General Terms and Conditions

PREDICTA LAB SAS has conceptualized and crafted the PREDICTA SEARCH services for gathering information by utilizing sources of information accessible to the general public and data accessible on the internet. This service operates based on the principles of Open Source Intelligence (OSINT). The deployment of PREDICTA SEARCH's services follows a Software as a Service (SaaS) model and is exclusively intended for use by professionals. Individuals who do not hold professional status are prohibited from subscribing to this service.

Accessing PREDICTA SEARCH's website mandates the use of a computer with an operational system, connectivity to an electronic communication network to facilitate data transfer, a subscription with an internet service provider, and the utilization of appropriate communication and web navigation software. These software components are to be installed on the client's device.

We urge you to thoroughly review these terms before consenting to or utilizing the service. These terms delineate our identity, elucidate the manner in which we offer services to our clients, provide guidance in the event of complications, and furnish other crucial pieces of information.

Article 1 - Definitions

The subsequent definitions shall hold the meanings ascribed below:

• "Client": An individual with professional standing who has subscribed to the service and is granted authorization to utilize it.
• "documentation": All manner of documents pertaining to the services, encompassing functional descriptions and all technical information essential or beneficial for their utilization. This documentation is accessible on PREDICTA SEARCH's website.
• "PREDICTA SEARCH's Services" or "Service": The offerings furnished by PREDICTA LAB to the Client through PREDICTA SEARCH's website, inclusive of the capacity to retrieve a designated count of search outcomes upon request, contingent on the chosen subscription plan.
• "logins": The unique username provided to the Client, facilitating profile creation and secure access to the Service via connection to PREDICTA SEARCH's website.
• "User": Any individual, whether an employee of the Client or a visitor, who accesses PREDICTA SEARCH's website and services, and employs them in compliance with the conditions stipulated in these general terms. Any action undertaken by a user legally binds either the Client or the visitor themselves.
• "Visitor": A guest to the website who is also eligible to utilize the Service but with restrictions imposed on the results received.
• "Member": A registered participant of the website who is also entitled to use the service, albeit with limitations imposed on the results received.
• "Website" or "PREDICTA SEARCH's Website": Denotes the web portal accessible at the URL (https://www.predictasearch.com/), affording entry to the Service.

Article 2 - Intent

The purpose of these overarching clauses is to define the terms and conditions by which PREDICTA LAB:

• Offers access to PREDICTA SEARCH's services to both Clients and Visitors, and upon the Client's agreement, grants the authorization to employ said services.
• Guarantees the continuous provision of PREDICTA SEARCH's services.

Article 3 - Duration and Commencement

Upon a User's access to the Website, regardless of whether they possess a profile, these terms and conditions become effective. In subscription scenarios, the commencement of a subscription is marked by the initial payment of the corresponding fee. For monthly subscriptions, they are automatically renewed on a monthly basis, and users retain the freedom to conclude the subscription at any juncture using their personal interface.

Article 4 - Specifications of PREDICTA SEARCH's Services

4.1 Scope

The intricacies of each service are elaborated upon in comprehensive detail on PREDICTA SEARCH's Website.

The Service is fashioned to gather information publicly accessible on the internet, linked to email addresses or phone numbers. By validating an email address, phone number, username or name within the search system, a User initiates a request. While a Client enjoys access to a comprehensive list of up to hundreds of results per request, complete with detailed information, it's crucial to underline that Visitors do not possess such details. A Visitor is informed solely about the existence of a profile and the type of data located, but specific values are not disclosed.

4.2 Identification

In order to access the Service associated with their subscription, the Client must create a profile and subsequently log into their profile.

Each User (Client) is furnished with their own set of login credentials. These logins are confidential, singular, and personalized. The Client bears sole responsibility for the utilization of logins by their designated Users. Any actions conducted using logins provided to the Client are unequivocally regarded as executed by the Client.

4.3 Service Usage

PREDICTA LAB commits to exerting its utmost endeavors to implement the services outlined within the parameters of these general terms.

