Legal notice
The website mirrorprofiles.com is published by Stepward SAS, a société par actions simplifiée with a share capital of €10,000, registered with the Bordeaux Trade and Companies Register under number 917 601 619, whose registered office is at 70 rue Naujac, 33000 Bordeaux, France. Intra-community VAT number: FR62917601619.
Contact: contact@mirrorprofiles.com, +33 7 44 30 58 29.
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The following general terms and conditions of MirrorProfiles (hereinafter referred to as the “General Terms”) govern the relationship between Stepward, a société par actions simplifiée registered with the Trade and Commercial Register of Bordeaux under number 917601619, whose registered office is located at 70 rue Naujac, 33000 – Bordeaux, France (hereinafter referred to as “MirrorProfiles”) and any natural or legal entity using the services of MirrorProfiles, (hereinafter referred to as the “Client”).
MirrorProfiles and the Client are hereinafter referred to collectively as the “Parties” and individually as a “Party”.
The Client expressly accepts the General Terms, which it acknowledges having read, understood, and accepted without reservation. Otherwise, the Client will not be able to access or use the Profiles.
Article 1: Definitions
The terms and expressions whose first letter is capitalized in these General Terms have the meaning defined in this article, used either as singular or plural:
- “Collected Data” means data relating to Client’s prospects and clients generated and/or obtained via the Profiles on the basis of information provided by Client.
- “Confidential Information” means any information communicated (written, orally or by any other mean) directly or indirectly by MirrorProfiles to the Client prior or after these General Terms’ entry into force including, without limitations, the information related to the Profiles as well as the operations, processes, plans, know-how, commercial secrets, inventions, techniques, commercial opportunities, and activities of MirrorProfiles.
- “Force Majeure” means the events external to the Parties, unpredictable and unstoppable, as defined by French case law, the following events shall be deemed to constitute a case of Force Majeure (without purporting to be an exhaustive list): war (declared or not); terrorist act; invasion; rebellion; blockade; sabotage or act of vandalism; strike or social dispute, total or partial, external to both Parties; bad weather (in particular flooding, storms and hurricanes); events declared as “natural disasters”; zombie invasion; fire; epidemic; transport or supply blockades (particularly energy); failure of electrical energy, heating, air conditioning supplies, of the telecommunication or data transport network; satellite failure.
- “Personal Data” means the personal data that are intended to be processed via the Profiles.
- “Profile” means a dedicated LinkedIn account with a fictitious identity generated by artificial intelligence, prepared and warmed up by MirrorProfiles and made available to the Client for its B2B prospecting activities.
- “Order Form” means the commercial proposal for the provision of the Profiles submitted by MirrorProfiles and accepted by Client.
- “Subscription Plan” means one of the different subscription plans described in the relevant Order Form and grants a limited number of Profiles.
- “Users” means an identified user, a natural person authorized by the Client to access Profiles in accordance with the provisions of these General Terms.
Article 2: Purpose
The purpose of the General Terms is to define the conditions under which MirrorProfiles grants the Client the right to use the Profiles.
The provision of any additional services is excluded from the scope of the Agreement and is subject to the conclusion of an ad hoc agreement between the Parties.
Article 3: Description, access and use of Profiles
Description of Profiles
MirrorProfiles makes dedicated LinkedIn accounts available to the Client, prepared and warmed up by MirrorProfiles before delivery, to be used exclusively for B2B sales prospecting. The Client runs its own prospecting with the tools of its choice; MirrorProfiles provides the accounts, their technical maintenance and support. The identities of the Profiles are fictitious and generated by artificial intelligence: they are not associated with any real individuals, and any resemblance to actual persons, living or deceased, is purely coincidental.
Profiles include a first name, last name, professional experience, training, a photo, and a network. The photos used for the Profiles are artificial-intelligence-generated and are not subject to any copyright or intellectual property rights. MirrorProfiles represents and warrants that no third-party rights, including copyright or image rights, are infringed in the creation and use of these Profiles.
