These ClosetValet Terms of Service (the "Terms and Conditions") rule the relationship between ClosetValet and any person registered in its own name or in the name and on behalf of a legal entity (the "User") wishing to use the services offered on the ClosetValet platform accessible at the address https://closet-valet.com/ (the "Platform").
ClosetValet and the User are hereinafter referred to individually as a "Party" and collectively as the "Parties".
If the User is a legal entity allowing its employees, delegates, directors and/or subcontractors to access the Platform (these persons are hereinafter indistinctly referred as a "User"). In such a case, the legal entity undertakes to bring these Terms and Conditions to their attention. It guarantees that these persons will comply with these Terms and Conditions and, in any case, further warranties ClosetValet for any breach by these Users of these Terms and Conditions.
These Terms and Conditions define the conditions under which the User can use the Platform.
Any registration on the Platform implies unreserved acceptance of the Terms and Conditions, which the User acknowledges having read and understood.
Terms and expressions whose first letter of each word is in capital letters have, within the Terms and Conditions, the meaning assigned to them below, whether they are used in the singular or plural.
« API » shall mean any of the Application Programming Interface made available by ClosetValet on the Platform.
« Force Majeure » shall mean 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.
« Robots » shall mean the automatic or semi-automatic software agents that are part of the APIs that will interact with third-party computer servers.
« Services » shall mean the automatic hosting and operation services of the API offered to Users
Subscription – Access to the Platform
In order to register on the Platform, the User must complete every field of the registration form with full and accurate information. The data for which communication to ClosetValet is mandatory are identified as such when the User is registered.
The User represents and warrants that s/he will be using the Platform in the course of her/his professional activity and, as a consequence, s/he shall not be considered as a consumer under applicable law.
In case of an incomplete or erroneous declaration, the User's account may be deactivated, ipso jure, without notice and without further formality. The User acknowledges that ClosetValet shall not be held liable for any of the consequences that may arise from such an erroneous or incomplete declaration.
The User declares that s/he is able to enter into contractual relationships. Any User being under legal age warranties that s/he received the approval of her/his parents or of the person exercising the parental authority.
The registration and the creation of a User account is done using the email address that the User communicated to ClosetValet and the password s/he chose (for security and confidentiality reasons, it is recommended to the User to select a password composed of several types of characters and modify it on a regular basis) or through a third-party connexion module.
The personal account of each User allows her/him to update her/his personal details.
The login name and password are personal and should not be disclosed to third parties. All uses of the Platform done using the login name and password of the User shall be deemed to have been performed by said User.
In case of disclosure of the User's login name and password, the User must connect to the Platform to regenerate a new password.
Access to the Platform
Users are personally responsible for setting up the IT and telecommunications resources required to access the Platform.
ClosetValet is exercising its reasonable endeavors to ensure that the Platform is accessible twenty-four (24) hours a day, seven (7) days a week.
ClosetValet reserves the right, without notice or compensation, to temporarily or permanently close the Platform in order to perform maintenance operations.
ClosetValet may make any changes and improvements to the Platform that it deems relevant.
Description of Services
Services offered to Users
The Services allow the User to execute and operate the APIs via ClosetValet's servers.
Operation of APIs
The Platform allows the User to execute and operate an API on the website s/he has selected in order to perform certain specific actions on such websites.
The User must select the API that meets her/his needs via the Settings and use it.
The list of APIs is available on the Settings page.
According to the choices made by the User, some data may be collected while executing the APIs.
If the collected data is hosted on the Platform, the User can export all or part of her/his collected Data, at any time, on condition that all invoices that have been sent by ClosetValet up to that date have been paid in full.
The Platform and, as applicable, the collected data, are hosted on the infrastructure defined and made available to the User by ClosetValet, designed and sized at the discretion of ClosetValet.
– Price conditions - Duration
Access to and use of the Platform are offered by ClosetValet at the prices featured on the relevant page, which can be found at the address https://closet-valet.com/pricing.
Some subscriptions (and in particular free subscriptions) are subject to certain usage restrictions (e.g., volume of collected data, export of collected data), which are set out on the subscription page.
The User takes out a subscription for the period that is defined at the time said subscription is taken out (the "Initial Period"). At the end of the Initial Period, and of each successive subscription period, the subscription will be automatically renewed for the same period of time, except in case of early termination under the conditions set out in these Terms and Conditions. ClosetValet invoices the subscription monthly, in arrears.
The cost of the subscription is liable to be given in Euros (€), American Dollars ($) and/or Pound Sterling (£), including all applicable taxes (depending on the regime that applies to the User) and is applicable from the date on which the User order is validated.
Orders can be paid online using a credit card, through the Stripe platform.
