MOARTY specializes in developing web solutions for professionals, allowing them to create shortened links to a given URL, post content on social networks, and obtain statistics on the use of these links by users.
These General Conditions define the respective obligations and responsibilities of MOARTY and the Publisher for the use of the Nonli platform and the Services offered by MOARTY.
You acknowledge that these General Conditions are enforceable in the same way as any other written contract that you would have signed and you undertake to comply with them.
Article 1 – DEFINITIONS
The terms used, both in the singular and plural in these General Conditions, shall have the following meanings:
General Conditions or Contract: these general conditions that the Publisher declares to accept and any annexed document.
Publisher's Content: content, information or data (such as text, images, graphic charter, photographs, videos, audio, scripts, computer programs...), in any format or medium, present or accessible on the Target URL, including this Target URL.
Dashboard: pages of the Website accessible after the Publisher has signed the Contract, allowing the Publisher to benefit from the Services.
Publisher: any natural or legal person, acting for professional purposes, who operates one or more websites and associated pages on social networks, and wishes to benefit from the services offered by MOARTY, in particular to offer recommended content to Internet users.
Nonli Link: web hypertext link consisting of a shortened URL, using the nonli domain or the Publisher's domain (at the Publisher's choice), created by the Publisher on the Website and redirecting to the Target URL chosen by the Publisher.
MOARTY: the company MOARTY, simplified joint stock company with a capital of 100,800 euros, registered under the unique identification number 799 004 361 with the Marseille Trade and Companies Register, whose registered office is located at: 45, rue Frédéric Joliot Curie - 13013 Marseille, represented by its president, Moïse Morard.
Results: all information and statistics resulting from the use of the Services and communicated by MOARTY to the Publisher.
Services: services offered to the Publisher on the Website, namely the creation of Nonli links, the possibility of posting these Nonli links on social networks and obtaining statistics on the use of Nonli links created by the Publisher, as described in Article 2 and subject to compliance with this Contract.
Website: infrastructure accessible at the address http://www.nonli.com developed and operated by MOARTY.
Target URL: destination page chosen by the Publisher, to which the corresponding Nonli Link created by the Publisher will redirect.
User: any Internet user who browses the Internet and clicks on a Nonli Link.
Article 2 - OBJECT
These General Conditions define the conditions, restrictions and obligations that the Publisher accepts in the context of the use of the Services offered by MOARTY.
The Publisher acknowledges that these General Conditions prevail over any other documents emanating from MOARTY communicated for information purposes only and which have only indicative value.
The unconditional acceptance of these general conditions will consist in the fact, for the Publisher, of ticking the corresponding box, which will be deemed to have the same value as a handwritten signature.
Article 3 - SERVICES
3.1. Description of Services
Through the Website, MOARTY offers the following Services to the Publisher:
- The creation of Nonli links, which have a reduced number of characters and point to the Target URL chosen by the Publisher;
- The ability to post one or more Nonli links on all or part of the social media accounts entered by the Publisher on the Dashboard;
- Obtaining information and statistics (Results), in particular:
- The number of Nonli links created by the Publisher, the list of these Nonli links and the attached Target URL,
- The number of clicks made by Users on Nonli links as well as the social network on which the Click was made (Facebook, Twitter, LinkedIn, others),
3.2. Ordering and Payment
In exchange for the Services, the Publisher must pay the price agreed in the order form and according to the terms indicated therein. Payment will be made by credit card or bank transfer.
This Contract covers the functionalities, quotas and number of users defined in the order form.
Payment must be made within the time limit specified in the order form or contract. Failing this, MOARTY will not be obliged to provide the Services or give the Publisher access to the Dashboard.
Unless otherwise stated, in the event of failure to pay the price within the specified time limit, the Publisher shall be liable for a management and recovery fee, which shall not be less than a lump sum of 40 euros. In addition, unpaid amounts will give rise to the payment of a late payment penalty equal to three times the legal interest rate without any formal notice being required. In addition, MOARTY may suspend access to the Services and terminate the Contract automatically under the conditions of Article 8 below.
Article 4 - USE OF THE DASHBOARD
The Dashboard allows the Publisher to access the Services, Results and information associated with its account.
It is accessible through the Administrator ID created by MOARTY at the time of signing the Contract, and then by the IDs created by the Publisher for users. These IDs (email address and password) are strictly personal and confidential. The Publisher therefore undertakes not to communicate or share them with third parties. MOARTY may communicate several administrator and/or user accesses at the request of the Publisher.
Under no circumstances shall MOARTY be held liable in the event of identity theft of the Publisher since it does not have the technical means to systematically ensure the identity of persons logging onto the Website.
The use of certain Services requires the provision by the Publisher of information, in particular relating to its social media accounts. When the information provided by the Publisher includes personal data concerning the Publisher or one of its agents or collaborators, the processing of such data shall be governed in accordance with the document "GDPR - Data Processing Agreement", accessible on the Website https://www.nonli.com/fr/rgpd.
The Publisher undertakes to provide accurate information and MOARTY shall not be held liable for any failure to comply with its obligations related to the provision of false information by the Publisher.