Depending on the Subscription Plan to which the Client has subscribed, it has a certain number of Profiles to send connection requests, interact with prospects and run its outreach campaigns.
Access to Profiles
To access the Profiles, the Client must create access to the MirrorProfiles platform via a third tool by entering an email address and create a password. The Client is solely responsible for the security of the logins and passwords.
The Client agrees to promptly notify MirrorProfiles of any actual or suspected unauthorized access to a login, password and/or Profiles.
Any action performed via a login assigned to the Client will be deemed to have been performed by the Client, unless the Client has previously reported the relevant login as lost or stolen, allowing MirrorProfiles a reasonable period of time to deactivate the affected Profile.
Users are fully responsible for safeguarding the confidentiality of their password. In this regard, User must ensure, at the end of each session, that they have effectively logged out of their account.
MirrorProfiles reserves the right to access the Profiles during the rental period for support or compliance verification purposes without being responsible for any actions performed on the Profiles.
Use of Profiles
The Client acknowledges that its Profile(s) may be restricted, in particular due to intensive use of LinkedIn.
In the event of a restriction affecting a Profile, the Client shall notify MirrorProfiles within seven (7) days from the occurrence of such restriction. Upon receipt of such notification, MirrorProfiles shall provide the Client with a replacement Profile within forty-eight (48) hours.
MirrorProfiles undertakes to replace the Profile provided that the Client has complied with these General Terms and with MirrorProfiles’ rules as provided below.
MirrorProfiles remains the sole owner of the Profiles, while the Client has exclusive usage rights for the duration of the rental period. In case of non-payment or termination of the Subscription Plan, the Client will lose access to the Profile, with no guarantee of retrieval, as availability will depend on stock at the time.
In order to use the Profiles, the Client undertakes to:
- comply with the rules set out by MirrorProfiles at the following address https://mirrorprofiles.com/linkedin-account-rules/. These rules are updated frequently, and the Client and Users must consult them regularly;
- use the Profiles in compliance with applicable laws and regulations;
- comply with all guidelines as provided by MirrorProfiles from time to time;
- have the appropriate skills to use the Profiles and their associated features;
- not to modify the name, surname, professional experience, training and previous LinkedIn posts;
- not to import into the Profiles any data that may damage the Profiles and/or infringe the rights of any third party;
- not to send automatic external links through the Profiles;
- not to send messages to existing contacts in the Profile contact list (if the User wishes to contact a person already in the Profile’s contact list, he/she must delete that person from the contact list and send him/her a new contact request).
Violation of any of these obligations may result in the immediate termination of the Client’s access to the Profiles and suspension of the Subscription Plan without refund.
The Client acknowledges that all confidential or sensitive information must be deleted from the Profiles before the end of the Subscription.
Spam or any form of unsolicited communication is strictly prohibited. Only one automation tool may be connected to a Profile at a time. The Client shall keep each Profile within LinkedIn’s usage limits and within the activity levels set out in MirrorProfiles’ rules, available at https://mirrorprofiles.com/linkedin-account-rules/.
The Client shall not publish or engage in politically incorrect, hateful, racist, or discriminatory content and must treat all members of the MirrorProfiles community with respect and courtesy.
The Client is solely responsible for any actions performed using the rented Profile and must ensure that such actions comply with applicable laws and regulations and are carried out with the consent of the individuals or companies involved.
Subscription
MirrorProfiles grants the Client a personal, non-exclusive, non-transferable, and non-assignable right, for the whole world and for the duration of the Subscription Plan, to use the Profiles for its own internal needs only under the conditions and within the limits specified in the General Terms.
Depending on the Subscription Plan, the Client will have a certain number of Profiles.
In the event that the Client wishes to increase the number of Profiles, it may purchase extra Profiles by paying an additional fee. The Client may request additional Profiles directly through the client portal, which will be delivered within a maximum of forty-eight (48) hours from the payment confirmation.
