Purpose
These terms of use set out the conditions for accessing and using the Mirage Analytics audience analytics dashboard (the “Service”), published by DPLIANCE SAS. Any use of the Service implies full and unreserved acceptance of these terms.
Publisher and legal notice
The Service is published by:
- DPLIANCE SAS, a simplified joint-stock company with share capital of €5,000;
- Registered office: 24 Boulevard du Grand Cerf — HTAG Bureau 11, 86000 Poitiers, France;
- Poitiers Trade Register 853 089 142 — SIRET 853 089 142 00022 — APE code 6201Z;
- Contact: contact@dpliance.com;
- Publication director: Hichem Ammar-Boudjelal, President.
Hosting provider:
- Scaleway SAS — 8 rue de la Ville l'Évêque, 75008 Paris, France.
Definitions
- Customer: the professional holding an account on the Service.
- Visitor: the internet user whose activity is measured on the Customer's site.
- Service: the Mirage Analytics dashboard and its associated measurement script.
- Account: the personal space through which the Customer accesses the Service.
Access to the Service
The Service is reserved for professionals acting in the course of their business. Access requires an Account to be created beforehand and a subscription to be taken out. The Customer warrants that the information provided at registration is accurate and up to date.
User account
The Customer is responsible for keeping their login credentials confidential and for any activity carried out from their Account. They undertake to inform DPLIANCE without delay of any unauthorised use of their Account. DPLIANCE cannot be held liable for the consequences of fraudulent use resulting from the Customer failing to meet this obligation.
Description of the Service
The Service measures and analyses the audience of a website, in particular through:
- audience analysis (page views, events, traffic sources);
- session recording (session replay);
- heatmaps;
- data export in CSV and PDF formats.
Measurement is performed by a cookie-free script, whose data is hosted in France.
Obligations of the user
The Customer undertakes to make lawful use of the Service. In particular:
- the Customer must inform their own Visitors that audience measurement is in place on their site, and have an appropriate legal basis for that measurement;
- the Customer must not collect, through the Service, sensitive data (within the meaning of Article 9 of the GDPR) or data that directly identifies Visitors;
- the Customer must not make any use that is contrary to the law, to public order or to the rights of third parties.
The Customer remains responsible for complying with the regulations applicable to the processing of their Visitors' data.
Intellectual property
The Mirage Analytics Service, its trademark, source code, measurement script, interface and all of its components remain the exclusive property of DPLIANCE. This contract grants the Customer only a personal, non-exclusive and non-transferable right of use, for the duration of the subscription. Any reproduction, modification or reverse engineering is prohibited.
Availability of the Service
The Service is provided “as is” and accessible 24/7, subject to maintenance operations and technical contingencies. DPLIANCE strives to ensure the best possible availability but does not guarantee absolute, uninterrupted availability. DPLIANCE may temporarily interrupt the Service for maintenance, informing the Customer where possible.
Liability
DPLIANCE is bound by an obligation of means in supplying the Service. Its liability cannot be engaged in the event of indirect damage, loss of data or of revenue, or harm resulting from use of the Service by the Customer that does not comply with these terms, or from the Customer failing to meet their obligations. In any event, and to the extent permitted by law, DPLIANCE's liability is limited to direct damages.
Suspension and termination
Should the Customer fail to meet their obligations under these terms, DPLIANCE may suspend access to the Service or terminate the Account, after a formal notice has gone unanswered except in the event of serious breach. Termination does not give rise to any refund of amounts already paid for the current period.
Personal data
The processing of personal data carried out within the Service is described in the Privacy policy, which forms an integral part of these terms. The Customer is invited to read it.
Governing law and jurisdiction
These terms are governed by French law. Failing an amicable resolution, any dispute relating to their interpretation or performance will be submitted to the competent courts of the jurisdiction of DPLIANCE's registered office, subject to the rules of jurisdiction that are a matter of public policy.
Governing language
This document is an English translation provided for information. In the event of any discrepancy, the French version prevails.