The Service conducted by PREDICTA LAB involves automated aggregation of internet-available results. PREDICTA LAB bears no responsibility for the sources identified, the contents thereof, their accuracy or authenticity, or their comprehensiveness. PREDICTA LAB abstains from validating the sources or results. It is incumbent upon the User to authenticate each source and transmitted information, utilizing such information only for purposes authorized by law and in line with the conditions set forth in the Article "Obligations."

PREDICTA LAB guarantees the continuous availability of the Service, 24 hours a day, 7 days a week.

Nevertheless, PREDICTA LAB reserves the right to partially or wholly restrict Service access to facilitate the maintenance of its computer settings and facilities employed for service provision, within the scope of scheduled activities.

PREDICTA LAB shall not be held accountable for any form of damage that may arise due to a temporary unavailability of all or parts of PREDICTA SEARCH's Services.

4.4 Evolutions

PREDICTA LAB maintains a constant pursuit of optimizing its Services. To this end, the company holds the prerogative to update PREDICTA SEARCH's Website, Services, and introduce novel offerings.

As a general rule, PREDICTA LAB retains the authority to make technical decisions aimed at enhancing services, always prioritizing their continuity and sustained compatibility.

4.5 Suspension

In cases of Client non-compliance with their obligations, PREDICTA LAB retains the right to automatically and without prior notice suspend access to PREDICTA SEARCH's Website. This suspension aims to facilitate an assessment of the Client's adherence to the terms and conditions outlined in these general terms.

Service access will be temporarily suspended for the duration required to complete these verifications.

Article 5 - Responsibilities of the Client

The Client or Visitor hereby commits to:

• Utilize the Service solely for phone numbers or email addresses linked to themselves.
• Operate the Service in conformity with these general terms and conditions and in accordance with the law.
• Review and oversee the outcomes furnished by the Service before any implementation or usage.
• Refrain from employing the Service and its search outcomes for purposes that conflict with the law, including terrorist activities, criminal offenses, crimes against humanity, cyber harassment, cyber attacks, and any intentions that could harm third parties.
• Employ the Service reasonably, encompassing the appropriate frequency and velocity for making requests.
• Abstain from utilizing the Service to deliberately obstruct or overload the system. Moreover, refraining from utilizing robots or automated query systems is mandatory. It's important to note that the web version of the service cannot be used as an API.
• Transmit all obligations delineated in these general terms to users.
• Cooperate with PREDICTA LAB.

The Client and Visitor acknowledge and consent to utilizing the Service at their own risk. They agree not to hold PREDICTA LAB liable on any grounds aside from the Service's availability and access to results in cases of subscription and under these general terms. Free users are informed that their queries are not stored and are thus responsible for retrieving the results of their queries.

Article 6 - Confidentiality

Both parties commit to refraining from revealing any confidential information obtained during the execution of these general terms to external entities.

They pledge to employ confidential information solely as required for fulfilling the obligations set forth in these general terms.

Designated "Confidential," any information so marked shall be treated as confidential.

The parties shall adopt all essential measures to ensure adherence to this article by their employees and/or subcontractors.

This provision shall endure and maintain its relevance even in the event of the nullification, revocation, or termination of these general terms.

Article 7 - Pricing and Billing

For Visitors and Members, access to the Service is provided free of charge.

Client access to the Service is contingent upon the payment of the subscription fee, as specified during the subscription process.

Stated prices are denoted in euros and do not encompass taxes. On the invoicing date, applicable taxes, including VAT, will be added to the stated prices.

Online payment is facilitated through our partner, Stripe (https://stripe.com). Subscription payments can be executed as follows:

For monthly subscriptions, payment occurs via direct debit on the anniversary date of each month. Any ongoing month is billable, and no reimbursements, including for partial months in the case of termination, will be provided by PREDICTA LAB.

Non-payment results in the Client's loss of access to the Service.

The subscription fee grants access to a predetermined quantity of monthly requests and results. Unused requests cannot be carried over to subsequent periods.

Article 8 - Hosting

PREDICTA SEARCH's Website is hosted within the confines of servers stationed in Germany, either by PREDICTA LAB itself or by a designated provider.

Unless explicitly mentioned, access to PREDICTA SEARCH's Website does not encompass the transfer of any physical materials to the Client. PREDICTA LAB offers its Services to the Client through remote entry to PREDICTA SEARCH's Website.