If a waiting list is in place, replacement requests will be prioritized over new Profile rentals. Consequently, the Client acknowledges that the delivery of additional Profiles may exceed the forty-eight (48) hour period. If the forty-eight (48) hour period is not respected for any other reason, MirrorProfiles undertakes to reimburse the Client.
In the event of a replacement request, the Client’s account will be credited on a prorated basis for the period between the expiration of the forty-eight (48) hour timeframe and the actual replacement date. In the event of an additional rental, the Client’s account will be updated so that the renewal date of the Subscription Plan aligns with the actual delivery date of the additional Profile, without any extra cost.
The Client is prohibited, directly or indirectly, and undertakes to prohibit any person from using the Profiles, except with the express, prior, and written consent of MirrorProfiles to (i) transfer, use or export the Profiles in breach of applicable regulations; and (ii) to provide Profiles to third parties, free of charge or for a fee, based on the Profiles and/or to grant access, in whole or in part, to the Profiles, in particular in the form of a service bureau, in ASP, in PaaS or in SaaS.
Article 4: Financial Conditions
Fees
In order to access the Profiles, the Client will have to pay MirrorProfiles the fee corresponding to its Subscription Plan as provided in the Order Form.
Upon expiry of the Subscription Plan, all unused Profiles will be lost, and Client shall not be entitled to any refund.
The Client acknowledges that MirrorProfiles may make access to the Profiles conditional upon payment of the Subscription Plan for the forthcoming period, if any.
The price of the Profiles is specified in the Order Form.
Payment terms
The Subscription Plan is paid monthly, in advance, by direct debit, and automatically renewed with no commitment.
The Client can change the Subscription Plan, by sending an e-mail to contact@mirrorprofiles.com at any time during the period of subscription. Any request to terminate the Subscription must be made from the client portal or, failing that, by e-mail to contact@mirrorprofiles.com, at least twenty-four (24) hours before the renewal date of the Subscription Plan. Any subscription period already started is due in full.
The Client keeps access to its Profile(s) until the end of the current billing period, unless it asks for earlier revocation in its termination request. No prorated refund shall be issued.
In the event of non-payment of amounts due within the contractual time limits:
- MirrorProfiles reserves the right, at its sole discretion, with or without notice, to suspend access to or limit the features of the Profiles until all amounts due have been paid;
- all costs incurred by MirrorProfiles for the recovery of sums due will be borne by the Client, including bailiff’s fees, court costs and attorney’s fees, said costs not being in any event less than the fixed indemnity referred to in article L. 441-10 II of the French Commercial Code, in the amount of forty (40) euros.
Any sums paid by the Client to MirrorProfiles under the General Terms remain the property of MirrorProfiles and are therefore non-refundable, even in the event of termination of the General Terms or of any other contract concluded between MirrorProfiles and the Client.
Article 5: Undertakings of the Client
The Client undertakes to (i) have an up-to-date Internet browser, as well as a broadband Internet connection, the costs of which are to be borne by the User; and (ii) make backups of all its data, prior to the first use of the Profiles and each time it deems necessary. MirrorProfiles will not be held responsible for any loss of data suffered by the Client.
Furthermore, the Client acknowledges that it is solely responsible for ensuring that it is authorized and able to use any third-party software required to access the Profiles (e.g., that such software complies with its corporate IT environment). MirrorProfiles shall not be held liable in the event that the Client is unable to download or use any third-party software, for instance due to cybersecurity policies implemented within its company.
Article 6: Intellectual Property
Intellectual property rights related to the Profiles
The Client acknowledges that the Profiles, including any patches, workarounds, updates, upgrades, enhancements, and modifications made available to the Client, and all trade secrets, copyrights, patents, trademarks, trade names and other intellectual property rights therein shall at all times remain the sole and exclusive property of MirrorProfiles and nothing in the General Terms shall be construed as an assignment or transfer of any such rights to Client.
