Acceptance of these terms
These Terms of Service ("Terms") are an agreement between you and Vayalis (France, SIREN 987827649, Paris), which provides the Amabrik service ("Amabrik", "we", "us"). By creating an account or using Amabrik, you agree to these Terms. If you are using Amabrik on behalf of an organization, you confirm you are authorized to bind that organization.
These Terms incorporate, and should be read together with, our Privacy Policy, Cookie Policy, Data Processing Agreement, Subprocessors list, and Acceptable Use Policy. Together they form your agreement with us.
The service
Amabrik provides embeddable website widgets and a dashboard to configure them, along with related features such as submission storage and integrations. We may improve, change, or discontinue features over time. We aim to keep the service available but do not guarantee uninterrupted or error free operation.
Accounts and security
You must provide accurate account information and keep it current. You are responsible for safeguarding your credentials and for all activity under your account. We recommend enabling two factor authentication. Notify us promptly at contact@amabrik.com if you suspect unauthorized use.
Acceptable use
You agree not to:
- use Amabrik to collect data unlawfully or without the notices and consents the law requires;
- send spam, phishing, malware, or unlawful, infringing, or harmful content;
- attempt to breach, probe, or disrupt the service, or circumvent security or usage controls;
- reverse engineer or copy the service except as permitted by law;
- resell or provide the service to third parties except as expressly allowed; or
- use the service in violation of applicable laws or third party rights.
Customer content and end user data
You retain ownership of the content and data you submit to Amabrik and the data your widgets collect from your site visitors ("Customer Data"). You grant us the rights needed to host, process, and transmit Customer Data to provide the service.
For the personal data your widgets collect from your visitors, you are the data controller and Amabrik is your data processor. You are responsible for having a lawful basis to collect that data and for providing your visitors with the required privacy notices and choices. Our handling of that data is described in our Privacy Policy.
Subscriptions and billing
Paid plans are billed through Stripe, our payment processor. By buying a plan, you authorize us (via Stripe) to charge the fees for the plan you select.
- Plans. We offer an annual plan, billed once a year as a recurring subscription, and a lifetime plan, a single one-time payment with no renewal. Plan features and prices are shown at sign up.
- Free trial. The trial needs no card, so nothing is charged automatically. At the end of the trial your widgets pause until you choose a plan.
- Renewals. The annual plan renews automatically each year until you cancel, and you authorize each yearly charge. The lifetime plan is a one-time payment and never renews.
- Cancellation. You can cancel the annual plan at any time from your dashboard, which stops future renewals; your plan stays active until the end of the current paid year. The lifetime plan has nothing to cancel, since it does not renew.
- Refunds. Except where required by law or expressly stated, fees already paid are non refundable, including for partial periods.
- Taxes and changes. Prices exclude taxes unless stated; you are responsible for applicable taxes. We may change prices, with notice taking effect at your next renewal.
Intellectual property
Amabrik, including its software, widgets, design, and brand, is owned by Vayalis and its licensors and is protected by intellectual property laws. We grant you a limited, non exclusive, non transferable right to use the service while your account is in good standing. We reserve all rights not expressly granted.
Third party integrations
Amabrik lets you connect third party tools (for example email and CRM providers, or Google Sheets). Those services are governed by their own terms and privacy policies. You are responsible for the integrations you enable, for the credentials and access you provide, and for your use of those tools. We are not responsible for third party services, and connecting them is at your own risk.
Disclaimers
The service is provided "as is" and "as available", without warranties of any kind, whether express or implied, to the maximum extent permitted by law. We do not warrant that the service will be uninterrupted, secure, or error free, or that it will meet your specific requirements.
Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total aggregate liability arising out of or relating to the service is limited to the amounts you paid to us for the service in the twelve months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.
Indemnity
You agree to indemnify and hold harmless Vayalis and its affiliates from claims, damages, and costs (including reasonable legal fees) arising from your Customer Data, your use of the service, or your breach of these Terms or of applicable law.
Suspension and termination
You may stop using the service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the service or other users. On termination, your right to use the service ends. We will handle your data as described in our Privacy Policy.
Governing law and dispute resolution
These Terms are governed by the laws of France, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. The courts of Paris, France, have exclusive jurisdiction over any dispute, subject to any mandatory consumer protection rights you may have in your country of residence.
Changes to these terms
We may update these Terms from time to time. When we make material changes, we will update the date at the top of this page and, where appropriate, notify you. Your continued use of Amabrik after an update means you accept the revised Terms.