rise to civil liability, breach the law or incite to do so, nor any content that could be used for any purpose contrary to the law or to the Contract.

2.3. Operations

• The Client alone determines the implementation conditions of each operation when using jenvoie on its own. As the purpose of the service is to handle the technical aspects of the operations, the Client acknowledges and accepts that it is solely responsible for the use of content within the operation, for the messages published as part of the operation, for the prizes offered to the winners and for whether or not a bailiff is involved.

Or

• The Client chooses the agency mode for an operation, under the specific conditions of the corresponding Quote. Gravity5 manages the implementation and the operating rules of the game(s) determined beforehand by the Client. At its request and beforehand, the Client may be assisted by a bailiff to settle disputes relating to the games if it deems it necessary.

The Client remains solely responsible for the choice of using a judicial officer (commissaire de justice) or not, and for deciding whether to use the timestamping or traceability features offered by Gravity5. These features are technical tools that help provide evidence; they do not exempt the Client from complying with the regulations applicable to the Operation.

2.4. Widgets and embeddable components

As part of the Services, Gravity5 may provide the Client with widgets or technical components intended to be embedded in the digital media operated by the Client or by its technical providers.

These widgets make it possible, in particular, to display interactive elements relating to the Operations created by the Client.

2.5. How the Widgets work

The interactive devices offered by Gravity5, in particular the promotional animation widgets, may work according to a mechanism in which the result of an entry is determined by the Client’s settings before the animation intended for the user is displayed.

The graphic display or animation shown to the user only serves to reveal the previously determined result and plays no part in determining the prize.

The operating parameters, in particular the odds of winning, the conditions of participation and the rewards offered, are defined by the Client, who remains responsible for their compliance with the applicable regulations.

The promotional animation Services may allow the Client to offer participants operations based on a prediction mechanism relating to an event, a situation, a result or any other element, real or fictitious, determined by the Client.

The Client alone defines the subject of the prediction, the conditions of participation, the criteria for determining the answer accepted as correct, the way the winners are designated and any rewards granted.

Where the result of the prediction is not determined automatically by the features offered by Gravity5, the Client remains solely responsible for determining and validating it and, where applicable, for handling participants’ complaints or disputes.

Gravity5 acts exclusively as a technical provider making available the features needed to create, administer and run these operations. Gravity5 takes no part in determining the result, in interpreting it or in settling any dispute that may arise between the Client and the participants.

2.6. Contest rules

The templates of rules, information notices and privacy policies that Gravity5 may make available are provided as drafting aids.

These templates are generic and do not take into account the specific features of each Operation, of each business sector or the regulatory constraints specific to the Client.

It is the Client’s responsibility to check that the proposed documents suit its needs, to complete and adapt them, and to make sure they comply with the applicable regulations before any publication or use.

Gravity5 does not provide any legal advice.

2.7. Use through third-party platforms

Some Services may be offered or integrated through third-party platforms or technical solutions.

In this context, using the Services may require connecting the Client’s account to a third-party technical environment or installing a module, an application or a component provided by Gravity5.

The Client acknowledges that the use of these third-party platforms may be subject to the terms, rules of use and policies of the operators concerned.

Gravity5 cannot be held responsible for changes, restrictions, suspensions or removals decided by these third-party platforms independently of its will.

The Client remains responsible for its use of the Services and for complying with the conditions applicable to the platforms on which it chooses to integrate them.

2.8. The jenvoie app for Shopify

The Client installs the jenvoie app for Shopify from the Shopify App Store. The app connects to the Client’s store through Shopify’s official interfaces, with only the permissions the Client approves at installation. Games are displayed on the store through the app’s theme app extension, which the Client enables itself from the theme editor and which does not modify its theme code.

When the Client enables it, a prize won can take the form of a unique Shopify discount code, created in the Client’s store at the moment of the win. The Client sets the terms of the discount (value, validity period, conditions of use) and undertakes to honour the codes issued by its Operations. If the code cannot be created, the prize is shown as the Client configured it, without a unique code.

