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General Terms and Conditions of CAPTAIN VERIFY's Services to Professionals

Last updated 12/31/2024.

The present general conditions apply exclusively between the limited liability company FORFRY, trading under the commercial name SKYNETS, with a capital of 700 €, located at Chemin des Amandiers 83300 DRAGUIGNAN - France, registered at the RCS of DRAGUIGNAN under the number 52342938900019 (hereinafter "SKYNETS"), specialized in verifying email addresses and mobile phone numbers, and the user acting as a professional (hereinafter "CLIENT").

The online platform CaptainVerify.com set up by SKYNETS displays the following information:

  • Legal notices for precise identification of SKYNETS,
  • Digital content functionalities,
  • Presentation of the essential characteristics of the services offered,
  • Price indication in euros for services and all fees,
  • Indication of payment and execution modalities,
  • Duration of the offer or price validity.

All of this information is presented in French. The CLIENT declares having full legal capacity allowing him to commit under these general conditions.

ARTICLE 1 - WHOLENESS

The present general conditions of service and the general conditions of use of the CAPTAIN VERIFY site express the entirety of the parties' obligations. In this respect, the CLIENT is deemed to accept them without reservation.

SKYNETS and the CLIENT agree that the acts mentioned above exclusively govern their relationship. SKYNETS reserves the right to modify these general conditions applicable as soon as they are posted online, noting that in the event of a dispute, only the general conditions in force at the time of the contract's conclusion will be valid.

If a general condition were to be lacking, it would be considered governed by the practices in force in the distance selling sector for companies headquartered in France.

ARTICLE 2 - PURPOSE

The purpose of these general conditions is to define the rights and obligations of the parties concerning the verification of email addresses and mobile phone numbers.

ARTICLE 3 - EFFECTIVE DATE

The present general conditions come into effect as soon as an account is created on the Platform.

ARTICLE 4 - ACCOUNT OPENING

To become a "CLIENT" of SKYNETS, the user creates an account by indicating his/her name, first name, an email address, a phone number, and a password.

The CLIENT cannot share with third parties the identifiers required to access the application. SKYNETS cannot be held responsible for any action carried out via or on the CLIENT's personal account by a third party to whom the CLIENT would have communicated his/her identifiers or who would have had access to the CLIENT's identifiers or personal account due to a fault or negligence attributable to him/her.

Credits may be extended by THREE HUNDRED AND SIXTY-FIVE (365) days if the CLIENT logs into their account before their expiration. If the CLIENT does not log into their account before the credits expire, they expressly acknowledge that these credits cannot be carried forward or refunded.

ARTICLE 5 - ORDER

To order a pack of coordinates to verify, the CLIENT chooses a quantity of credits among those offered. The packs are recorded in the CLIENT's account cart. To confirm the order, the CLIENT must validate the cart by clicking on the "place the order" button. He/She is then invited to register the bank card details used for payment. A summary of the order is sent to the CLIENT, mentioning the nature and quantity of the products ordered and the total price of the order, including all taxes. He/She can then upload the files or databases in the formats offered by the platform.

Any order implies acceptance of the prices and descriptions of the products available for sale. The payment is made on a secure banking platform.

The CLIENT acknowledges that credits purchased with or without a subscription are non-refundable, even in the case of their extension, except where the right of withdrawal applies and is exercised by the CLIENT in accordance with these general terms and conditions.

ARTICLE 6 - PROOF OF TRANSACTION

The computerized registers, kept in the computer systems of SKYNETS under reasonable security conditions, will be considered as proofs of communications, orders, and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.

Providing the CLIENT's credit card number online or, where applicable, validating the payment by the process set up by SKYNETS' bank is considered an electronic signature in accordance with the provisions of Article 1366 of the Civil Code.

ARTICLE 7 - PRICE

When ordering, the CLIENT is invited to ensure that the price and availability of the products he/she refers to correspond to the prices listed on the updated page of the captainverify.com site and not on an expired page to which he/she would have accessed through an Internet search in so-called "cache" mode.

The prices are indicated in euros and do not take into account any possible additional fees. These fees are indicated before the CLIENT validates the order.

ARTICLE 8 - PAYMENT METHOD

The credit card transaction is secured by SKYNETS' payment services.

The CLIENT guarantees to SKYNETS that he/she has the necessary authorizations to use the payment method chosen by him/her during order validation.

SKYNETS reserves the right to cancel any order management in case of refusal of credit card payment authorization by the officially accredited bodies, in case of non-payment within the indicated deadlines, or for any other reason at SKYNETS' discretion related to the abnormal nature of the order.