By accepting the Terms and Conditions, Users also accept the terms and conditions of use of the payment service provider Stripe available at the following URL address: https://www.processout.com/terms-of-service.
The User warranties to ClosetValet that s/he has the necessary authorisation to use the payment method that s/he selected when validating the order. The purchase will be debited from the User's account at the time the order is processed. ClosetValet will take all necessary steps to ensure the security and confidentiality of data provided online. The transaction will be processed on the Stripe platform, which alone will have access to the credit card details provided on the Platform at the time of payment. ClosetValet reserves the right to suspend the processing of any order and any delivery if credit card payment authorisation is refused by an officially accredited organisation or in case of non-payment. When the payment method has been selected, the User must pay for the order using the secure Stripe interface, which will legally finalise the purchase agreement that s/he has made with ClosetValet. Online provision of credit card details and the final validation of the order by the User constitute proof of order and all sums due for the products selected in the order will become payable.
In case of failure to pay a subscription instalment, the User's access to the Platform will be immediately suspended.
The Users undertake to:
- have the necessary authorizations to access websites via APIs;
- comply with the terms and conditions of use of the websites they visit through the APIs;
- not to access confidential information without permission;
- not to infringe on any third party's rights, including in particular copyright, patent, trademark, trade secret or any other intellectual property or proprietary rights;
- not to violate any law, statute, ordinance or regulation, including, without limitation, the laws and regulations governing the protection of personal data.
In any case, ClosetValet has, a priori, no control over the Robots, the Collected Data, the operations carried out and/or other content of Users on the Platform because the Users decide on their use.
The Users acknowledge that ClosetValet shall in no event be held liable in the event that the Users fail to comply with the provisions of this article.
Licence to use the Platform
ClosetValet grants to the User a personal, non-exclusive, non-transferable, without right to sub-license, right to use the Platform in the entire World, as long as the User's account is active on the Platform.
Personal data protection
ClosetValet respects the privacy rights of the User and recognizes the importance of protecting the information collected about him/her. This Article is about how ClosetValet collects, stores, and uses the personal information that the User provides to it.
ClosetValet will, for its own use, process personal data related to the User, those data being communicated by the User at the time of it registration or later on through her/his personal account on the Platform.
The information for which a communication to ClosetValet is mandatory are identified as such upon registration and/or the purchase of a service.
Unless upon request or with the express consent of the User and in strict compliance with his/her directives, ClosetValet will not proceed with any other personal data processing other than those describes in this Article.
Legal basis for processing
By registering, subscribing or using ClosetValet services, the User consents to the use of his/her personal data in line with these Terms and Conditions.
Furthermore, in order to use the Platform and benefit from ClosetValet's services, the User accepted the terms and conditions.
This document formalizes a contractual relationship between the User and ClosetValet, which serves in particular as the legal basis for the collection and processing of the User's personal data by ClosetValet.
Purposes of the processing
Personal data gathered by ClosetValet are processed for the following purposes:
- Access and use of the Platform, understood as the consultation of the accessible information of the Platform;
- Sale of services;
- Order management (e.g., payment, billing);
- Statistical and market analysis, and marketing information;
- Where required by law or in connection with legal proceeding or disputes;
- Manage requests for the exercise of the rights listed in Article 7.4 below;
- Any other use allowing the improvement of the Website and/or any other services provided by ClosetValet.
The User has the right to consult, rectify, delete, object and portability their personal data. He/she also has the right to define guidelines on the fate of personal data after his/her death.
In addition, the User may oppose, limit or withdraw her/his consent.
To exercise any of those rights, the User shall use the account management access provided to him/her or contact ClosetValet on firstname.lastname@example.org, mentioning her/his name, surname and e-mail address.
Conservation of data
The personal data of the User are kept for a period of three (3) years from their collection.
Audience measurement statistics shall not be kept for more than thirteen (13) months.
At the end of this period, the closure of a User's personal account triggers the deletion of all personal data allowing identification of the relevant User, with the exception of the data needed to be able for ClosetValet to fulfil its legal obligations (e.g., billing data).
Certain data may be archived beyond the time limits provided for (i) in the event of contentious proceedings in order to establish the reality of the facts in dispute; and/or (ii) for the purposes of investigating, establishing and prosecuting criminal offences for the sole purpose of making such data available to the judicial authority as necessary.
Recipients of personal data
ClosetValet may temporarily and securely transfer certain personal data of the User to third parties when necessary:
- the execution of the order placed by the User via the Platform (e.g. payment service provider);
- in response to an injunction from the legal authorities.
The User's personal information, and in particular email address, is not rented, sold, exchanged or shared with any other service providers if the User has not expressly accepted to receive promotional offers from other companies likely to be of interest to the User.
