Terms & Conditions

Terms of Service (last update: January 3, 2025)

This is an Agreement between you and Moojito SAS, operating under the brand Favikon, with a registered office at 5 avenue du Général de Gaulle, France (hereinafter referred to as “Favikon”), that describes the Terms of Service (“Terms”) regarding your access to and use of content, reports, documents, products, and online services (collectively referred to as the “Services”) made available through Favikon.com (referred to collectively as the “Site”). Please read these Terms carefully, as they govern your use of the Site and Services.

1. Agreement Acceptance

By accessing or using the Site and/or Services, you agree to comply with and be bound by these Terms, whether on your own behalf or on behalf of a legal entity you represent. If you are entering into these Terms on behalf of a legal entity, you confirm that you have the authority to bind that entity and its affiliates to these Terms. If you do not agree with these Terms, you are prohibited from accessing or using the Site and Services.

2. Amendments

Favikon reserves the right to revise, amend, or change these Terms at any time without prior notice. It is your responsibility to review these Terms periodically. Your continued use of the Services after changes take effect constitutes your acceptance of the updated Terms. If you do not agree with the modifications, you must stop using the Services.

3. Your Use of the Services

Favikon grants you a limited, non-exclusive, non-transferable, personal, and non-assignable license to use the Site and Services in accordance with these Terms. You agree not to reproduce, resell, or modify the Services without explicit written permission from Favikon. You are prohibited from reverse-engineering, decompiling, or creating derivative works from the Services. Compliance with all applicable laws and regulations is required when using the Site and Services.

4. Provision of the Services

Favikon reserves the right to modify, suspend, or terminate any aspect of the Services at any time without prior notice. Favikon may disable access to Services in cases of non-payment or material breach of these Terms, potentially preventing you from accessing your content stored on the Site. Each user is permitted to operate only one account.

5. Security

You agree to provide accurate and up-to-date information during the registration process. You are responsible for safeguarding your tokens, keys, and passwords, and you must notify Favikon immediately of any unauthorized use or security breaches. Favikon may access your credentials for technical or billing support and to maintain or improve the Services.

6. Privacy Policy

6.1. You acknowledge that when processing personal data of individuals obtained through your use of the Site and the Services, you may become a “controller” of personal data for the purposes of data protection laws, including the EU General Data Protection Regulation (GDPR).

6.2. If the GDPR applies to you, you acknowledge that, as between you and Favikon (each a “Party” and together the “Parties”):

• Each Party is an independent controller for the purposes of the GDPR in relation to personal data that Favikon (a) obtains from you to administer the Services, including billing and collections, and (b) obtains from third-party sources and provides to you through the Site and the Services (the “Creator Data”).

• The Parties do not jointly determine the purposes and means of processing Creator Data and do not act as joint controllers.

6.3. Subject to Clause 6.2, you agree that, in relation to personal data you provide to Favikon when you make use of the Site and the Services (“Your Data”), you act as an independent controller for the purposes of the GDPR, and Favikon acts as your processor. You agree that:

• Favikon will process Your Data to provide certain elements of the Services in accordance with your instructions, which are documented in this Agreement. Unless prohibited by applicable law, Favikon will inform you if it is subject to a legal obligation that requires processing of personal data contrary to your instructions.

• Taking into account the state of the art, implementation costs, nature, scope, context, and purposes of the processing, as well as the risks to the rights and freedoms of natural persons, Favikon will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. Favikon will notify you without undue delay upon becoming aware of a personal data breach involving Your Data. Favikon will ensure that all personnel authorized to process Your Data are bound by confidentiality obligations.

• You authorize Favikon to engage processors to fulfill obligations under this Agreement. Favikon will enter into written agreements with such processors that impose obligations required under the GDPR and notify you of any intended changes to its processors.

• Favikon will assist you, as appropriate, by implementing technical and organizational measures to:

• Comply with requests by data subjects to exercise their rights.

• Conduct data protection impact assessments and prior consultations with supervisory authorities.

• Notify supervisory authorities of personal data breaches.

• If Favikon transfers personal data to any country outside the European Economic Area (EEA), it will ensure compliance with GDPR transfer requirements.

• You may request the return of Your Data within thirty (30) days after the termination of your access to the Services, in accordance with Clause 11.