Shopify is not a party to the Contract and is not responsible for the jenvoie app or its support. Billing, termination and data specific to the app are covered by Sections 5.2, 13.4 and 11.4.

2.9. AI assistants and automatic translation

jenvoie can be operated by artificial intelligence assistants through the Model Context Protocol (MCP) or the API, with access credentials that the Client creates and can revoke at any time. Any action carried out with these credentials is deemed carried out by the Client and on its instructions; the Client is responsible for the assistants it connects and for what they create or send on its behalf.

The game editor offers an optional automatic translation of game texts. When the Client uses it, only the texts of the game (never the data of participants or contacts) are sent to Gravity5’s artificial intelligence provider, OpenAI, solely to produce the translation.

3. Blockchain and evidence of the operations

3.1. Use of the blockchain

As part of the service, Gravity5 may offer the Client a mechanism for timestamping and recording certain data relating to the Operations by means of a blockchain-type distributed ledger technology.

Depending on the features subscribed to by the Client, the data concerned may include the rules of the Operation, certain information about how it was conducted, the parameters of the draw, the entries or any other data useful for the traceability of the Operation.

The purpose of this feature is to strengthen the traceability, integrity and anteriority of the recorded data. Recording on a blockchain makes it possible, in particular, to keep a timestamped digital fingerprint of the data concerned and to make any later modification easier to detect.

The Client acknowledges that the use of the blockchain does not guarantee that the Operation complies with the law, does not guarantee the absence of disputes, fraud or manipulation by third parties and does not replace the duties or prerogatives of a judicial officer (commissaire de justice).

Gravity5 does not guarantee the availability or continuous operation of the blockchain used, which depend in particular on networks and infrastructures operated by third parties.

3.2. Internal control of the blockchain features

In order to maintain the reliability of the blockchain features offered as part of the services, Gravity5 carries out an internal audit of its technical system at least once (1) a year.

The purpose of this internal audit is in particular to check that the timestamping and recording mechanisms used work properly and that the processes implemented are consistent, and to identify any anomalies, vulnerabilities or areas for improvement likely to affect the traceability or integrity of the recorded data.

Gravity5 keeps documentation of these internal audits and of any corrective measures implemented when they are deemed necessary.

The Client acknowledges that this internal audit is a control measure intended to improve the quality and reliability of the Services. It is neither a certification nor a guarantee of the absence of defects, vulnerabilities, errors or interruptions.

4. Term of the Contract

The Contract comes into force when the Client accepts it as provided in the preamble. It is entered into for an indefinite term, for as long as the Client’s account is active or the jenvoie app for Shopify is installed on its store. Paid subscriptions are taken out for the period chosen by the Client (monthly or yearly) and renew automatically for identical periods, unless terminated as provided in Section 13.4.

Where the Services are provided under a Quote, the Contract comes into force when signed by all the Parties, for the Contractual Period defined in the corresponding Quote.

5. Fees and payment terms

5.1. Subscriptions taken out on jenvoie.fr

Subscription prices are shown in euros, excluding taxes, on the pricing page of jenvoie.fr; the applicable VAT is added at the current rate. Payment is made by card or SEPA direct debit through the payment provider Stripe; Gravity5 does not keep any bank details. A free plan, limited in volume or features, may be offered.

5.2. The jenvoie app for Shopify: billing by Shopify

Services used through the jenvoie app for Shopify are billed exclusively through Shopify (Shopify Billing), in US dollars (USD). The plans, their prices and their limits are shown in the app before any subscription; the Client approves each subscription or charge in its Shopify admin and the amounts appear on its Shopify invoice. Collection, invoicing and the taxes charged on these amounts are handled by Shopify under its own terms; Gravity5 receives no payment details from the Client. The third paragraph of Section 5.3 does not apply to amounts billed by Shopify.

5.3. Services under a Quote and late payment

The sums due by the Client for the Services and the related payment terms are specified in the corresponding Quote.

Invoices are issued monthly and are payable in euros within the maximum period stated on the invoice and by the payment method defined in the Quote. The Client is solely responsible for paying all the sums due for the Services.

