General Conditions of Use
Effective 01/01/2023
Before subscribing to and using the https://www.myposeo.com service, carefully read these general conditions of use and sale concluded between you and the company Jellyfish.
Article 1: Definitions
In these general conditions of use, the words in CAPITAL E have the following meaning:
“ API ”: function or mechanism made available to DEVELOPERS and the LICENSEE in order to functionally enrich their applications, services or content.
“ ADVERTISERS ”: third parties authorized by the LICENSEE and having access to an ADVERTISER ACCOUNT .
“ APPLICATION ”: service or software accessible from a mobile or computer or any other comparable machine. This is Myposeo.
“ ACCOUNT ”: defines the space accessible online by the client user of the APPLICATION . The ACCOUNT is accessible via a password and a confidential URL. The LICENSEE may change the password at any time via a functionality of the ACCOUNT or at the request of the LICENSEE to the SERVICE PROVIDER .
“ DEVELOPER ”: person employed or working for the LICENSEE and who uses the API functionalities of the LICENSE .
“ INTERNET USER ”: visitor to the site www.myposeo.com.
“ LICENSE ”: subscription to the www.myposeo.com service.
“ LICENSEE ” and “Licensees”: customer(s) holding a license to access and use the Service.
“ TOOL ”: equivalent to the APPLICATION .
“ PROVIDER ”: The Jellyfish company “ SERVICE(S) ”: the service(s) of www.myposeo.com
“Jellyfish” : the Jellyfish company, owner and publisher of the service www.myposeo.com
“ PREMIUM ”: a myposeo pack accessible after payment of an invoice.
Article 2: General
The Jellyfish company is a simplified joint stock company with capital of €15,150 (euros), registered with the Paris RCS under number 520 806 183. The head office is located at 10 rue henner, 75009 Paris. Intracommunity VAT number:.
The LICENSEE may contact Jellyfish by post at the following address: Jellyfish, 10 rue Henner, 75009 Paris. By email to: contact@myposeo.com for any questions relating to license billing.
Article 3: Purpose
The purpose of these general conditions of use is to define the terms and conditions for making the SERVICE available to LICENSEES .
An Internet user is considered LICENSED when he subscribes to a SERVICE offer .
Any use of the SERVICE implies acceptance and compliance with all the terms of these general conditions of use. In the event that the LICENSEE does not wish to accept all or part of these general conditions of use, he is prohibited from using the SERVICE and recommended not to use it.
Article 4: Service
The SERVICE is an online tool for monitoring and analyzing positioning on search engines dedicated to SEM (Search Engine Marketing) marketing professionals and individuals wishing to analyze the visibility of their site on search engines.
The Service is published by the company Jellyfish and is accessible from the internet address https://www.myposeo.com . All subdomains of the Myposeo domains belong to the publishing company and are likely to be used by the Licensee as long as he has authorization and access.
Each LICENSEE has an access account to the SERVICE secured by their personal settings (email and password). The SERVICE operates on the principle of a subscription with a commitment according to the selected LICENSE .
Article 5: Prior registration, material means
In order to use the SERVICE , the INTERNET USER must register via the online form on the site https://www.myposeo.com .
Upon acceptance of a SERVICE offer , free of charge or for a fee, the user becomes “ LICENSED ”. By checking the box “By checking this box, I accept the general conditions of use”, the LICENSEE declares to have read, understood and accepted these general conditions of use as well as to have provided accurate, truthful and up-to-date information. and complete.
He declares to be of legal age under French law, to have the legal capacity to use the SERVICE , and to accept these conditions without reservation.
When registering a Licensee, and throughout the duration of this Agreement, it is required to provide accurate information such as identity and postal contact details allowing communication between the LICENSEE and the Jellyfish company .
Any false information is prohibited by law and may render its author liable. In the event that the LICENSEE provides false, inaccurate, outdated or incomplete data, Jellyfish will be entitled to suspend or terminate the LICENSE and to refuse, in the future, access to all or part of the SERVICE .
In order to benefit from the SERVICE , the LICENSEE must first register by completing the registration form, accessible online on the Site (hereinafter referred to as “The Form” or “Registration Form”).
