These General Terms and Conditions (“Terms”) govern the use of the DinMo software-as-a-service provided by DinMo SAS, a simplified joint stock company (société par actions simplifiée) incorporated under the laws of France, with a share capital of €1650,92, registered with the Paris Trade and Companies Register (RCS Paris) under number 914 591 557, having its registered office at 60 rue François 1er, 75008 Paris, France (“DinMo”).

By subscribing, accessing, or using the Service (including any free trial), the customer (“Customer”) agrees to be bound by these Terms. If the Customer has entered into a separate written agreement or purchase order with DinMo, the terms of that executed agreement shall prevail in the event of any conflict or inconsistency with these Terms.

“Agreement” means these Terms, any related Order, and any documents referenced herein.

“Customer Data” means any data, including personal data, imported or processed through the Service by or on behalf of the Customer.

“Documentation” means the user and technical documentation made available by DinMo to the Customer.

“Sub-Processor” means any third-party service provider engaged by DinMo to process Customer Data on DinMo’s behalf.

“Service” means DinMo’s software-as-a-service platform for customer data unification, enrichment, and activation.

“Subscription” means the paid access right granted to the Customer for the use of the Service during a defined period.

DinMo shall make the Service available to the Customer in accordance with these Terms.

The Customer is granted a limited, non-exclusive, non-transferable right to access and use the Service solely for its internal business purposes.

DinMo may enhance or modify the Service at any time, provided that such changes do not materially reduce its core functionalities.

DinMo does not guarantee uninterrupted or error-free operation and provides no service level agreement (SLA) unless otherwise agreed in writing.

The Customer shall:

Customer shall also defend (at its sole expense) DinMo and licensors against claims brought against DinMo by any third party arising from or related to an allegation that the Customer Data used in connection with the Service violates, infringes or misappropriates the intellectual property rights of a third party. Customer will pay damages finally awarded against DinMo with respect to such claims, and will pay reasonable attorney’s fees in connection with such defense. The foregoing shall apply regardless of whether such damage is caused by the conduct of Customer or by the conduct of a third party using Customer’s access credentials.

DinMo may suspend or terminate access in case of misuse, breach of these Terms, or non-payment.

The applicable fees are defined in the relevant Order or subscription plan.

All payments are due in advance, within forty-five (45) days of invoice issuance. Late payments shall bear interest at 1.25% per month and a statutory recovery fee of €40. Fees are non-refundable.

Fees are exclusive of all applicable taxes. The Customer shall be responsible for all taxes, duties, or levies imposed by law.

DinMo may revise its pricing upon renewal by applying the following indexation formula:

P = P0 × (S / S0 + 5%)

where:

When processing personal data on behalf of the Customer, DinMo acts as a data processor in accordance with Article 28 of the GDPR.

The Customer acts as data controller and remains solely responsible for ensuring that its processing instructions comply with applicable law.

DinMo shall:

DinMo may process limited personal data as an independent controller for purposes such as billing, account management, security monitoring, and legal compliance.

For any questions regarding data protection, the Customer may contact: privacy@dinmo.com.

Each Party shall treat all confidential information received from the other as strictly confidential and shall not disclose it to any third party, except as required by law or to perform the Agreement. This obligation shall survive termination of the Agreement.

DinMo retains all intellectual property rights in and to the Service, including its software, documentation, designs, and know-how. No rights are transferred other than those expressly granted herein.

Customer Data remains the sole property of the Customer. DinMo may use aggregated and anonymised data for analytical and statistical purposes.

DinMo warrants that it has the right to provide the Service and that it will perform its obligations with reasonable care and skill.

Except as expressly stated herein, the Service is provided “as is”, without warranties of any kind, whether express or implied.

DinMo disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the maximum extent permitted by law, DinMo’s total aggregate liability for any claim arising from or related to the Agreement shall not exceed the total fees paid by the Customer in the twelve (12) months preceding the claim.

DinMo shall not be liable for indirect, incidental, or consequential damages, including loss of profits, data, or business opportunities.

The initial subscription term is one (1) year starting from the subscription date. Unless terminated as set forth below, the subscription shall automatically renew for successive one-year periods under the same conditions.

Either Party may terminate the Agreement for material breach not cured within thirty (30) days of written notice.

The Customer may cancel renewal by written notice at least two (2) months before the end of the current subscription period, either (a) by email sent to DinMo’s usual contact persons; or (b) by registered letter with acknowledgment of receipt to the address indicated at the end of these Terms.

DinMo may suspend or terminate access to the Service immediately in case of non-payment or breach.

Upon termination, Customer access shall end, and Customer Data will be deleted or anonymized within a reasonable time, unless retention is required by law. DinMo does not permanently store

Customer Data beyond what is necessary for compliance or billing.

Customer authorizes DinMo to reference its name and logo in marketing materials and on DinMo’s website as a customer reference, unless the Customer objects in writing. No confidential or strategic information shall be disclosed without prior consent.

These Terms constitute the entire agreement between the Parties regarding the Service and supersede any prior agreements. DinMo may assign or transfer this Agreement to any affiliated entity or successor in interest without Customer’s consent.

The Customer may not assign its rights or obligations without DinMo’s prior written consent.

The Parties are independent contractors, and no partnership, franchise, joint venture, agency, fiduciary or employment relationship between the Parties is created hereby. Notwithstanding any other provision in the Agreement, nothing in the Agreement shall create or confer (whether expressly or by implication) any rights or other benefits in favour of any person not a party hereto.

Notices shall be sent by email with confirmation of receipt or by registered letter to the addresses specified herein.

Failure by either Party to enforce any provision shall not constitute a waiver.

These Terms shall be governed by and construed in accordance with the laws of France.

Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Paris, France.

DinMo SAS – 60 rue François 1er, 75008 Paris, France
Website: https://www.dinmo.com
Contact: hello@dinmo.com
Data Protection Contact: privacy@dinmo.com