Failing full payment within this period: (i) any unpaid sum will automatically bear interest on a daily basis until the date of its full payment of principal, interest, fees and incidental costs, at a rate equal to three (3) times the French statutory interest rate in force, without any prior formality and without prejudice to any damages that Gravity5 reserves the right to claim in court; (ii) Gravity5 reserves the right, at its sole discretion and with or without notice, to suspend the performance of all or part of the current or future Services until full payment of the sums due; (iii) all costs incurred by Gravity5 to recover the sums due will be borne by the Client, including bailiff’s fees, legal costs and attorney’s fees, such costs being in any event no less than the fixed recovery indemnity of forty (40) euros provided for by article L. 441-10 of the French Commercial Code; and (iv) all the sums remaining due to Gravity5 by the Client under the Contract become immediately payable.

The previous paragraph also applies to subscriptions taken out on jenvoie.fr (Section 5.1), the payment deadline then being the subscription’s due date.

5.4. Price changes, renewal and refunds

Gravity5 may change its prices with at least thirty (30) days’ notice; new prices apply from the next renewal and, for the jenvoie app for Shopify, only once the Client approves them in Shopify. If the Client disagrees, it may terminate before they apply. Sums paid for the current period are neither refunded nor prorated on termination, unless the law or Shopify’s rules require otherwise.

5.5. Limits of the plan

When the Client reaches a limit of its plan (in particular the monthly email volume), Gravity5 may stop new sends or the creation of new Operations until the next period or until the Client upgrades. Reaching a limit never causes the Client’s Content to be deleted.

6. Licence to use jenvoie

Gravity5 grants the Client a personal, non-exclusive, non-transferable and non-assignable right, worldwide or, where applicable, for the territory specified in the Quote, and for the term of the Contract, to use jenvoie for its internal needs under the conditions and within the limits specified in the Contract.

As part of its right to use jenvoie, the Client undertakes without reservation not to:

• copy the jenvoie application service or elements of jenvoie, in any way whatsoever;
• analyse, or have a third party analyse, in the sense of observing, studying and testing, the operation of jenvoie in order to determine the ideas and principles underlying the elements of the program when jenvoie performs loading, display, execution, transmission or storage operations;
• decompile or disassemble jenvoie, reverse-engineer it, create derivative works from jenvoie or attempt to discover or reconstruct the source code, the underlying ideas, the algorithms, the file formats or the programming or interoperability interfaces of jenvoie, except within the limits of the right granted by article L. 122-6-1 of the French Intellectual Property Code, in any manner whatsoever. Should the Client wish to obtain the information needed to make jenvoie interoperable with other software, the Client undertakes to request this information from Gravity5, which may provide it subject to the Client paying the associated costs;
• modify, improve or translate jenvoie, including to correct bugs and errors, Gravity5 exclusively reserving this right in accordance with article L. 122-6-1 I 2° of the French Intellectual Property Code;
• provide third parties with services, free of charge or for a fee, based on jenvoie. In particular, the Client shall not run advertising campaigns on behalf of a third party; and/or integrate, process, use and/or segment a third party’s data; and/or grant full or partial access to jenvoie, in particular as a service bureau, ASP, PaaS or SaaS;
• transfer, rent, sub-license, assign, pledge or transfer all or part of the ownership of jenvoie in any manner whatsoever.

jenvoie may include third-party software, which the Client will use only in connection with jenvoie and never in any other way without Gravity5’s prior written consent.

7. Client’s commitments

7.1. Lawfulness of the Operations

The Client declares and warrants that the Operations will be run in accordance with the applicable legislation and, in particular, that they (i) will not breach the rules applicable to consumer protection and sales promotion, (ii) will not infringe third parties’ rights; and (iii) cannot be considered a game of chance.

Accordingly, the Client indemnifies Gravity5 against any action, claim and/or demand based on the unlawfulness, in whole or in part, of one or more Operation(s).

The Client warrants that the prediction operations it organises comply with all the laws and regulations applicable in the territories where they are offered.

The Client also warrants that the events, situations, results or elements on which the prediction operations are based do not infringe public order, third parties’ rights, intellectual property rights, personality rights or any applicable law or regulation.