ARTICLE 9 - CREDITS ORDERED WITH A SUBSCRIPTION

9.1 In the case of subscribing to an annual or monthly subscription, the CLIENT has a non-carryover credit pack every month. For the monthly subscription, the client commits for the current month, tacitly renewed every 1st of the month (or on the subscription date). He/She can cancel at any time, effective the last day of the current month, sent from the dedicated cancellation page accessible from his/her client account on the platform and after having completed all the instructions indicated on this page. Notwithstanding the aforementioned article, payment is made by credit card, automatically renewed every month. In the event of cancellation, payment remains due for the entire period, with no possibility of proration.

9.2 In the case of an annual subscription, notwithstanding the aforementioned article, the CLIENT can pay in a single installment by credit card or by bank transfer at the beginning of the period, renewable by tacit agreement. He/She can terminate the contract effective the day before the contract's anniversary date, subject to 30 (thirty) clear days' notice, sent from the dedicated cancellation page accessible from his/her client account on the platform and after having completed all the instructions indicated on this page.

ARTICLE 10 - CREDITS ORDERED OUTSIDE A SUBSCRIPTION

The credits are usable as soon as payment confirmation by SKYNETS' bank and their availability on the CLIENT's personal account. The ordered credits are usable for a duration of 365 days from the order. SKYNETS will notify the CLIENT of the imminent expiration of the current credits. Expired credits cannot be carried over, credited, or refunded.

ARTICLE 11 - CLIENT DATA

The CLIENT remains the owner of the files, databases, and their content that he/she provides us, referred to as "Client Data". SKYNETS commits to taking security measures in line with the state of the art to ensure the security of Client Data so that it is not distorted, damaged, or communicated to unauthorized third parties due to its actions. Consequently, SKYNETS commits to respecting and ensuring its staff and subcontractors respect the following obligations:

  • Not to make copies of documents and supports of client data entrusted to it, except those strictly necessary for the service's execution;
  • Not to use client data for purposes other than those of this contract;
  • Not to disclose client data to other persons, whether private or public, physical or moral, unless such disclosure is required by law, a competent judicial or administrative authority, or is necessary in the context of legal action.
  • SKYNETS also commits not to modify, use, assign to a third party, in whole or in part, for a fee or free of charge, client data that may have been communicated by the client during the service's execution.

ARTICLE 12 - RECOVERY AND RETURN OF DATA

Unless otherwise expressly agreed and accepted in writing by SKYNETS, from the 90th day from the date the verified files are made available on the CLIENT's personal account, the client data deletion process will be initiated and will no longer be available on the CLIENT's personal account. This deletion will apply to the initial file as well as the verified file. It is therefore up to him/her to retrieve the verified files before this deadline from his/her personal account. This restitution will be made in a standard market format chosen by SKYNETS and will be made available to the client in the form of a download.

For the protection of personal data and the platform's technical security, client accounts that remain unused, i.e., without any data connection traces, for at least 2 (two) years will be deleted from the platform.

ARTICLE 13 - CONFIDENTIALITY

All information exchanged between the parties, of which they would be aware during the contract's execution (including client data), regardless of their support, will be considered confidential (hereafter confidential information).

Each party commits to protecting confidential information and not disclosing it to third parties without the prior written consent of the other party.

Each party will be released from its confidentiality obligations regarding all information that was in this party's possession before its disclosure by the other party without such possession resulting directly or indirectly from the unauthorized disclosure of this information by a third party, which is part of the public domain on the contract's acceptance date or which would fall into the public domain after this date without the cause being attributable to this party's non-compliance with its confidentiality obligations under the contract, which have been developed independently by this party, or where disclosure is required by law or a competent judicial or administrative authority or is necessary in the context of legal action.

The parties commit to respecting the obligations resulting from this article during the contract's entire duration and for two years following its termination.

ARTICLE 14 - PROCESSING OF PERSONAL DATA

SKYNETS, as the data controller, implements personal data processing with the primary purposes of managing the CLIENT's registration on the Platform, providing services on the Platform, improving them, and maintaining a secure environment. More specifically, the uses are as follows:

  • Access and use of the Platform by the CLIENT;
  • Management of the functioning and optimization of the Platform;
  • Organization of the terms of use of Payment Services;
  • Verification, identification, and authentication of data transmitted by the CLIENT;
  • Prevention and detection of fraud, malware, and security incident management;
  • Management of potential disputes with the CLIENT;
  • Subscription to the newsletter with the express and separate consent of the concerned person;
  • Sending of commercial and advertising information based on the CLIENT's preferences.