Article 5 - PUBLISHER'S OBLIGATIONS
5.1. Use of the Website and Services
The equipment (computer, software, telecommunications means, etc.) allowing access to the Website and Services are the sole responsibility of the Publisher, as are the telecommunication costs incurred by their use.
The Publisher undertakes not to use the Services for illegal purposes or in conditions contrary to these General Conditions. The Publisher prohibits any use of the Services that may harm the Website, its infrastructure or the servers of MOARTY or its suppliers, or interfere with the proper functioning of the Website.
5.2. Publisher Contents
The Publisher undertakes not to use the Services in connection with unlawful content or content that infringes the rights of third parties or the image and reputation of MOARTY. It notably prohibits creating Nonli links related to contents:
- Contrary to good morals and public order, inappropriate, defamatory, insulting, pornographic or pedophilic, obscene, violent, provocative, racial or discriminatory, promoting war crimes, crimes against humanity, or terrorism;
- Infringing the right to privacy, honor or reputation, the right to image or intellectual property rights of third parties, or containing viruses or equivalent programs.
The Publisher declares that they have all the necessary rights over the Publisher Contents for the use of the Services, acknowledges that they are solely responsible for the legality of the Publisher Contents, and guarantees MOARTY accordingly, in accordance with Article 7 of these General Conditions.
The Publisher undertakes to keep the Results in secure conditions and not to disclose or use them in violation of applicable provisions, particularly concerning personal data, and guarantees MOARTY against any claim in this regard.
Article 6 - INTELLECTUAL PROPERTY
6.1. MOARTY's Rights
MOARTY holds all rights and legally operates the Website and Services. The Publisher acknowledges that industrial and intellectual property rights concerning the Website and Services, including any modifications, translations, adaptations, improvements, corrections, or derivative works, are and remain reserved at all times to MOARTY.
The Publisher undertakes not to infringe in any way MOARTY's rights or the Website.
6.2. License granted by the Publisher to MOARTY on the Publisher Contents
The Publisher acknowledges and grants to MOARTY the necessary usage rights for the provision of the Services by the latter, including the right to access, reproduce, display, perform, host, archive, reference the Target URL and the Publisher Contents for the purpose of making them accessible through the corresponding Nonli Link. The Publisher also grants MOARTY the right to analyze the Publisher Contents and the Publisher's website(s), in an anonymous and aggregated form, for the needs of its activity, with the metadata extracted from the Publisher Contents belonging exclusively to MOARTY, which may reuse them freely. To this end, the Publisher acknowledges that they may use the Services only in connection with Publisher Contents they own or on which they hold the rights referred to in this Article.
The Publisher authorizes MOARTY to mention them in its commercial references and on all promotional information media. The Publisher may request in writing that MOARTY suspend this communication if it is not in compliance with their policy.
Article 7 - WARRANTIES AND LIABILITIES
7.1. Warranties and liabilities of MOARTY
MOARTY will use its best efforts to ensure continuous access to the Website and Services, with diligence and in accordance with the rules of the art, except for interruptions required for maintenance, possible breakdowns, technical or legal constraints.
The Publisher acknowledges and agrees that no one can guarantee the proper functioning of the internet as a whole and that it cannot claim compensation in the event of impossibility to access the Services.
The Website and Services are part of a particularly complex domain of computer technology and, based on current knowledge, they cannot materially be subject to tests concerning all possible uses and no other warranty than those described in these General Terms and Conditions can be assumed. In particular, the adequacy of the Services to all the Publisher's needs and requirements, which fall under its sole discretion, cannot be guaranteed.
MOARTY cannot guarantee the exhaustiveness and accuracy of the Results, especially since they depend on the functioning of cookies and their acceptance by Users.
MOARTY assumes an obligation of means in the execution of the Services. MOARTY's liability can only be established in the event of foreseeable damage resulting directly from a proven breach of MOARTY's obligations.
MOARTY will not be responsible for any damage arising from the use of Services that do not comply with the General Terms and Conditions.
MOARTY cannot guarantee permanent, unlimited and perpetual access to Publisher Content through Nonli links, which depend on the validity of the Target URL provided by the Publisher.
MOARTY only has a passive role in the reproduction or display of Publisher Content through the Nonli Link. It has no knowledge of it, does not control it, and does not personally share the Publisher Content.
In particular, MOARTY is not responsible for the Publisher Content, its accuracy, legality, quality, or decency. MOARTY has no knowledge of the Publisher Content and does not perform any control over it. These Publisher Contents are the sole responsibility of the Publisher.
The Publisher expressly acknowledges that the Results cannot engage MOARTY, especially since the Publisher and the Users have a preponderant share in the use of the Services and, on the other hand, since the Results are the result of an automated analysis and cannot prejudge the behavior of Users.
MOARTY cannot be held responsible for the actions or omissions of third parties to the Contract, in particular the Users, social networks, and other websites on which the Nonli links are posted.
