MOARTY specializes in the development of web solutions for professionals, enabling the creation of shortened links to a given URL, the posting of content on social networks and the collection of statistics on the use of these links by Internet users.
These Terms and Conditions define the respective obligations and responsibilities of MOARTY and the Publisher regarding the use of the Nonli platform and the Services offered by MOARTY.
You acknowledge that these Terms and Conditions are enforceable in the same way as any other written contract you may have signed and you undertake to comply with them.
1. Article 1 – DEFINITIONS#
The terms used, in both plural and singular form, in these Terms and Conditions have the following meaning:
Terms and Conditions or Contract: these terms and conditions which the Publisher declares to accept, and any annexed document.
Publisher Content: content, information or data (such as texts, images, graphic charter, photographs, videos, audio, scripts, computer programs, etc.), whatever their format or medium, present or accessible on the Target URL, including this Target URL.
Dashboard: pages of the Website accessible after the Publisher signs the Contract, allowing the Publisher to benefit from the Services.
Publisher: any individual or legal entity, 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: a 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, a simplified joint-stock company with capital of 100,800 euros, registered under unique identification number 799 004 361 with the Marseille Trade and Companies Register, whose registered office is located at 73, rue Saint-Jacques – 13006 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 ability to post these Nonli links on social networks and the collection of statistics relating to the use of the Nonli links created by the Publisher, as described in article 2 and subject to compliance with this Contract.
Website: infrastructure accessible at 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.
2. Article 2 – PURPOSE#
These Terms and Conditions define the conditions, restrictions and obligations that the Publisher accepts as part of the use of the Services offered by MOARTY.
The Publisher acknowledges that these Terms and Conditions prevail over any other documents from MOARTY communicated for information purposes only and which have only an indicative value.
Unreserved acceptance of these terms and conditions will consist, for the Publisher, in ticking the corresponding box, which will be deemed to have the same value as a handwritten signature.
3. Article 3 – SERVICES#
3.1. Description of the 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 some of the social network accounts entered by the Publisher on the Dashboard;
- The collection of 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 the Nonli links as well as the social network on which the Click was made (Facebook, Twitter, LinkedIn, others),
3.2. Order and payment#
In return for the Services, the Publisher must pay the price agreed in the purchase order and according to the terms indicated therein. Payment will be made by credit card or bank transfer.
These Terms and Conditions cover the features, quotas and number of users defined in the purchase order.
Payment must be made within the time period specified in the purchase order or contract. Failing this, MOARTY will not be required to provide the Services or to give the Publisher access to the Dashboard.
Unless otherwise stated, in case of failure to pay the price within the time period provided, the Publisher will be liable for a management and recovery fee, which cannot be less than the lump sum fee of 40 euros. In addition, unpaid amounts will give rise to the payment of a late penalty equal to three times the legal interest rate without any formal notice being required. Furthermore, MOARTY may suspend access to the Services and terminate the Contract as of right under the conditions of article 8 below.
4. Article 4 – USE OF THE DASHBOARD#
The Dashboard allows the Publisher to access the Services, Results and information associated with their account.
It is accessible through the Administrator identifier created by MOARTY when the Contract is signed, then through the identifiers created by the Publisher for the users. These identifiers (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 multiple administrator and/or user accesses at the Publisher's request.
Under no circumstances may MOARTY be held liable in the event of impersonation of the Publisher, given that it does not have the technical means to systematically verify the identity of persons connecting to the Website.
The use of certain Services requires the Publisher to provide information, in particular relating to their social network accounts. When the information provided by the Publisher contains personal data relating to the Publisher or one of its employees or collaborators, the processing thereof will be governed in accordance with the "GDPR - Data Processing Agreement" document, accessible on the Website at https://www.nonli.com/en/gdpr
The Publisher undertakes to provide accurate information and MOARTY cannot be held liable for any breach of its obligations linked to the Publisher providing false information.
5. Article 5 – PUBLISHER OBLIGATIONS#
5.1. Use of the Website and Services#
The equipment (computer, software, telecommunications means, etc.) allowing access to the Website and Services is the sole responsibility of the Publisher, as are the telecommunication costs induced by their use.
The Publisher undertakes not to use the Services for unlawful purposes or under conditions contrary to these Terms and Conditions. The Publisher refrains from any use of the Services likely to harm the Website, its infrastructure or the servers of MOARTY or its suppliers, or to interfere with the proper functioning of the Website.
5.2. Publisher Content#
The Publisher undertakes not to use the Services in connection with unlawful content or content infringing the rights of third parties or the image and reputation of MOARTY. The Publisher refrains in particular from creating Nonli links in connection with content:
- Contrary to morality and public order, inappropriate, defamatory, insulting, pornographic or pedophilic, obscene, violent, provocative, racial or discriminatory in nature, glorifying war crimes, crimes against humanity, or terrorism;
- Infringing the right to privacy, honor or reputation, image rights or third-party intellectual property rights, or containing viruses or equivalent programs.