The Client undertakes not to use the Services to organise activities subject to a specific legal authorisation regime, in particular gambling, betting with a financial stake or any other regulated activity, unless it holds all the required authorisations and assumes sole responsibility for them.

7.2. Use of Robots

The Client undertakes, for whatever reason, not to use any Robot in connection with jenvoie.

A “Robot” means any software tool (such as Loadrunner, Winrunner, Silk Performer, Rational Robot, QALoad and WebLOAD) designed to automatically emulate the actions of a human user, used for data entry, data migration, load testing, performance testing, performance monitoring, performance measurement and/or “stress tests”.

The Client indemnifies and holds Gravity5 harmless against all damages, losses, actions, expenses, judgments or costs (including any compensation granted to a third party, in particular to Gravity5’s customers) relating to an unavailability, a production incident or any other technical difficulty occurring at a time when the Client is using a Robot.

Using the API and the MCP server provided by Gravity5 within normal usage limits, including through an artificial intelligence assistant connected by the Client (Section 2.9), is not considered use of a Robot.

7.3. Proper performance of the Contract

The Client undertakes to:

• cooperate in good faith to facilitate Gravity5’s work, in particular by communicating all relevant or requested information within a time frame that allows Gravity5 to fulfil its obligations;
• provide Gravity5, at its request, with all information and other elements required for the provision of the Services. In addition, where necessary, give it access to its premises and the means needed to provide the Services, to a reasonable extent (workstation, telecommunication means, etc.);
• assist Gravity5 in providing the Services, through its qualified and competent staff;
• back up all its data before any intervention by Gravity5 and whenever it deems necessary. Gravity5 can in no event be held responsible for a loss of data suffered by the Client if the Client mishandled the tool (deletion of an operation, reset, etc.);
• comply with the applicable legislation in conducting its business (in particular regarding the content it publishes and/or distributes) and in particular with French law no. 2004-575 of 21 June 2004 on confidence in the digital economy.

7.4. Client’s responsibility for promotional operations

The Client acknowledges that it acts as the organiser of the promotional operations it creates or distributes by means of the Services.

As such, it remains solely responsible for:

• defining the rules of participation;
• choosing the game or animation mechanisms used;
• the prizes offered;
• the conditions for awarding prizes;
• writing and publishing the information intended for participants;
• complying with the applicable legal and regulatory obligations.

Gravity5 only provides a technical solution for creating, configuring and distributing promotional operations.

The Services may allow the creation of operations based on prediction mechanics, in which participants are invited to answer a question or to anticipate the result of a given event.

The Client remains solely responsible for the choice of the events offered, the applicable rules, the way answers are validated and any associated rewards.

The Client undertakes not to use the Services to organise activities subject to a specific authorisation regime, in particular operations that could be considered paid betting or gambling, unless it holds the necessary authorisations.

7.5. Control of operations and reports

Gravity5 reserves the right to carry out a posteriori checks of content, promotional operations or uses of the Services, in particular in case of a report, suspected non-compliant use of the Services, breach of these terms, infringement of third parties’ rights or non-compliance with the applicable laws and regulations.

The sole purpose of these checks is to verify compliance with the terms of use of the Services; they are neither a prior validation nor a systematic review of the legal compliance of the operations created by the Client.

If non-compliance is found, Gravity5 may ask the Client to modify or withdraw the operation concerned and, where necessary or urgent, temporarily suspend access to the Services concerned in accordance with the Contract.

7.6. Sending emails: recipients’ consent

The Client is solely responsible for the Campaigns it sends by means of the Services. Accordingly, it undertakes to:

• send marketing emails only to persons who have given their free, specific, informed and unambiguous consent or, for business contacts approached on a subject related to their position, in compliance with article L. 34-5 of the French Postal and Electronic Communications Code and with the rules applicable in the recipient’s country;
• for participants in its Operations, add to its mailing lists only those who ticked the game’s marketing consent box, which is never pre-ticked; participants who did not consent only receive the messages strictly related to their participation (result, prize, certificate);
• keep proof of each recipient’s consent (date, source, method) and not import lists that were bought, rented, exchanged, collected from websites or obtained without valid consent;
• clearly identify its business as the sender of each email and include the information required by law;
• inform its recipients of the measurement of email opens and of their right to object to it (Section 7.7).