When ClosetValet uses the User information as described in this policy, this may involve sending your information outside the European Economic Area (EEA). When ClosetValet does this, ClosetValet makes sure that appropriate steps are taken to protect the User's personal information and your rights.
All personal information that the User provides to ClosetValet is strictly confidential.
Apart from generating statistics on Platform use, these traffic analysing cookies will also, in association with certain types of advertising cookies (used on third party Platforms and/or contents when the User accesses them), deliver more relevant Web advertising.
- For Mozilla firefox: http://support.mozilla.org/fr/kb/activer-desactiver-cookies?redirectlocale=fr&redirectslug=Activer+et+d%C3%A9sactiver+les+cookies;
- For Microsoft Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies;
- For Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en;
- For Safari: http://www.apple.com/support/?path=Safari/3.0/fr/9277.html;
- For Edge™:https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies;
- For Google (AdWords Remarketing): https://www.google.com/settings/u/0/ads/authenticated?hl=en;
- For Google (Google Analytics): https://tools.google.com/dlpage/gaoptout.
Statistical use of anonymous data
For business purposes ClosetValet collects, handles and stocks statistical data on Platform use and on Developers' activities.
This information may be transmitted to third parties, is anonymous and does not reveal in any way whatsoever your identity, even indirectly.
Collection of personal data by ClosetValet as a subcontractor
The User, as part of its of its marketing operations, may operate an automated processing of personal information within the meaning of Law No. 78-17 of 6 January 1978 ("Law No. 78-17") and the Data Protection Regulation ("GPDR"). In such case, it wishes to entrust certain technical aspects of this processing to ClosetValet under the conditions defined hereinafter.
ClosetValet processes of the User's customers ("Customer Data") on behalf of the User to provide its services.
The User undertakes, for the performance of these Terms and Conditions, to:
- Integrate into the Customer Data only the information that is strictly necessary for the proper performance of its services by ClosetValet;
- Document in writing any instructions concerning the processing of Customer Data by ClosetValet;
- Comply with the provisions of Law n° 78-17, of the GDPR and, more generally, of the regulations applicable in every country in which uses the services;
- Supervise Customer Data processing.
ClosetValet cannot be held liable for a User's breach of applicable law, unless the law expressly provides otherwise.
It is up to the User to obtain the consent of the data subjects and to supply all relevant information to the individuals affected by the processing operation at the time the Customer Data is collected.
In accordance with article 32 of the GDPR, ClosetValet will take and maintain all appropriate measures, and in particular the appropriate technical and organisational measures, to protect the safety and keep confidential the personal data that the User has entrusted to it for the provision of the services covered by these Terms and Conditions, in order to prevent it from being distorted, altered, damaged, distributed, or accessed by unauthorized persons.
ClosetValet undertakes to ensure that those persons authorized to process the personal data on its behalf:
- Undertake to respect the confidentiality or are subject to an appropriate legal duty of non-disclosure;
- Receive the necessary training in terms of personal data protection.
In any case, ClosetValet undertakes to comply with applicable legal provisions relating to processing conditions and/or use of Customer Data as communicated by the Merketer or to which it may have access as part of the supply of the services covered by these Terms and Conditions.
In particular, ClosetValet undertakes to act only upon written instructions of the User for processing the personal data in question. Especially, ClosetValet undertakes, during the course of these Terms and Conditions and beyond, not to use the nominative information that has been collected or to which it may have access in the performance of these Terms and Conditions, for purposes that are contrary to the Terms and Conditions. ClosetValet undertakes to use the nominative information that has been collected or to which it may have access only for the purposes of supplying the services covered by these Terms and Conditions to the User.
ClosetValet undertakes not to transmit Customer Data to any entity or individual other than its own service providers or third parties designated by the User.
ClosetValet undertakes to assist the User, in as far as possible, by putting into place the appropriate technical and organizational measures; as well as by comply with its obligation to follow up on requests sent by individuals with a view to exercise their rights of access, rectification, deletion, objection, limitation and/or portability of data.
ClosetValet undertakes, in as far as it appears necessary and given the information that has been communicated by the User, to help the User comply with its obligation to:
- Notify the supervisory authority of a personal data breach;
- Communicate with the individual affected by a personal data breach;
- Carry out an impact study related to data protection.
Further, ClosetValet undertakes, in conformity with the GDPR, to maintain a record of its personal data processing activities as a data processor for the User.
ClosetValet will make available to the User the necessary documentation to show that it has complied with its obligations and to enable inspections to be carried out by the competent authorities or audits to be carried out by the User under the conditions defined by mutual agreement with ClosetValet.
ClosetValet will keep Customer Data during the term of the contractual relationship between the User and ClosetValet. At the end of these Terms and Conditions, the Customer Data will be deleted, except for that which ClosetValet is required to keep in order to comply with its legal obligations. In addition, upon the User's request, ClosetValet may provide it with a back-up of the Customer Data at the end of the Terms and Conditions.