Jellyfish is in no way responsible towards users and third parties for errors, omissions or inaccuracies that may appear in the information provided by the LICENSEE .
The services provided by Jellyfish directly to the LICENSEE are provided exclusively through electronic and digital means.
To be able to effectively benefit from the SERVICES of Jellyfish, the Licensee must have internet access and an email address.
It is the responsibility of the LICENSEE to take all measures to be able to consult the information sent by Jellyfish and in particular to pay the subscription necessary to receive the information as well as to maintain its equipment in good working order.
It is particularly recommended that the LICENSEE regularly consults his email: information relating to the site and services is sent to the email address provided during registration.
Article 6: Trial offer
Any Internet user can subscribe to the free trial offer.
Jellyfish provides a free trial version of the SERVICE , accessible for 15 days. No banking information is requested when subscribing to the so-called “ FREE ” trial offer.
At the end of this 15-day period , the LICENSEE is invited to subscribe to a paid offer called “ PREMIUM ”.
In the event of subscription, the LICENSEE ’s data will then be migrated to this new “ PREMIUM ” offer.
In the absence of subscription, the LICENSEE will continue to benefit from access to his account, free of charge, for an additional period of 15 days.
They will only be able to migrate their account to a “ PREMIUM ” offer.
At the end of these 15 days and unless you subscribe to a “ PREMIUM ” offer, the Licensee 's account will be closed and the data permanently deleted.
The LICENSEE undertakes to create only one account corresponding to his profile and he is prohibited from subscribing to several free offers of the SERVICE , Jellyfish reserving the right to restrict access to the LICENSEE and to delete the accounts without notice and data of the offender, without prejudice to the right to refer the matter to the competent courts.
Article 7: Duration/Termination
The PREMIUM LICENSE comes into force from the first payment made by the LICENSEE to Jellyfish, for the subscription, for the subscription period (from 1 to 12 months) defined on their invoice.
At the end of this period, the subscription is not renewed by tacit agreement except in the case of recurring monthly payment. In other cases, the Licensee must therefore carry out a renewal from their user access. Under no circumstances will Jellyfish be held responsible for non-renewal of the Licensee's License and for the total or partial loss of information.
The LICENSEE may terminate his subscription at any time in his SERVICE account , or by registered letter with acknowledgment of receipt addressed to Jellyfish.
The royalty paid for the current period, however, remains due in full to Jellyfish. The LICENSE only ends at the end of the subscription period and no reimbursement can be made by Jellyfish under a LICENSE subscribed with a commitment.
Article 8: Responsibilities of the LICENSEE
The LICENSEE is solely responsible for his account, his personal or professional data and his use of the SERVICE .
Article 9: LICENSED account and password
Each Internet user wishing to register may receive, as part of the registration process, at the email address mentioned by them during registration, an email for the purpose of activating their account. In this case, the SERVICE will only be fully accessible when the Internet user has completed the activation process indicated in this email.
The email address and password chosen by the INTERNET USER during registration allow access to the SERVICE . This data is confidential.
The INTERNET USER is solely responsible for any use that may be made of his or her electronic addresses and password, and the sole guarantor of their confidentiality, as well as for any use of his or her account.
The INTERNET USER undertakes to inform Jellyfish immediately of any unauthorized use of their account, and of any breach of confidentiality and security of their means of identification, by email to the following email address: contact@ myposeo .com .
If Jellyfish has legitimate reasons to believe that the security of the SERVICE is violated or that it is misused due to unauthorized use of the Internet user's means of identification, it may temporarily suspend the account. in particular in order to preserve the integrity of the site and the data, and, if this appears appropriate, require the modification of these means of identification. In the event that the Internet user wishes to modify his means of identification, he simply needs to go to the Site and modify his parameters in the “My information” section of his account.
To the extent that his means of identification have reached the hands of third parties through his fault, the INTERNET USER will be solely responsible for any use of these means of identification and the use of the SERVICE made accordingly.
Jellyfish cannot under any circumstances be held responsible for any loss or damage resulting from non-compliance with the obligations stipulated in this article.