PREDICTA LAB undertakes to deploy all necessary technological measures in line with contemporary advancements to guarantee the logical security of Website access, as well as to thwart unauthorized intrusions, irrespective of the method or technique employed.

The Client commits to abiding by the security protocols and regulations detailed in the documentation. PREDICTA LAB assumes no responsibility for any lack of adherence to the stipulated security protocols and regulations on the part of the Client.

Article 9 - Intellectual Property

9.1 Expertise

PREDICTA LAB shall maintain ownership over its proprietary techniques, algorithms, expertise, and tools employed in the execution of the Services.

9.2 Intellectual Property pertaining to PREDICTA SEARCH's Website and Services

In adherence with the regulations stipulated in the French Intellectual Property Code, the Website, the entirety of the Service, and all associated documentation remain the property of PREDICTA LAB.

Every constituent part of PREDICTA SEARCH's Website, PREDICTA SEARCH's Services, along with the interfaces furnished to the User for the implementation of these general terms, the documentation, and any other data provided by PREDICTA LAB to the User, is and shall remain the exclusive property of PREDICTA LAB.

Furthermore, PREDICTA LAB holds ownership of all intellectual property rights (including copyright and the sui generis rights of a database creator) in the databases it has curated.

Consequently, the Client is prohibited from engaging in any activity that could directly or indirectly jeopardize the intellectual property rights of PREDICTA LAB.

9.3 License to Employ PREDICTA SEARCH's Service

PREDICTA LAB extends to the Client, and the Client agrees to accept, a personal, non-exclusive, and non-transferable license permitting access to and utilization of PREDICTA SEARCH's Services.

Unauthorized utilization not explicitly sanctioned by PREDICTA LAB in these terms shall contravene Article L. 122-6 of the French Intellectual Property Code.

Of specific note, the Client commits to abstain from accessing the source code and acknowledges that actions such as disassembling, reverse engineering, or any attempt to deduce the source code are strictly prohibited. Any violation, intrusion, or effort to interfere with the automated data processing system, source code, or algorithms is expressly prohibited and constitutes an infringement of PREDICTA LAB's intellectual property rights.

Article 10 - Assurances

PREDICTA LAB does not offer warranties to the Client or the Visitor with regard to the Service, the outcomes of requests, and the provided information.

The Service is dispensed without any warranties pertaining to the information's quality, comprehensiveness, utility, accuracy, authenticity, or legality.

PREDICTA LAB affirms its ownership of the intellectual property rights necessary for rendering the Services and maintaining the Website. PREDICTA LAB will accept all penalties adjudged against the Client exclusively based on a conclusive court judgment that identifies an infringement.

This assurance is subject to the subsequent explicit conditions:

• The Client must expeditiously communicate the written report of the alleged infringement or the preceding notification leading to such a claim.
• PREDICTA LAB must be granted the opportunity to safeguard its own interests and those of the Client. Consequently, the Client must actively cooperate in this defense by supplying all essential materials, information, and assistance imperative for an effective defense.

The aforementioned provisions encapsulate the entirety of PREDICTA LAB accountability regarding infringement, patent disputes, and copyright disputes.

Article 11 - Personal Data

Both parties commit to fulfilling their responsibilities as stipulated by the prevailing personal data protection laws and regulations, notably including compliance with the General Data Protection Regulation 2016/679.

With regard to the handling of personal data by PREDICTA LAB to facilitate the provision of the Service, PREDICTA LAB encourages you to peruse the privacy policy for further insights.

Article 12 - Customer Support

Users have the option to inquire about the utilization of services from PREDICTA LAB through email correspondence addressed to the following contact: ([email protected]) or via the contact page on the PREDICTA SEARCH's Website

Article 13 - Insurance Coverage

Each party affirms that it has procured an insurance policy through a financially stable and respected insurance provider based in France or the European Union. This policy encompasses all potential financial ramifications stemming from its professional civil liability, tort, and/or contractual liability. Such liabilities pertain to bodily harm, material damages, and subsequent losses inflicted upon the other party and any third parties during the execution of these general terms.

Article 14 - Accountability

The User acknowledges the following:

• Usage of the Service is undertaken at their own risk, as the Service and the Website are provided on an "as is" basis.
• The Service does not act as a substitute for professional counsel and analysis.

