Terms of sale

1. Scope

These terms of sale apply to any subscription to the Puls service (the “Service”) from JOURDECHANCE SAS (“Jour de Chance”) by a customer acting for business purposes (the “Customer”). The Service is not offered to consumers.

These terms prevail over the Customer’s general purchasing conditions unless otherwise agreed in writing. The contract consists of the quote or commercial proposal signed by the Customer (the “Quote”) and these terms. In the event of a conflict, the Quote prevails.

2. The Service

Puls is a private online space for media and market intelligence, set up for the Customer. Its exact scope (modules, brands and competitors tracked, sources, update frequency, support from a Jour de Chance media expert) is defined in the Quote.

3. Order and set-up

The order is binding once the Customer signs the Quote. The Service goes live after a scoping phase, within the indicative timeframe set in the Quote. The Customer receives personal login credentials.

4. Prices and payment

Prices are set out in the Quote in euros, excluding taxes; applicable VAT is added. Unless the Quote states otherwise, invoices are payable by bank transfer within 30 days of their issue date.

Any late payment automatically incurs penalties at the European Central Bank’s most recent refinancing rate plus 10 points, and a fixed recovery fee of €40 (article L. 441-10 of the French Commercial Code). If a formal notice remains unanswered for 15 days, Jour de Chance may suspend access to the Service.

5. Term and termination

The Service is subscribed for the term set in the Quote. Failing that, it runs for 12 months and renews automatically for successive 12-month periods, unless either party terminates it in writing at least one month before the end of the current period.

If either party seriously breaches its obligations and does not remedy the breach within 30 days of a formal notice, the other party may terminate the contract.

6. Jour de Chance’s obligations

Jour de Chance provides the Service with care, under a best-efforts obligation, and keeps the Customer’s space available, except during maintenance and incidents beyond its control.

Puls presents data from third-party sources (public statistics, ad libraries, platforms, press) and cites each source. Jour de Chance does not guarantee that these sources are complete or accurate.

7. Customer’s obligations

The Customer provides the information the Service needs (media plans, reports, list of tracked brands) and warrants that it has the right to share it. It keeps its login credentials confidential and uses the Service for its internal needs.

8. Intellectual property

The Puls platform (software, interface, methods, brand) remains the exclusive property of Jour de Chance. For the term of the contract, the Customer has a personal, non-exclusive and non-transferable right to use it.

Data provided by the Customer remains its property. The Customer may use the outputs produced for it for its internal needs.

9. Confidentiality

Each party keeps the other party’s information obtained under the contract confidential, for the term of the contract and two years after it ends. Customer data is never shown to third parties or used in demonstrations.

10. Personal data

Where the Customer’s space contains personal data processed on its behalf, Jour de Chance acts as a processor within the meaning of article 28 of the GDPR. A data processing agreement is signed at the Customer’s request.

11. Liability

Jour de Chance is only liable for direct, proven damage resulting from a breach of its obligations. Indirect damage, such as loss of revenue, customers or opportunity, is excluded. Decisions the Customer makes based on Puls outputs are its sole responsibility.

Jour de Chance’s total liability is limited to the amount, excluding taxes, paid by the Customer for the Service in the 12 months preceding the event giving rise to the claim.

12. Force majeure

Neither party is liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code.

13. Governing law and disputes

These terms are governed by French law. Failing an amicable settlement, any dispute falls under the exclusive jurisdiction of the courts of the place of Jour de Chance’s registered office.