The Publisher declares that they hold all rights to the Publisher Content necessary for the use of the Services, acknowledges that they are solely responsible for the lawfulness of the Publisher Content and warrants MOARTY in this regard, in accordance with article 7 of these Terms and Conditions.
5.3. Results#
The Publisher undertakes to retain the Results, under secure conditions and not to disclose or use them in violation of applicable provisions, particularly with regard to personal data, and warrants MOARTY against any claim in this regard.
6. Article 6 – INTELLECTUAL PROPERTY#
6.1. MOARTY Rights#
MOARTY owns all rights and legally operates the Website and the Services. The Publisher acknowledges that the industrial and intellectual property rights relating to the Website and the Services, including all 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 the rights of MOARTY or the Website.
6.2. License granted by the Publisher to MOARTY on the Publisher Content#
The Publisher acknowledges and grants MOARTY the usage rights necessary for the provision of the Services by the latter, including the right to access, reproduce, display, execute, host, archive, reference the Target URL and the Publisher Content in order to make them accessible through the corresponding Nonli Link. The Publisher also grants MOARTY the right to analyze the Publisher Content and the Publisher's website(s), in an anonymous and aggregated form, for the needs of its activity, it being specified that the metadata extracted from the Publisher Content will belong exclusively to MOARTY who may freely reuse them. To this end, the Publisher acknowledges that they may only use the Services in connection with Publisher Content belonging to them or for which they hold the rights referred to in this article.
6.3. References#
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 does not comply with its policy.
7. Article 7 – WARRANTIES AND LIABILITIES#
7.1. MOARTY's warranties and liabilities#
MOARTY will make its best efforts to allow continuous access to the Website and the Services, with diligence and in compliance with the rules of the art, except for interruptions required for maintenance, possible breakdowns, technical or legal constraints.
The Publisher acknowledges and accepts that no one can guarantee the proper functioning of the Internet as a whole and that they may not claim compensation in the event of inability to access the Services.
The Website and Services falling within a particularly complex area of computer technology and given the current state of knowledge, they cannot materially be tested with regard to all possibilities of use and no warranty other than those described in these Terms and Conditions can be assumed. In particular, the adequacy of the Services to all the needs and requirements of the Publisher, which fall under their sole assessment, cannot be guaranteed.
The Nonli SDK is designed as a specific tool for analyzing traffic on articles from media sites and optimizing their distribution. It is not intended to replace a complete analytics solution such as Google Analytics, Piano Analytics, Wysistat Business, etc. It is important to note that the Nonli SDK works without depositing cookies, which strengthens its compliance with data protection regulations while offering an accurate analysis of content performance. This technological evolution allows the Publisher to benefit from a traffic analysis solution without the constraints linked to managing user consent for cookies.
MOARTY assumes a best-efforts obligation 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 by MOARTY of its obligations.
MOARTY shall not be liable for any damage originating from the use of the Services not in accordance with the Terms and Conditions.
MOARTY cannot guarantee permanent, unlimited and perpetual access to the Publisher Content through the Nonli links, which depend on the validity of the Target URL provided by the Publisher.
MOARTY has only a passive role in the reproduction or display of the Publisher Content through the Nonli Link. It does not take cognizance of, exercise any control over, or personally share the Publisher Content.
In particular, MOARTY is not responsible for the Publisher Content, its accuracy, lawfulness, quality or decency. MOARTY has no knowledge of the Publisher Content and performs no control over it. This Publisher Content is under the sole responsibility of the Publisher.
The Publisher expressly acknowledges that the Results cannot bind MOARTY, in particular to the extent that the Publisher and the Users have a preponderant part in the use of the Services and on the other hand, to the extent that the Results are the fruit of an automated analysis and cannot prejudge the behavior of the Users.
Nor can MOARTY be held liable for the actions or omissions of third parties to the Contract, in particular Users, social networks and other websites on which the Nonli links are posted.
Under no circumstances may MOARTY be held liable to the Publisher, including in case of a third-party claim, for any claims or costs whatsoever related to any indirect damages including but not limited to any loss of earnings, loss of operation, profits, data, recordings or Publisher Content, any interruption of activity or inability to access the Services and Publisher Content and/or to use them; or the inability to use the Services due to the use of unsuitable hardware or software.
In any event, the total liability of MOARTY will be strictly limited and may not in any case 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. Publisher's warranties and liabilities#
The Publisher must have the skills, hardware, software and authorizations required for the use of the Internet and the Services. In addition, the Publisher undertakes to respect these instructions and recommendations as well as any updates subsequently communicated by MOARTY.