ARTICLE 15 - OUTSOURCING PROCESSING - SCC: STANDARD CONTRACTUAL CLAUSES

15.1 SKYNETS, acting as a subcontractor, operates solely on the CLIENT's instructions in implementing the processing of personal data based on the legal foundations of the execution of the service contracted with the CLIENT and the objectives to verify the reliability of email addresses and mobile phone numbers provided by the CLIENT. The Client remains solely responsible for the processing of personal data carried out on its behalf in the context of the Services, whether by itself, by SKYNETS, or by third parties. SKYNETS may subcontract its services to third-party companies located in France and in the European Union. In this case, the processing of this data is limited exclusively to the subcontracting task entrusted by SKYNETS.

SKYNETS is prohibited from communicating the Data in any form to a third party, except to its providers:

  • When the CLIENT uses the pack ordering services.
  • When the CLIENT uses payment services, to implement these services, the Platform is in relation with third-party banking and financial companies with which it has signed contracts;
  • When the Platform uses service providers to execute the order and provide the requested services and payment services. These providers have limited access to the CLIENT's data in the context of providing these services and have a contractual obligation to use them in compliance with the regulations applicable to the protection of personal data;
  • If required by law, the Platform may transmit data to respond to claims made against the Platform and comply with administrative and legal procedures;
  • When the CLIENT publishes, in its review or recommendations on the Platform, publicly accessible information;
  • If the Platform is involved in a merger, acquisition, asset sale, or bankruptcy procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, the CLIENT would be informed before the personal data is transferred to a third party.

15.2 Personal data communicated by the CLIENT is transmitted to OVH SAS with a capital of 10,000,000 € RCS ROUBAIX – TOURCOING 424 761 419, 2 rue Kellermann 59100 Roubaix - France and its subcontractors for the hosting of the application. For the online card payment transaction, the CLIENT's personal, notably financial data, is communicated to SKYNETS' bank and its subcontractors. The retention of personal data held by SKYNETS subcontractors is limited to the duration of the tasks assigned and the applicable legal prescription periods. Personal data directly retained by SKYNETS has a lifespan equal to the legal obligation to retain the invoice.

15.3 The Platform implements organizational, technical, software, and physical digital security measures to protect personal data against alterations, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the Platform cannot guarantee the security of information transmission or storage on the internet.

ARTICLE 16 - ANTI-SPAM GUARANTEE - AUP: ACCEPTABLE USE POLICY

Since SKYNETS is not able to verify the origin of the files, it assumes that the CLIENT holds all the rights to process the personal data for which the CLIENT has mandated it. Consequently, the CLIENT guarantees SKYNETS against any action, claim, demand, opposition from any person invoking a personal data breach or a right of a concerned person which the execution of the Contract would have infringed, including in the event of a control procedure before an administrative authority and administrative sanction.

In case of strong suspicion by SKYNETS of a subsequent fraudulent use of the delivered files, SKYNETS reserves the right to refuse to execute the service without entitling a refund of the ordered credits. Therefore, SKYNETS may be required to request official identification from the CLIENT.

ARTICLE 17 - RIGHTS ON THE PROCESSING OF PERSONAL DATA

Under the regulations relating to personal data, the CLIENT can, without justifying a reason and at any time:

  1. Update the data concerning him by logging into his account and configuring the settings of this account;
  2. Delete his personal data from his profile by deleting his account or by writing to the email or postal address below. However, in accordance with its legal and tax obligations, SKYNETS is required to retain information about the order for a period of 10 years.
  3. Exercise his right of access, to know the personal data concerning him, by writing to the postal address or via the form below. In this case, the Platform may ask for proof of the CLIENT's identity to verify its accuracy;
  4. If the personal data held by the Platform is inaccurate, he can request the updating of the information by writing to the email address or postal address below;

The CLIENT also has a right to object to the processing of his data for legitimate reasons. All of these rights are exercised with SKYNETS by postal mail accompanied by a copy of an identity document bearing a signature via our form or at the following postal address: FORFRY/SKYNETS Chemin des Amandiers 83300 DRAGUIGNAN.

In accordance with the provisions of the so-called "Data Processing and Freedoms" law of January 6, 1978, and the general data protection regulation of April 27, 2016, the processing of personal data communicated by the CLIENT is justified by the execution of the service provision contract.

ARTICLE 18 - APPLICABLE LAW AND RIGHT OF WITHDRAWAL

These general conditions are subject to French law both in terms of form and substance, and the services offered by the site captainverify.com are reserved for the User acting as a professional. Consequently, the CLIENT is informed that consumer law is excluded. Without having asked SKYNETS for further clarification and/or attended a demonstration of the platform's operation, and this prior to signing this agreement, the Client acknowledges having been sufficiently informed. Therefore, the Client is informed that he does not have a right of withdrawal.