MirrorProfiles retains all intellectual property rights to the Profiles and reserves the right to use it for any purpose.
Know-how
Any ideas, know-how or techniques that may have been developed by MirrorProfiles are the exclusive property of MirrorProfiles. MirrorProfiles may, at its sole discretion, develop, use, market and license any items similar to or related to the developments made by MirrorProfiles for the Client. MirrorProfiles is under no obligation to disclose any ideas, know-how or techniques that may have been developed by MirrorProfiles and which MirrorProfiles considers to be confidential and proprietary.
Article 7: Confidentiality
Confidential Information
Confidential Information does not include:
- Information that is currently available or that becomes available to the public without either Party breaching the terms of these General Terms;
- Information legally held by one Party before its disclosure by the other;
- Information that does not come either directly or indirectly from the use of all or part of the Confidential Information;
- Information validly obtained from a third Party authorized to transfer or disclose such information.
- Confidentiality Undertaking
Client undertakes, in its name and in the name of its employees, agents, sub-contractors and partners, for the duration of these General Terms and for a period of five (5) years after the end of these General Terms:
- not to use the Confidential Information for any purpose other than the performance of its obligations under the terms of these General Terms;
- to take all precautions that it would take with its own valuable confidential information, it being stated that such precautions must not be less than those of a diligent professional;
- not to disclose the Confidential Information to anybody whatsoever, by any means whatsoever, except to those of its employees, agents, service providers or sub-contractors for whom such information is necessary with a view to meeting the obligations of each of the Parties.
When the Subscription Plans end, either because it has reached its term or has been terminated, the Client shall return to MirrorProfiles, without delay, all Confidential Information, regardless of format, that it has obtained within the scope of these General Terms. The Client shall not keep any copies in any format whatsoever, without the express prior written agreement of MirrorProfiles.
Article 8: Data Protection
Processing of Collected Data
MirrorProfiles does not collect, store or use the Collected Data. The Client’s prospecting runs between the Client’s own tools and its prospects and does not transit through MirrorProfiles’ systems. The Client, as data controller, alone determines the purposes and means of any processing of personal data carried out through the Profiles, in accordance with the Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as “GDPR”).
Data processing by MirrorProfiles
MirrorProfiles, in its relations with the Client, is led to process, on its own behalf, personal data of employees, managers, subcontractors, agents and/or providers of the Client.
In this context, the Client’s employees have the right to access and, if necessary, rectify, delete, or port their data. They also have the right to define directives concerning the fate of their personal data after their death.
In addition, the Client’s personnel may object for legitimate reasons to the processing of their personal data, withdraw their consent or limit it.
The exercise of these rights can be done at any time by writing to MirrorProfiles by e-mail at contact@mirrorprofiles.com.
The Client’s employees, managers, subcontractors, agents and/or service providers have the right to lodge a complaint with a supervisory authority.
The personal data of the Client’s employees, managers, subcontractors, agents and/or service providers are retained only for the duration of the execution of the Subscription Plan. This data is deleted as of the termination of the Subscription Plan.
However, at the end of the above-mentioned periods, including as necessary from the date of the data subject’s request for deletion, his or her personal data may be subject to intermediate archiving so that MirrorProfiles can meet its legal retention obligations:
- a contract entered into in the context of a commercial relationship (five (5) years from its conclusion);
- records relating to order management (ten (10) years);
- records relating to billing management (ten (10) years);
- data relating to the management of a client/prospect file (three (3) years from their collection).
Some data may be archived beyond the periods provided for (i) in the event of litigation in order to establish the reality of the disputed facts; and/or (ii) for the needs of research, the establishment and prosecution of criminal offenses with the sole aim of making these data available to the judicial authorities, as necessary.
The archiving implies that these data are anonymized and can no longer be consulted online but are extracted and stored on an autonomous and secure medium.