The Publisher must ensure the legality and regularity of the Publisher Content, it being specified that 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 their use of the Services, Nonli links and Results, and any damaging consequences resulting therefrom, with respect to MOARTY, Users or third parties.
The Publisher guarantees compliance by their employees or collaborators with the provisions of the Terms and Conditions as part of the use of the Services.
The Publisher is solely responsible for their possible relationship with the Users, in particular those who visit their website(s).
The Publisher warrants MOARTY against any claim related to Publisher Content or to the Publisher's failure to comply with their legal or contractual obligations, including all compensation, costs and attorney fees that may be charged to MOARTY in this regard.
8. Article 8 – DURATION AND TERMINATION#
The Terms and Conditions enter into force from the signing of the contract or purchase order, for the indicated duration (unless otherwise stated, annual or monthly commitment).
The Contract will automatically renew by tacit renewal for the same duration, unless terminated before the end of the current period by one of the Parties in writing or, where applicable, through the functionality provided for this purpose on the Website or the Dashboard. In case of termination, the following notice periods must be respected: for a contract without commitment: 1 month notice; for a one-year contract: 3 months notice; and for a contract of 2 years or more: 6 months notice. Termination during a period shall not give rise to reimbursement of the amount paid by the Publisher at the beginning of the period.
In addition, each Party may terminate the Contract as of right at any time in case of breach by the other Party of its obligations, by sending a registered letter with acknowledgment of receipt identifying the breach, which has remained without effect for a period of 30 days.
In addition, in case of non-compliance by the Publisher with this Contract, and in particular in case of non-payment, MOARTY may suspend the Services, in particular make the Dashboard inaccessible after sending a notification to the Publisher.
In case of termination for any reason whatsoever, the Publisher must cease using the Services, and in particular the Nonli links which will be deactivated. In this case, MOARTY will deactivate access to the Publisher's Dashboard within 10 days from the date of termination. It is the Publisher's responsibility to retrieve their data on the Dashboard, in particular the Results and invoices, within this period.
The provisions intended to survive the termination of the Contract, in particular article 7, will continue to apply.
9. Article 9 – PERSONAL DATA AND COOKIES#
MOARTY is committed to protecting the privacy of the Publisher and Users, to compliance with applicable law, as well as to offering optimized navigation on the Website and Services.
The protection and methods of processing personal data provided by the Publisher to MOARTY as part of the execution of the Contract are detailed in the "GDPR - Data Processing Agreement" document, accessible on the Website at https://www.nonli.com/en/gdpr
This clause relates to the policy applicable to the use of cookies by MOARTY as part of the provision of the Services.
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/fr/cookies-solutions-pour-les-outils-de-mesure-daudience
Indeed, the purpose of Nonli is limited to measuring the audience of the site or application solely on behalf of the Publisher. The statistical data produced is anonymous only.
The Publisher naturally has the option of using their own technologies and collecting User data on their own account, provided they ensure compliance with applicable provisions and warrant MOARTY against any claim in this regard.
MOARTY uses cookies on its Website and as part of the Services, under the conditions set out in the Cookies policy accessible on the Website.
The Nonli audience analysis solution does not deposit any cookies in the Users' browsers when they visit the Publisher's website(s). The data collected is strictly anonymous and does not allow Users to be individually identified.
10. YouTube API Services#
Nonli uses YouTube API Services for content management and statistics. "By using Nonli services that integrate with YouTube, you agree to be bound by the YouTube Terms of Service".
11. Article 10 – GENERAL PROVISIONS#
11.1. Intuitu personae#
The Contract is concluded "Intuitu personae". The Publisher may not transfer or assign in any way all or part of its rights and obligations resulting from this Contract without the agreement of MOARTY.
11.2. Tolerance#
The fact that one of the Parties does not require, at any time, strict performance by the other Party of any provision or condition of these Terms and Conditions, shall not be deemed to constitute a definitive waiver of that provision or condition.
11.3. Nullity of a clause#
If one of the clauses of the Terms and Conditions proves to be null or inapplicable by virtue of a law or regulation or following an enforceable decision of a court or competent authority, the Parties expressly agree that the Terms and Conditions will not be affected by the nullity of the clause in question.
11.4. Applicable law and disputes#
These Terms and Conditions are governed by French law. All disputes that may arise in connection with their validity, execution and termination must, prior to any legal action and except in case of emergency or in cases provided for by law, be the subject of discussions between the Parties with a view to an amicable settlement.
Failing amicable resolution within one month from the notification of the dispute by one party to the other party, these disputes will be the exclusive jurisdiction of the courts in whose jurisdiction the registered office of MOARTY is located.