Every Campaign email contains a working unsubscribe link. Unsubscribed addresses, addresses that reported an email as spam and permanently bouncing addresses are automatically excluded from all the Client’s subsequent sends and never receive its emails again.

The Client indemnifies Gravity5 against any claim, complaint, action, fine or judgment resulting from a breach of this Section.

7.7. Open tracking

Emails sent by means of the Services contain tracked links and, unless the recipient objects, an individual open-tracking pixel, so that the Client can measure its Campaigns. Every email that contains this pixel includes a link allowing the recipient to refuse open tracking; after such refusal, the emails sent to them no longer contain a pixel. Automated opens (mailbox prefetching, security scanners) are detected and excluded from statistics. Informing recipients of this measurement is the Client’s responsibility.

7.8. Acceptable use, sending reputation and suspension of sends

The Client complies with the acceptable use policy, which forms part of the Contract. The Client is invited to authenticate its sending domains (SPF, DKIM, DMARC) before sending; Gravity5 may refuse or block sends from a domain whose authentication is not compliant. Abuse can be reported to abuse@jenvoie.fr.

The deliverability of all customers depends on the reputation of Gravity5’s sending servers. To preserve it, Gravity5 may, without incurring any liability: space out, slow down or spread sends (in particular through a minimum interval of three (3) days between two marketing emails sent to the same person and a gradual increase of volumes); automatically pause a Campaign whose bounce or complaint rate is abnormally high (as a guide, more than 5% bounces or more than 0.3% complaints after one hundred (100) sends); and suspend all or part of the Client’s sends in case of lasting excess of the quality thresholds, suspected unsolicited sending, a request from an authority or a risk to the sending reputation. Gravity5 informs the Client of the measure taken and its reason and allows it to remedy the situation.

8. Intellectual property

Rights attached to jenvoie

The Client acknowledges that jenvoie, including all fixes, workarounds, updates, upgrades, improvements and modifications made available to the Client, as well as all trade secrets, copyrights, patents, trademarks, trade names and other intellectual property rights, remain at all times the full and exclusive property of Gravity5, and that no provision of the Contract may be interpreted as a transfer of any of these rights to the Client.

Any idea, know-how or technique that may have been developed by Gravity5 is the exclusive property of Gravity5. Gravity5 may, at its sole discretion, develop, use, market and license any element similar to or related to the developments made by Gravity5 for the Client. Gravity5 has no obligation to disclose any idea, know-how or technique it may have developed and that it considers confidential and its property.

For graphic design services, the Client may obtain the source graphic files used to produce them, Gravity5 agreeing to assign the rights to them. The Client will then be entitled to reuse them without Gravity5’s prior consent.

9. Warranty against eviction

Gravity5 declares that it holds all the intellectual property rights relating to jenvoie and that jenvoie does not infringe any third-party right, in particular that it is not a counterfeit of a pre-existing work.

Consequently, Gravity5 indemnifies the Client against any action, claim, demand or opposition by any person invoking an intellectual property right or an act of unfair competition and/or free-riding in France, provided that the Client notifies Gravity5 of such action.

Gravity5 alone will be entitled to control any defence and/or settlement in connection with such action.

10. Liability

Unless expressly stipulated otherwise, Gravity5’s obligations under the Contract are obligations of means (best efforts).

Gravity5 can only be held liable for direct and foreseeable damage within the meaning of articles 1231-3 and 1231-4 of the French Civil Code caused by a breach by Gravity5 of its obligations under the Contract.

The Parties expressly agree that Gravity5 cannot be held liable for any lost profit; destruction or alteration of files or data; loss of revenue or profit; loss of customers; loss of opportunity; loss of image or reputation; any cost of obtaining a substitute product, software, service or technology; or any technical difficulty in routing a message over the internet.