The Client undertakes, in the name and on behalf of MirrorProfiles, in accordance with the provisions of Article 14 of the GDPR, to inform its employees, managers, subcontractors, agents and/or service providers of the conditions of this processing and of the aforementioned rights.
Data processing by the Client
As part of the use of the Profiles, User is required to process personal data in the name and on behalf of the Client.
As such, the Client acts as data controller for all data processed via the Profile. In this respect, the Client undertakes to comply with and ensure that the Users comply with the provision of GDPR.
The Client warrants that any personal data processed through the Profiles will be collected, stored and used in full compliance with applicable data protection regulations. The Client shall not use the Profiles to process, store, transfer any personal data in a manner that could infringe the rights of data subjects or breach data protection legislation.
The Client shall be solely responsible for implementing appropriate technical and organizational measures to ensure the security, confidentiality, and integrity of the personal data processed via the Profiles.
In the event of a breach of data protection obligations by the Client or its Users, the Client shall indemnify and hold MirrorProfiles harmless from any claims, damages, penalties, or liabilities arising from such non-compliance.
Article 9: Liability and Warranty
The Parties expressly agree that MirrorProfiles acts as a content hosting provider and as such has no general obligation to monitor the content made available and/or distributed from the Profiles.
MirrorProfiles is not responsible and/or liable in any way (i) for the quality, accuracy or completeness of the content published, sent or received by the Client through the Profiles; (ii) any failure of its subcontractors; and (iii) the inappropriate use of the Profiles by the Client.
MirrorProfiles is under no obligation to verify the use of the Profiles by the Client and is not responsible for the manner in which such use is made.
MirrorProfiles is not responsible for the results of the activities for which the Client uses the Profiles. To the extent that a third-party service is used in connection with the Profiles, MirrorProfiles is not responsible for that service or Profiles, its operation or the manner and consequences of its use.
MirrorProfiles does not guarantee that there will be no bugs and, as a consequence, does not guarantee that use of the Profiles will be uninterrupted and error-free. The Client acknowledges in particular that Internet transmissions are not secured and may be delayed, lost, intercepted, corrupted, and that confidential information is transmitted over the Internet by the Client at their own peril.
To the full extent permitted by applicable law, the Client acknowledges that the Profiles are provided “as is” and as such MirrorProfiles shall not be liable for any damage, direct or indirect, whatever the grounds, which may have been suffered by fact of using the Profiles, and therefore waives any claim for compensation. If MirrorProfiles should be ordered to pay a financial penalty for any reason whatsoever, the Parties expressly agree that the amount of said penalty shall not exceed the amount of the sums actually paid by the Client during the last six (6) months of subscription, which the Parties agree would be a fair amount in view of their respective undertakings in these General Terms.
Should any third party claim its rights against MirrorProfiles in connection with the actions of the Client, MirrorProfiles may immediately eliminate any content gathered, saved or disseminated by the Client from servers used by MirrorProfiles. In the event of a judicial dispute with a third party related to the Client’s actions, the Client is obliged to provide MirrorProfiles with all necessary cooperation in order to resolve such a dispute successfully and the Client is obliged to reimburse continuously any purposeful expenses arising to MirrorProfiles due to such a dispute. With respect to this, should an obligation arise to reimburse any claim of a third party, the Client agrees to pay MirrorProfiles the full scope of the damages.
Within the limits permitted by applicable statute, the Client may only hold MirrorProfiles liable for breach of these General Terms for a period of one (1) year from the date at which the breach in question arose, or from the date on which the Client became aware of such breach, which the Client specifically acknowledges and accepts.
Article 10: Duration / Termination / Suspension
These General Terms enter into force upon their acceptance by the Client and remain in force for an indefinite duration.
The Client may terminate its subscription from the client portal or, failing that, by sending an e-mail to contact@mirrorprofiles.com, at least twenty-four (24) hours before the renewal date of the Subscription Plan.
In the event of termination of these General Terms, for whatever reason, the Client shall cease to use the Profiles at the end of the current billing period.