Both parties are obligated to exercise due diligence in fulfilling their obligations within the parameters of these general terms, and liability on the part of one party can be established solely upon substantiation of a culpable action.

Exceptions: PREDICTA LAB liability does not extend to performance issues arising from: (i) "force majeure" factors as described in the Force Majeure clause; or (ii) situations arising from Client or third-party equipment; or (iii) issues stemming from network connections.

Restrictions or Exemptions of Liability: In compliance with applicable laws, PREDICTA LAB disclaims liability for: (a) misuse of the Service or the Website; (b) deceptive utilization or use contrary to these general terms; (c) application of the Service alongside third-party data, software, or hardware incompatible with the Service and/or not endorsed by PREDICTA LAB; (d) diminished performance or unavailability of the Service due to network connections; or (e) errors within the Service or related materials due to Client configuration or Service manipulation.

Impairment: Both parties mutually affirm that they shall only be accountable for direct damages, while indemnification for indirect damages shall be excluded. Indirect damages encompass the loss of data, time, profits, revenue, margins, orders, customers, operational shortfall, business opportunities, as well as harm to brand reputation, loss of anticipated outcomes, and claims from third parties.

Upper Limit on Liability: It is agreed that the extent of PREDICTA LAB's accountability shall not surpass the total sums actually paid by the Client during the year in which the damage occurred.

This provision shall persist and retain applicability even if these general terms are nullified, rescinded, or terminated.

Article 15 - Conclusion of Agreement

15.1 Termination Requirements

In the event that either party violates the commitments outlined in these general terms and fails to rectify the infringement within thirty (30) days subsequent to dispatching a certified letter with acknowledgment of receipt, serving notice of the violation in question, the opposing party reserves the right to terminate these general terms. Such termination shall not preclude the potential pursuit of damages as may be legitimately sought within the confines of this agreement.

Article 16 - Unforeseen Circumstances

In the event of an unforeseen circumstance, the execution of these general terms shall be temporarily halted.

If an unforeseen circumstance persists for a period exceeding one (1) month, these general terms will be automatically terminated, unless an alternative arrangement is mutually established by the parties.

It is explicitly acknowledged that unforeseen circumstances, acts of nature, or events beyond control shall encompass those typically recognized in accordance with the legal precedents set by French courts and tribunals.

Section 17 - Principles of Conduct

17.1 Good Faith and Candor

The parties mutually commit to fulfill their obligations with the utmost good faith. Each party hereby asserts that it possesses no information that, if disclosed, would have altered the agreement of the other party.

17.2 Waiver

Both parties acknowledge that any leniency shown by one party toward a particular situation shall not confer any entitlements to the other party. Furthermore, such leniency shall not be interpreted as a renunciation of the relevant rights.

17.3 Sincerity

The parties affirm that the undertakings documented herein are authentic. Each party thus declares its lack of awareness regarding any factors that, if made known, would have impacted the concurrence of the other party.

17.4 Transfer of these General Terms

The Client is prohibited from wholly or partially transferring these general terms, with or without consideration, without the prior written consent of PREDICTA LAB. PREDICTA LAB retains the prerogative to assign these general terms to any selected third party.

17.5 Section Titles

Section headings are included for convenience only. In situations where a discrepancy arises between any of the headings and the content of the clauses, the headings shall be considered void.

17.6 Severability

If any provision or multiple provisions of these general terms are deemed invalid, declared so by a law, regulation, or legally binding judgment rendered by a court possessing appropriate jurisdiction, the remaining provisions shall continue to be fully effective.

17.7 Entire Understanding

These general terms collectively constitute the comprehensive agreement between the parties.

Article 18. Governing law

These comprehensive terms shall be subjected to the jurisdiction of French law. French law's application encompasses both the formal and substantive aspects, regardless of the location where the primary or secondary obligations are fulfilled.

Article 19. Jurisdiction

BOTH PARTIES UNCONDITIONALLY CONCUR THAT THE EXCLUSIVE JURISDICTION SHALL RESIDE WITH THE COMMERCIAL COURT ("TRIBUNAL DE COMMERCE") OF TOULOUSE.