Article 10: Conditions of use
An internet connection is required to access the SERVICE . The LICENSEE acknowledges having an internet connection to benefit from the SERVICE in the best conditions.
Jellyfish declines all responsibility in the event of interruption or malfunction of the SERVICE due, totally or in part, to a defective or inappropriate connection of the Licensee's internet connection.
The SERVICE is accessible online from the internet address https://www.myposeo.com as well as on all subdomains belonging to myposeo.com.
The SERVICE is not optimized for the Microsoft Internet Explorer browser (all versions). Jellyfish cannot guarantee the proper functioning of the SERVICE on any version of this browser. No complaints, proceedings or requests for reimbursement can be considered.
The SERVICE is functional on the following internet browsers: Chrome, Safari, Firefox in their versions updated after January 1, 2012.
The optimal screen resolution for using the SERVICE is 1280X1024 pixels and the recommended resolution should be higher than this.
The LICENSEE acknowledges that use of the SERVICE requires automatic installation of one or more cookies on his computer, whatever it may be. This cookie(s) allows information relating to the use of the SERVICE to be recorded .
It is strongly recommended to authorize, from the LICENSEE 's internet browser , the installation of cookies in order to ensure optimal performance of the SERVICE . However, the Licensee has the right to refuse them, knowing that the operation of the SERVICE would be less efficient.
LICENSEE agrees not to access any other data by any means other than through its personal interface provided by the SERVICE , unless Licensee has been expressly authorized by Jellyfish under a separate, written agreement .
You must use Myposeo APIs and SERVICES in compliance with the laws of your location. It is your responsibility to ensure that you are legally authorized to use the APIs and/or SERVICE in the country where you are located.
Jellyfish declines all responsibility in the event of misuse of Myposeo SERVICES and cannot be held responsible for any use contrary to the strict rules of legislation or the law of a country.
The LICENSEE undertakes to :
a) use Myposeo in compliance with the prohibition rules present in the T&Cs;
b) pay consumption, flat-rate or non-package bills within the deadlines defined by the T&Cs.
Jellyfish undertakes to :
a) provide the LICENSEE with access to the Myposeo Tool;
b) maintain, throughout the contract, constant access to the Myposeo SERVICE , within the limits of cases of maintenance, updating or unavailability as indicated below;
c) keep a rolling 24-month data history
d) warn the LICENSEE of possible problems related to the use of the tool by developers or users;
e) invoice monthly or annually for use of the platform;
f) provide support in the event of questions relating to the offer and services.
Prohibited use
You are not allowed to :
a) intercept, monitor, alter or modify any data retrieved from the TOOL that is not intended for you;
b) use any type of robot, virus, worm, Trojan horse or logic bomb or any other code or instruction designed to distort, erase, alter, emulate or disassemble the Myposeo TOOL, the methods or the site web myposeo.com;
c) use Myposeo SERVICES or DATA for fraudulent or propaganda purposes;
d) use any content subject to the proprietary rights of any third party, unless you have received a license or permission from the owner of the rights in question;
e) alter or attempt to alter the availability of the SERVICE through attacks against the website via the TOOL interface ;
f) resell or sub-sell to a third party (agency) the subscription taken out by the Licensee to Myposeo.
Article 11: Data confidentiality
The website “myposeo.com” is declared to the CNIL under number 142320.
Jellyfish collects personal data during Licensee registration.
Jellyfish undertakes not to communicate the personal data of its Licensees to a third party. The Licensee is the only one to access his information (email, personal information, keywords or any other data belonging to him). The latter's data is exclusively reserved for its use, within the framework of the use of the Service.
In accordance with the Data Protection Acts of January 6, 1978, the Licensee has the right to access, modify or delete data concerning him or her. To exercise this right, the Licensee may contact Jellyfish by email at contact@myposeo.com .
After closing the Licensee's account, the data is permanently deleted with the exception of those which may enable Jellyfish to justify the execution of its legal or contractual obligations. The data thus retained is for a limited period and is not subject to any use during this period.
Protection of personal data
The General Data Protection Regulation (GDPR) entered into force on May 25, 2018. It defines the principles to be respected when collecting, processing and storing personal data. It also guarantees the rights of the people concerned.