Some features offered by Gravity5 may include a random mechanism for determining results, in particular for awarding prizes or rewards.

The Client acknowledges that the parameters determining this randomness are configured according to its choices and that it is up to the Client to check that the operation implemented complies with the applicable regulations.

Gravity5 does not guarantee the legal qualification of the operation created by the Client, each operation depending on the terms chosen by the Client.

Gravity5 guarantees neither the accuracy of the events, situations or results chosen by the Client for prediction operations, nor the relevance of the resolution criteria it defines.

Any dispute relating to the resolution of a prediction, the awarding of a prize or the application of the rules defined by the Client is the exclusive responsibility of the Client.

Nor can Gravity5 be held liable for the content of the Client’s emails, the lack of consent of its recipients, the filtering, delays or rejections decided by recipients’ mailbox providers, deliverability problems resulting from the Client’s practices, the honouring of discount codes issued in the Client’s store, or the unavailability or changes of Shopify, of blockchain networks or of other third-party services.

Gravity5 will in no event be liable for damage resulting from the Client’s failure to comply with its obligations.

11. Personal data

11.1. Processing of Client Data

Gravity5 processes the data communicated by the Client (the “Client Data”) on the Client’s behalf in order to provide it with the Services. In performing the Contract, the Client undertakes to:

• include in the Client Data only information strictly necessary for the proper performance of the Services by Gravity5 and for the Client’s conduct of its promotional game operations and Campaigns;
• document in writing any instruction concerning the processing of Client Data by Gravity5;
• comply with French law no. 78-17, the GDPR, the LCEN and more generally the regulations applicable in all the countries where the Client runs promotional game operations and Campaigns;
• supervise the processing of Client Data, including by carrying out audits under terms defined in advance.

It is the Client’s responsibility to provide all relevant information to the data subjects at the time their data is collected.

11.2. Gravity5’s commitments

Gravity5 undertakes to take and maintain all appropriate measures, in particular appropriate technical and organisational measures, to preserve the security and confidentiality of the personal data entrusted to it by the Client for the provision of the Services, in order to prevent such data from being distorted, altered, damaged or disclosed, or accessed by unauthorised persons.

Gravity5 undertakes to ensure that the persons authorised to process personal data on its behalf:

• have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
• receive the necessary training in personal data protection.

In all cases, Gravity5 undertakes to comply with the applicable legal provisions relating to the conditions of processing and/or the destination of the data communicated to it by the Client or to which it has access in providing the Services.

Gravity5 shall not use the Client Data, nor sell or transfer data of a strictly confidential nature, unless the data used by Gravity5 can at no time identify a customer of the Client and is used to produce anonymous statistics.

To find out more about how your data is processed or about your rights, you can read our privacy policy at any time at https://jenvoie.fr/privacy.

11.3. Data processing agreement

For the data of the participants in its Operations and of the recipients of its Campaigns, the Client is the controller and Gravity5 its processor within the meaning of article 28 GDPR. The conditions of this processing (subprocessors, security, data breaches, fate of the data) are set out in the Data Processing Agreement (DPA), which forms part of the Contract.

11.4. The jenvoie app for Shopify: privacy requests and uninstallation

For stores that use the jenvoie app for Shopify, Gravity5 handles the privacy requests forwarded by Shopify: when a store customer requests access to their data (customers/data_request), Gravity5 emails the Client, at its store’s address, a file containing all the data it holds about that person for the store, for the Client to answer the request; when a store customer requests erasure (customers/redact), Gravity5 deletes their contact record, answers and email history and anonymises their plays; forty-eight (48) hours after the app is uninstalled (shop/redact), Gravity5 deletes the personal data of all the store’s participants and contacts as well as the access credentials to the store. The Client can export its contacts before uninstalling.

12. Suppliers – Service providers – Subcontractors

Throughout the term of the Contract, Gravity5 is free to use any suppliers, service providers and/or subcontractors of its choice.

In this context, Gravity5 remains responsible, under the conditions set out in the Contract, for the provision of the Services.