Notwithstanding the applicability of the previous paragraph, if by legal exception, consumer rights were applicable to the User, the latter is informed that he has a right of withdrawal of 14 days from the conclusion of this service contract. However, if the User uses all of his ordered credits before the end of the withdrawal period, he is informed that he expressly waives his right of withdrawal due to the full execution of the services before the end of the withdrawal period.

ARTICLE 19 - LIMITATION OF LIABILITY

Given the state of the art used in its profession, SKYNETS, which undertakes to provide all possible care in the execution of its obligations, is subject to a best efforts obligation. SKYNETS guarantees that the Service conforms to its Documentation available online https://captainverify.com/docs.html and https://captainverify.com/docs-hlr.html. SKYNETS does not guarantee the reception and opening of messages sent to phone numbers and verified email addresses; these may depend on many factors outside the scope of SKYNETS (e.g., anti-spam software, anti-virus). SKYNETS does not guarantee that the Service will be free of all defects or incidents but commits only to remedy, with all reasonably possible diligence, the reproducible malfunctions of the Service observed in relation to the Documentation.

SKYNETS does not guarantee the suitability of the Services to achieve goals, results that the Client would have set for himself and/or to carry out specific tasks that would have motivated him in his decision to conclude this Contract but which he would not have, on the one hand, previously outlined in writing exhaustively and which, on the other hand, would not have been expressly and in writing validated by SKYNETS.

SKYNETS will only be responsible for direct and foreseeable damages resulting from a breach of its contractual obligations. If SKYNETS's liability were to be retained, including in the event of personal data breaches, the overall and cumulative compensation, for all reasons combined, to which the Client could claim, will be limited to the value of the disputed credits at the origin of SKYNETS's liability, without ever taking into account another service subject to a different contract to establish this amount. The Parties acknowledge that the price of the Service reflects the distribution of risks arising from the Contract, as well as the economic balance desired by the Parties, and that the Service would not have been concluded without the limitations of liability defined herein.

Expressly, the Parties agree that the limitations of liability continue to apply even in the event of nullity, resolution, or termination of the Contract.

Under no circumstances can SKYNETS be held liable, either towards the Client or towards third parties, for any indirect damage, whether material or immaterial, foreseeable or unforeseeable, such as loss of operations, loss of an opportunity to make a profit, damage to image, loss of a business opportunity or any similar damage, the purchase price, installation, testing, implementation and start-up of alternative Services and all additional services provided by third parties in this context; additional wage costs for the Client's salaried or independent staff or its subcontractors; the cost of recovery, reconstruction, installation and/or restoration of lost or corrupted Data; any other financial loss, the challenge by a third party of the liability of the Client, a member of its salaried or independent staff or any person for whom the Client is responsible; all fines imposed by the authority to which the Client is subject.

SKYNETS is only obliged to repair the direct damage of the Client in the event of fraud or gross negligence (except for fraud or gross negligence of a subcontractor), the CLIENT being responsible for establishing it.

ARTICLE 20 - FORCE MAJEURE

SKYNETS shall in no event be held liable and no compensation may be claimed from it, for delays or harmful consequences due to force majeure, understood as any event with the characteristics of externality, irresistibility, and unpredictability recognized by the jurisprudence of French courts and tribunals, which would prevent it from fulfilling all or part of its commitments. Specifically, malfunctions of internet access providers, telecom operators, hosting providers, and telecommunications are also considered force majeure, as long as these malfunctions are not caused by the technical means implemented by SKYNETS and do not fall under its responsibility.

ARTICLE 21 - PARTIAL NON-VALIDATION

If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision by a competent jurisdiction, the other provisions shall remain in full force and effect.

ARTICLE 22 - NON-WAIVER

The fact that one party does not take advantage of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be construed in the future as a waiver of the obligation in question.

ARTICLE 23 - TITLE

In the event of difficulty in interpretation between any of the titles appearing at the beginning of the clauses and any of the clauses, the titles shall be declared non-existent.

ARTICLE 24 - MEDIATION

In the event of a dispute primarily concerning the operation of the captainverifiy.com platform, the CLIENT should first contact SKYNETS, via the form or by mail to FORFRY/SKYNETS Chemin des Amandiers 83300 DRAGUIGNAN. If no solution is found within 21 days of the request, the CLIENT can contact the European Online Dispute Resolution (ODR) platform - ec.europa.eu/consumers/, which will seek a free amicable resolution.

The CLIENT acknowledges that the European Commission has exclusive jurisdiction to handle, through a mediation process, disputes arising from this document and any subsequent contract that may be signed. Neither the CLIENT nor the company can use another mediation system.

ARTICLE 25 - COMPETENT TRIBUNAL

In the absence of an amicable agreement, THE COURTS OF THE HEADQUARTERS OF SKYNETS ARE SOLELY AND EXCLUSIVELY COMPETENT.