Our site www.myposeo.com offers several forms to collect a visitor's data.
The purpose of collecting data is to create a management file for prospects and customers of our company Jellyfish. Our file is used and optimized for statistical purposes, to contact and offer our content to people who want it.
I – Information we collect
1 – Information you provide to us to use our service
We request and collect the following personal information about you when you wish to use our services.
Account information : When you register to create a user account (Myposeo account), we need certain personal information such as your first name, last name, company name, telephone number, email address.
Information for downloading a study : When you request a download of a study, we need certain information such as your first name, last name, company name, telephone number, email address.
Information for subscribing to our Marketing Newsletter via the Myposeo blog : When you subscribe to our newsletter via the blog www.myposeo.com/blog , we need your email address.
Information for support and our customer service platform : You can contact technical support via your Myposeo account or our customer service platform directly via the website www.myposeo.com , for any questions regarding our tools and services. If you speak directly to one of our support team, you will be asked to provide contact information, a summary of the problem, and any information that can help us resolve the problem.
2 – Information collected automatically from the use of our service
When you use our tools, we automatically collect information about the services you use and how you use them.
Device and Connection Information : We collect information about your computer that you use to access our Services. This device information includes connection type and settings when you use our Services. We also collect information through your device about your operating system, browser type, IP address, referring/exit page URLs.
II – How do we use the information we collect?
1 – To provide, improve and develop our services
Allow you to access and use our services.
Operate, protect, improve and optimize our services.
Provide support to customers: to resolve technical problems you encounter, to respond to your support requests, to improve the services.
Send you update messages, security alerts and account notifications.
2 – To create and maintain a reliable and secure environment
Detect and prevent fraud, spam, abuse and other harmful activities.
Verify or authenticate the information or identifications you have provided.
Comply with our legal obligations.
Apply our terms and conditions and other policies.
3 – To provide, personalize and improve our marketing advertising
Send you promotional newsletters, advertising and other information that may be of interest to you, and social media advertising through Platforms (such as Twitter).
To personalize, measure and improve our advertising.
You can choose not to receive marketing communications from us by following the unsubscribe instructions included in our marketing communications or by changing your notification settings in your Myposeo account or by sending an email to contact@myposeo.com .
Your personal data is not transmitted or disclosed to other third-party services.
II – Other information
Google Analytics and Google Adwords
Some of our tools use Google Analytics and Google Adwords. The use of Google Analytics and Google Adwords is subject to the Google Privacy Policy, the AdWords Terms and Conditions and the Google Analytics Terms and Conditions.
Woopra and Google Tag Manager
We use Woopra and Google Tag Manager tools. The use of Google Tag Manager and Woopra is subject to the data processing terms of Google Tag Manager and the general conditions of Woopra.
IV – Rights
Information management
You can access and update some of your information through your Myposeo account settings or by sending a request to contact@myposeo.com .
Rectification of inaccurate or incomplete information.
You have the right to ask us to correct inaccurate or incomplete personal information about you.
Data retention
After closing the Licensee's account, the data is permanently deleted with the exception of those which may enable Jellyfish to justify the execution of its legal or contractual obligations. The data thus retained is for a limited period and is not subject to any use during this period.
Objection and deletion of data
Where your personal information is processed for direct marketing purposes, you can, at any time, ask us to stop processing your data by sending an email to contact@myposeo.com or by changing your Myposeo account settings.
You can terminate your account at any time by notifying www.myposeo.com of this termination by sending an email to the address contact@myposeo.com and within the framework of the general conditions of use and sale of your subscription taken out.
Data breach and communication within 72 hours
In the event of a violation or suspected violation of personal data, Jellyfish and its subcontractors will notify the CNIL, 72 hours at the latest, after becoming aware of it.
Jellyfish reserves the right to modify this Data Protection Policy at any time. In the event of a substantial modification such as the introduction of a new purpose.
Webedia has appointed a data protection officer responsible for assisting the data controller in complying with the European Regulation. For all questions relating to the protection of personal data in the Webedia group, we provide you with a contact address: dpo@webedia-group.com .