No refunds will be granted.
MirrorProfiles reserves the right to (i) suspend access to the Profiles; or to (ii) terminate the account of the Client by right, without notice, with no further formalities and no indemnity being due, by electronic mail, in the following cases:
- the Client has used the Profiles in a way which is contrary to the public order, decency, to the MirrorProfiles’ rules or has engaged in spamming activities or any form of unsolicited communication;
- if a platform on which the Profiles are used, or a competent authority, asks MirrorProfiles to stop the activity carried out through a Profile;
- the Client has breached the intellectual property right of MirrorProfiles and/or a third party;
- use via the Profiles that is unlawful or in breach of these General Terms.
MirrorProfiles reserves the possibility to interrupt, at any time, temporarily or permanently, access to the Profiles. In case of a definitive interruption, the Client will be informed by any means that should be deemed appropriate by MirrorProfiles.
MirrorProfiles shall under no circumstances be held liable to the Client or to any third party for the termination and/or suspension of the Client’s account under the conditions set out in this article.
Article 11: Miscellaneous
Notification of unlawful content
In accordance with the provisions of article 6, I, 7° of law n° 2004-575 dated June 21, 2004, MirrorProfiles has no general obligation to monitor the information that it hosts via the Profiles.
If the Client finds that content put online via the Profiles and/or accessible via a hypertext link breaches applicable statutory or regulatory provisions, and in particular constitutes obviously unlawful content (e.g., infringing of a third party’s rights, defamatory), the Client may notify MirrorProfiles by sending an email.
Communication
MirrorProfiles may mention the Client’s name and logo in its client references, including in press releases, marketing materials and on its website. The Client may object at any time by informing MirrorProfiles in writing, and MirrorProfiles will then remove these mentions within a reasonable time.
Modification of the General Terms
MirrorProfiles reserves the right, at any time, to modify the General Terms of use and sale as it may deem to be necessary and useful.
If any modification of the General Terms arises, MirrorProfiles undertakes to submit the new General Terms to the Client’s acceptance the next time said Client uses the Profiles.
The Client will be able to access them on the website https://mirrorprofiles.com.
Any Client who pursues the use of the Profiles after being notified of a change in the General Terms shall be deemed as having specifically accepted the new General Terms.
Force Majeure
Neither Party shall be held liable if the performance of its obligations should be delayed, restricted, or made impossible by virtue of a case of force majeure.
If a case of Force Majeure should occur, the performance of the obligations of each Party shall be suspended. If the Force Majeure should last for more than one (1) month, these General Terms may be terminated at the request of the most diligent of the Parties, with neither Party being held liable. Each of the Parties shall bear their own costs that may be incurred as a result of the Force Majeure.
Waiver
If one or other Party should fail to exercise any one of its rights under the terms of these General Terms whatsoever, this shall not be deemed to be a waiver of that right, such waiver only to be deemed to have been given when expressly declared by the Party in question.
Relationship between the Parties
Unless expressly stated otherwise, the Parties shall remain independent contractors and no provision of the General Terms shall be construed as creating between the Parties any partnership, company, nor any relationship of agent or commercial agent.
Validity
If one or more of the provisions of these General Terms should be held to be invalid by a competent court, the remaining provisions shall retain their scope and effect.
The provision that has been held to be invalid shall be replaced by another provision, the scope and meaning of which shall be as close as possible to the scope and meaning of the invalidated provision, but in compliance with applicable legislation and the mutual intent of the Parties.
Article 12: Applicable Law / Competent Jurisdiction
This agreement is governed by French Law.
The Parties expressly accept to submit any dispute related to these General Terms (understood as any dispute related to its negotiation, conclusion, enforcement, cancellation and/or termination) and/or related to the commercial relationships between the Parties and their termination, to the exclusive competence of the Paris Courts, notwithstanding plurality of defendants or warranty claims, and including summary proceedings and ex parte motions.