6.4. You agree to collect, use, and disclose the personal data of influencers and creators in a fair and lawful manner. You will not use the personal data of influencers and creators for any unlawful or unethical purposes and will respect their reasonable expectations of privacy.

6.5. If you violate these Terms or engage in any unlawful or unethical behavior, Favikon reserves the right to terminate your access to the Services at any time, without notice. Favikon is committed to ensuring the fair and lawful treatment of personal data and will not tolerate violations of these principles.

7. Charged Services

Some features of the Services are associated with fees (“Charged Services”) and are accessible via a subscription model. Subscription plans are billed in EUR unless stated otherwise. Payments can be made upfront or in monthly installments. Subscriptions are non-refundable. Non-payment may result in suspension or termination of your access to the Services. If terminated, you remain liable for any unpaid fees.

8. Content

Data provided by Favikon is for informational purposes only. Favikon does not guarantee the accuracy or completeness of the data and is not liable for errors. You acknowledge that access to third-party platforms may be required to generate content, which may be restricted by those platforms. If you share data or content generated by Favikon, you must acknowledge Favikon as the source and include a link to Favikon’s website.

9. Restrictions

You may only use the Service as specified above. You are restricted from using the Service for any other purposes, including:

9.1. You may only use the Service to the extent outlined in your subscription plan. Details about your plan can be accessed in your Favikon account or as otherwise agreed upon in writing.

9.2. Using Charged Services without meeting payment obligations.

9.3. Using any means to modify, reroute, or bypass the Service.

9.4. Broadcasting, reproducing, republishing, posting, transmitting, or distributing any part of the Services, except as expressly permitted by these Terms or agreed upon with Favikon.

9.5. Assigning, syndicating, reselling, or otherwise making available information obtained via the Service to third parties, unless specifically agreed in writing with Favikon.

9.6. Copying, modifying, creating derivative works, reverse engineering, or reverse assembling the Service, or otherwise attempting to discover any source code, or enabling any third party to do so.

9.7. Using the Services in any way that harms Favikon, its affiliates, resellers, distributors, customers, service providers, and/or suppliers, as determined solely by Favikon.

9.8. Using the Services in a manner that could damage, disable, overburden, or impair the Services or interfere with another party’s use and enjoyment of the Services.

9.9. Using any meta tags or “hidden text” utilizing Favikon’s name, trademarks, or branding without prior written consent from Favikon.

9.10. Displaying the Site in frames or employing any techniques to present the Site or its content without Favikon’s prior written consent.

9.11. Using the Services in any manner contrary to applicable third-party terms of use or other agreements, including any requirements for securing permission prior to utilizing content.

9.12. Using the Services to “stalk,” harass, or otherwise harm another individual.

9.13. Employing any techniques to compile false, misleading, or deceptive information or content.

9.14. Engaging in activities that harm minors in any way.

9.15. Providing material support or resources to organizations designated by applicable governments as terrorist organizations or in violation of international laws.

9.16. Using the Services in a manner that violates or infringes the rights of third parties, including but not limited to intellectual property rights such as copyrights, trademarks, and patents.

9.17. Using the Services to gain unauthorized access to third-party services, user accounts, computer systems, or networks.

9.18. Using the Favikon domain name or contact details as a pseudonymous reply email, postal address, or return address for communications originating from other locations, or impersonating Favikon or third parties in any way.

9.19. Creating multiple tokens, keys, or credentials for disruptive or abusive purposes, or with overlapping use cases. Abuse of tokens or credentials may result in their suspension or termination without notice. Violations of these Terms of Service may result in permanent suspension of all tokens, keys, or access credentials.

9.20. Creating multiple accounts or subscription plans for a single user. If multiple accounts or plans are detected, Favikon reserves the right to terminate them without notice or refund at its sole discretion.

10. Publicity

You grant Favikon the right to include your name and company logo in its customer list and promotional materials.

11. Cancellation or Termination

You may cancel the Services at any time. However, no refunds will be issued for unused portions of your subscription. Favikon may terminate your access for non-payment or breach of these Terms.

12. Proprietary Rights

All content, trademarks, and intellectual property on the Site and Services are the property of Favikon or its licensors. You agree not to reproduce or distribute any materials without permission.

13. Contact Us

If you have questions, please contact us at support@favikon.com or at: Moojito SAS (Favikon), 5 avenue du Général de Gaulle, 94160 Saint Mandé, France.