Article 12: Deletion of a licensee’s data
These general conditions of use are applicable to any subscribed account, whether “ Free ” or “ Premium ”, until their termination. The Licensee may terminate his account at any time by notifying www.myposeo.com of this termination by sending an email to the address contact@myposeo.com . Regardless of the closure of his account by the Licensee, the latter will not be able to benefit from any reimbursement or transfer, the sums paid by him being lump sum and irrevocably acquired by Jellyfish on the day of their payment.
In the event of a billing delay of more than 60 days, Jellyfish reserves the right to block full access to the account until payment is obtained.
Article 13: Interruption of service and updates
The Jellyfish company implements all reasonable means at its disposal to ensure availability of the Service.
Jellyfish or one of its licensors cannot be held responsible for any malfunction of the network or servers, or any other event beyond reasonable control, which prevents or degrades the SERVICE .
Jellyfish reserves the exclusive right to update Myposeo to the extent that the TOOL requires modifications, corrections or developments.
A warning of principle will be sent in advance, respecting a notice of 5 (five) working days, by the SERVICE PROVIDER to the LICENSEES and to the various USERS of the TOOL so that they can adapt their various infrastructures according to the new options proposed. This warning will indicate the estimated effective date of the update and will include a technical description detailing all the modifications made to the TOOL allowing , where applicable, third-party APPLICATIONS to be adapted to said updates.
Jellyfish cannot be held liable in the event of a malfunction of third-party APPLICATIONS following updates.
As part of maintenance operations, Jellyfish reserves the right to make the Myposeo TOOL unavailable for a maximum period of 2 working days (48 hours), without prior agreement being necessary from the CUSTOMER , USERS or DEVELOPERS , but subject to notifying the latter in advance in writing within a reasonable period of time.
Maintenance periods are likely to result in unavailability of services for short periods (uploading files, updating methods, tests) always less than 2 days.
Jellyfish cannot be held liable in the event of a malfunction of its TOOL or third-party APPLICATIONS during maintenance phases.
The SERVICE PROVIDER will make its best efforts to ensure that these maintenance periods take place between 10 p.m. and 6 a.m. French time GTM+1.
As part of the various operations mentioned above, Jellyfish cannot be held liable in the event of a malfunction of third-party APPLICATIONS during phases of unavailability of services due to application maintenance or updates.
Article 14: Responsibilities and guarantees
The Service is made available to the Licensee without any guarantee of quality or use for a particular purpose.
No warranty : Except for mandatory legal provisions, Jellyfish offers no warranty of market value or suitability for a specific use of Myposeo.
The information returned by the Myposeo engine is retrieved from search engines using a proprietary parser. Jellyfish guarantees that it has the right to recover this data, that the data returned is faithful to that present on the engines at a time “i” and that it is in no way altered, modified or manipulated before sending it back to the CUSTOMER. However, the behavior of search engines being completely independent of the services offered by Myposeo, Jellyfish cannot guarantee their accuracy over time or with a configuration different from that used at the time of retrieval of the information. Jellyfish will, however, make its best efforts to ensure that the data is accurate and will adapt the SERVICE within a reasonable time following a particularly technical modification of the search engines.
Limitation of liability : the Jellyfish company cannot be held responsible for any damage constituting indirect, incidental, special or immaterial damages and such as recognized by French jurisprudence, and in particular loss of profit or loss of contract, loss of customers or reputation, loss of income whether foreseeable or not, in relation to the contract put in place, particularly in the event of a malfunction of the Myposeo tool.
The CLIENT uses Myposeo with full knowledge and mastery of the technologies made available to them. Jellyfish providing data without any interpretation thereof, the Licensee is solely responsible for the use it makes of this data, particularly in its relations with third parties. In the event that Jellyfish is held liable and a fault established against it, the compensation to which the Licensee may claim cannot exceed the amount paid by the latter for the last License invoice.
Article 15: Price and payment methods
Jellyfish reserves the right to modify the prices of the Service without notice and without notification. The Licensee having previously subscribed to an offer will be affected by this price modification upon a new subscription, renewal or modification of its existing offer. In return for the Service granted by Jellyfish to the Licensee, the latter must pay, before the start of each subscription period and as a subscription, the amount defined on its order form or invoice. Payment can be made in several ways:
online by national or international bank payment card , by secure SSL (Secure Socket Layer) transaction.