ClosetValet reserves the possibility of entrusting the performance of all or part of its service provision under the Terms and Conditions to one or more sub-contractors, on condition that they have been approved – in advance and in writing – by the User and that they have committed to undertakings equivalent to the provisions of this article.
The Platform is the exclusive property of ClosetValet, in particular as regards the APIs developed by ClosetValet, as well as all associated documentation even when made available to Developers.
All content that has not been put online by the User, and in particular, all data, functionality, text, names, designations, images, photographs, graphics, trademarks, sounds, is the exclusive property of ClosetValet or its licensees. These Terms and Conditions shall not be construed as transferring any one of ClosetValet's rights. Not one of these elements may be downloaded, copied, modified, deleted, distributed, transmitted, broadcast, sold, hired, granted or used in any way whatsoever, without the prior written express agreement of ClosetValet or its licensees.
Warranty – Liability
The Parties expressly agree that ClosetValet is acting as a hosting provider for the contents and, as such, it has no general obligation to monitor the contents that is made available and/or broadcasted from its Platform.
To the full extent permitted by applicable law, ClosetValet expressly waives all warranties towards the Users. ClosetValet does not guarantee that there will be no bugs and, as a consequence, does not guarantee that use of the Platform will be uninterrupted and error-free. The User 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 User at his/her own peril.
To the full extent permitted by applicable law, the User acknowledges that the Platform is provided "as is"and as such ClosetValet shall not be liable for any damage, direct or indirect, whatever the grounds, which may have been suffered by fact of using the Platform, and therefore waives any claim for compensation. If ClosetValet 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 User 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 Terms and Conditions.
Within the limits permitted by applicable statute, the User may only hold ClosetValet liable for breach of these Terms and Conditions for a period of one (1) year from the date at which the breach in question arose, which the User specifically acknowledges and accepts.
The User may terminate his/her subscription by sending an e-mail to email@example.com. The termination of the Subscription shall be effective upon expiry of the ongoing Subscription period.
Would s/he wish so, the User may request that ClosetValet deletes its account.
ClosetValet reserves the right to suspend access to the Platform or to certain functionalities of the Platform, or to terminate the account of the User by right, without notice, with no further formalities and no indemnity being due, by electronic mail or by regular mail, in the following cases:
- The User has been using the Platform in a way which is contrary to public order and decency;
- The User has breached the intellectual property rights of ClosetValet and/or a third party;
- Loss, misappropriation, unauthorized or fraudulent use of a username and password by the User;
- Conception, use or provision via the Platform of any content that is unlawful or in breach of these Terms and Conditions;
- If an account is terminated the User may no longer use the Platform from his/her account, which will be closed.
ClosetValet reserves the possibility to interrupt, at any time, temporarily or permanently, access to the Platform. In case of a definitive interruption, the User will be informed by any means that should be deemed appropriate by ClosetValet.
ClosetValet shall under no circumstances be held liable to the User, a Developer or to any third party for the termination and/or suspension of the User's account under the conditions set out in this article.
The User is authorized to Used Robots in relation to the Platform, provided that such use does not lead to the creation of one or several user accounts on the Platform; and/or cannot be considered to be an Intrusion Test.
The User guarantees ClosetValet from any harm, loss, actions, outlay, decisions or costs (including any compensation that may be awarded to a third party, in particular clients of ClosetValet) associated with the non-availability, a production incident or any other technical difficulty that may arise at a time when the User was conducting an Intrusion Test.
ClosetValet reserves the right, at any time, to modify these Terms and Conditions of use and sale as it may deem to be necessary and useful.
The User will be able to access them through her/his personal account and on the Platform.
Any User who does not specifically accept the new Terms and Conditions may terminate his/her account in application of these Terms and Conditions.
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 this Agreement 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.
If one or other Party fails to exercise any one of its rights under the terms of this Agreement 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.
Convention of Proof
Computerized records shall be kept in the systems of ClosetValet under reasonable security conditions and shall be deemed to be proof of exchanges, actions, orders and payments that have arisen on the Platform or via email.
Relationship between the Parties
Unless expressly stated otherwise, the Parties shall remain independent contractors and no provision of these Terms and Conditions shall be construed as creating between the Parties any partnership, company, nor any relationship of agent or commercial agent.
If one or more of the provisions of these Terms and Conditions 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, in compliance with the applicable legislation and the mutual intent of the Parties.
Applicable law – Competent jurisdiction
These Terms and Conditions are governed by French law.
Any dispute related to the conclusion, the interpretation, the enforcement and/or the termination of these Terms and Conditions is submitted to the exclusive competence of the Paris Courts, notwithstanding plurality of defendants.