In any case, MOARTY cannot be held responsible towards the Publisher, including in the event of a third-party claim, for all claims or costs related to any indirect damages, including but not limited to any loss of profit, business, data, records or Publisher Content, any interruption of activity or inability to access the Services and Publisher Content and/or use them; or inability to use the Services due to the use of unsuitable hardware or software.
In any case, MOARTY's total liability will be strictly limited and may not, under any circumstances, exceed the amount actually paid by the Publisher to MOARTY for the use of the services, in the last month preceding the damage.
7.2. Warranties and liabilities of the Publisher
The Publisher must have the skills, equipment, software, and authorizations required for the use of the Internet and Services. In addition, the Publisher undertakes to comply with these instructions and recommendations as well as all updates subsequently communicated by MOARTY.
The Publisher must ensure the legality and regularity of the Publisher Content, it being understood that the content circulating on the Internet may, in particular and without limitation, be subject to property rights, infringe third parties, be contrary to current legislation, or contain errors, viruses, or equivalent programs.
The Publisher is solely responsible for the use it makes of the Services, Nonli links, and Results, and any resulting harmful consequences, vis-à-vis MOARTY, Users, or third parties.
The Publisher guarantees MOARTY against any claim related to Publisher Content or the failure by the Publisher to comply with its legal or contractual obligations, including all compensation, costs, and attorney's fees that may be imposed on MOARTY in this regard.
Article 8 - DURATION AND TERMINATION
The General Terms and Conditions come into effect from the signature of the contract or the purchase order for the indicated duration (unless otherwise specified, annual or monthly commitment).
The Contract will be automatically extended by tacit renewal for the same duration, except for termination before the end of the current period by either Party in writing or, where applicable, through the functionality provided for this purpose on the Website or Dashboard. In the event of termination, the following notice periods must be respected: for a contract without commitment: 1-month notice; for a contract of one year: 3-month notice; and for a contract of 2 years or more: 6-month notice. Termination during the period cannot give rise to a refund of the amount paid by the Publisher at the beginning of the period.
Furthermore, each Party may terminate the Contract automatically at any time in the event of the other Party's failure to fulfill its obligations, by sending a registered letter with acknowledgment of receipt identifying the failure, which has remained ineffective for a period of 30 days.
In addition, in the event of non-compliance by the Publisher with this Contract, and in particular in the event of non-payment, MOARTY may suspend the Services, in particular by making the Dashboard inaccessible after sending a notification to the Publisher.
In the event of termination for any reason whatsoever, the Publisher must stop using the Services, including Nonli links, which will be disabled. In this case, MOARTY will deactivate the Publisher's access to the Dashboard within 10 days from the date of termination. It is the Publisher's responsibility to retrieve its data present on the Dashboard, in particular Results and invoices, within this period.
The provisions that must survive the termination of the Contract, including Article 7, will continue to apply.
Article 9 - PERSONAL DATA AND COOKIES
MOARTY is committed to protecting the privacy of the Publisher and Users, complying with applicable law, and providing optimized navigation on the Website and Services.
The protection and methods of processing personal data provided by the Publisher to MOARTY in the context of executing the Contract are detailed in the document “GDPR - Data Processing Agreement”, accessible on the Website https://www.nonli.com/en/gdpr.
The Nonli platform, provided by MOARTY, is identified on the CNIL website as a solution that can be configured to fall within the scope of the exemption from consent collection. https://www.cnil.fr/en/cookies-solutions-for-audience-measurement-tools
Indeed, the purpose of Nonli is limited to the sole measurement of the site or application's audience for the exclusive account of the Publisher. The produced statistical data is only anonymous.
The Publisher has the option of using their own technologies and collecting User data for their own account, provided they ensure compliance with applicable provisions and guarantee MOARTY against any related requests.
MOARTY will, upon the Publisher's request, provide information regarding the cookies read and/or stored on the browsers of Users due to their connection to the Publisher's website(s).
The Publisher acknowledges and accepts that cookies do not allow MOARTY or the Publisher to collect personal data that could directly or indirectly identify Users in the context of using the Services. Therefore, the provisions applicable to personal data do not apply to Users.
Article 10 - GENERAL PROVISIONS
10.1. Intuitu personae
The Contract is concluded "Intuitu personae." The Publisher may not transfer or assign any of its rights and obligations arising from this Contract without MOARTY's agreement.
The fact that one of the Parties does not require strict performance by the other Party of any provision or condition of these General Conditions at any time shall not be deemed to be a definitive waiver of that provision or condition.
10.3. Nullity of a clause
If any provision of the General Conditions is found to be void or unenforceable under a law or regulation or as a result of an enforceable decision of a competent court or authority, the Parties expressly agree that the General Conditions shall not be affected by the nullity of the clause in question.
10.4. Applicable law and disputes
These General Conditions are subject to French law. Any disputes that may arise in connection with their validity, performance, or termination must, prior to any legal action and except in cases of urgency or as provided by law, be the subject of discussions between the Parties with a view to reaching an amicable settlement.
In the absence of an amicable resolution within one month from the notification of the dispute by one party to the other party, these disputes shall be under the exclusive jurisdiction of the courts in the jurisdiction where MOARTY is headquartered.