Wire Transfer
by check addressed to the Jellyfish company
by SEPA direct debit
Prices and rates are expressed excluding tax to which VAT is added depending on the country in which the LICENSEE 's company is established .
The expiration of your payment method automatically results in the expiration of your account and the offer linked to it. In this case the offers available on our sites and our updated catalog are available, without guarantee of an equivalent offer due to the potential evolution of our pricing.
Article 16: Intellectual property and data ownership
The Service is protected by copyright of which Jellyfish is the exclusive owner. Jellyfish owns the title to the Service , the accompanying documentation, as well as all intellectual property rights relating to the Service and such documentation.
Consequently, any reproduction or total or partial representation of the service by any means whatsoever, without the express authorization of the company Jellyfish is prohibited and would constitute an infringement punishable by articles L 335-2 et seq. of the intellectual property code . The data collected on search engines and recorded in the databases of the Myposeo tool are the exclusive property of Jellyfish. This public data is made available to LICENSEES through the tool.
Article 17: Right of withdrawal
Under the conditions provided for in articles L.121-16 et seq. of the Consumer Code, consumers benefit from the right of withdrawal .
It is recalled that a consumer is a natural person acting for the satisfaction of his personal needs, unrelated to his professional activity. A legal entity or a natural person who acts for professional purposes and who subscribes to a Subscription does not benefit from the right of withdrawal. It is also recalled that Jellyfish and the Licensee have not agreed on any waiver and that the use of the Service by the consumer during the withdrawal period effectively constitutes a waiver. Use of the email address and password assigned to the Licensee constitutes proof of use.
Article L121-20 of the Consumer Code : The consumer has a period of seven clear days to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception, where applicable, of costs. back. The consumer may deviate from this deadline if he is unable to travel and at the same time needs to call upon an immediate service necessary for his living conditions. In this case, he would continue to exercise his right of withdrawal without having to provide reasons or pay penalties.
The period mentioned in the preceding paragraph runs from receipt for the goods or acceptance of the offer for the provision of services.
When the information provided for in article L. 121-19 has not been provided, the period for exercising the right of withdrawal is extended to three months. However, when the provision of this information occurs within three months from receipt of the goods or acceptance of the offer, it causes the period of seven days mentioned in the first paragraph to begin. When the seven-day period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day.
Article L121-20-1 of the Consumer Code : When the right of withdrawal is exercised, the professional is required to reimburse the consumer for all sums paid, as soon as possible and at the latest within thirty days following the date to which this right was exercised. Beyond this, the amount due is automatically subject to interest at the legal rate in force. This repayment is made by any means of payment. On the professional's proposal, the consumer who has exercised his right of withdrawal may, however, opt for another reimbursement method.
Article L121-20-2 : The right of withdrawal cannot be exercised, unless the parties have agreed otherwise, for contracts: 1° For the provision of services whose execution has begun, with the agreement of the consumer, before the end of the seven clear day period.
Article 18: Partial nullity
The nullity, unenforceability or deemed unwritten nature of one or more clauses of these general conditions of use will not result in the entirety of these conditions being null and void.
Article 19: Complaint
Any complaint must be addressed to Jellyfish support exclusively at the headquarters address or by email: contact@myposeo.com .
Article 20: Applicable law – attribution of jurisdiction
The Parties agree to subject the interpretation and execution of these general conditions of use to French law, both for the rules of form and for the substantive rules, with the exception of its rules of conflict of laws and the Vienna Convention on International Sales of Goods.
Unless otherwise provided by law, any dispute relating to the conclusion, validity, interpretation or execution of this contract will fall under the exclusive jurisdiction of the Bobigny commercial court to which jurisdiction is expressly granted, notwithstanding plurality of defendants or warranty appeal, even for emergency or protective procedures, in summary proceedings or by request.
Article 21: Cookies
Third party vendors, including Google, use cookies to serve advertisements based on previous visits to our website. You can opt out of Google cookies by visiting the Google advertising opt-out page.