13. Miscellaneous

13.1. Amendment of the Contract

Gravity5 may amend these terms to reflect changes in the Services, the regulations or its practices. Any material change is notified to the Client by email or in its account at least thirty (30) days before it comes into force; Gravity5 may ask the Client to accept the new version as provided in the preamble. If the Client disagrees, it may terminate the Contract before the change comes into force.

The specific conditions of a Quote may only be amended by mutual agreement between the Parties, by a written amendment signed by an authorised representative of each Party.

13.2. Waiver

The fact that either Party does not exercise any of its rights hereunder shall not constitute a waiver of that right, such waiver only resulting from an express declaration by the Party concerned.

13.3. Service availability and maintenance

The Client acknowledges that the Platform may be temporarily interrupted, in particular for maintenance, updates, technical improvements or because of events beyond Gravity5’s control.

Where possible, Gravity5 informs the Client in advance of planned interruptions likely to affect access to the Platform.

Gravity5 cannot be held responsible for interruptions, slowdowns or unavailability resulting in particular from:

• maintenance operations needed for the proper operation of the Platform;
• failures of telecommunication networks or of the Client’s equipment;
• non-compliant use of the Platform by the Client;
• an event beyond Gravity5’s reasonable control.

Gravity5 also reserves the right to change the Platform, in particular by adding, modifying or removing certain features, provided that it does not remove the essential features of the service subscribed to by the Client.

13.4. Account suspension and termination

Gravity5 reserves the right to temporarily suspend or restrict the Client’s access to the Platform, in particular in case of a breach of these terms, fraudulent or unlawful use of the Platform, infringement of third parties’ rights, a risk to the security of the service or non-payment.

Where possible, Gravity5 informs the Client beforehand to allow it to remedy the situation. However, an immediate suspension may be implemented where necessary to prevent damage or harm to the security of the Platform or of third parties.

Each Party may terminate these terms as follows: a Client subscribed on jenvoie.fr may terminate at any time from its account, with effect at the end of the current subscription period; a Client using the jenvoie app for Shopify may terminate at any time by uninstalling the app, which cancels its subscription in Shopify, revokes Gravity5’s access to its store and immediately stops its games from being displayed; Services provided under a Quote are terminated as provided in the Quote. Sums paid for the current period are not refunded (Section 5.4).

Gravity5 reserves the right to temporarily or permanently suspend access to all or part of the Services where an operation, in particular a prediction, is likely to breach these Terms of Service, the applicable regulations or third parties’ rights, or is the subject of a sufficiently detailed report suggesting unlawful or non-compliant use of the Services.

Gravity5 may also terminate the contract in case of a serious breach by the Client of its obligations, in particular unlawful use of the Platform, creation of campaigns that do not comply with the applicable regulations, infringement of the rights of Gravity5 or of third parties, or an attempt to compromise the security of the service. Such termination takes place after a formal notice that remains unremedied for fifteen (15) days, or without notice where the breach makes it impossible to continue the Contract or exposes Gravity5 or third parties to a serious risk.

Lastly, Gravity5 may terminate the Contract without cause by giving the Client thirty (30) days' notice by email; the Client is then refunded the part of the amounts paid that corresponds to the unused period.

After termination, the Client’s access to its account may be deactivated under the applicable commercial terms. The data associated with the account may be deleted once the applicable retention periods have expired, subject to legal retention obligations. The Client is invited to export its data before its account is permanently closed, where this feature is available.

For a Client subscribed on jenvoie.fr, its contacts’ data can be exported for thirty (30) days after termination and is then deleted as provided in the DPA. For a Client using the jenvoie app for Shopify, the personal data of its participants and contacts is deleted forty-eight (48) hours after uninstallation (Section 11.4); its game designs, which contain no personal data, are kept in case it reinstalls the app, unless it asks for their deletion at privacy@jenvoie.fr.

14. Governing law and jurisdiction

The Contract is governed by French law. In the event of a dispute that cannot be settled amicably, the competent court will be the Commercial Court of Créteil (94), France.

Gravity5
6bis, rue Jean Mermoz
94450 LIMEIL-BRÉVANNES, France

contact@gravity5.pro — support: support@jenvoie.fr