Easy-to-use platform and app with an average user rating of 4.9/5
Carbon neutral, secured servers and privacy laws compliance
Real support by real people
Qomon integrates with 5000+ other apps
"Qomon" (hereinafter the "Supplier") is the brand and trade name of DOLPHINS SAS, a company domiciled at 7 place de l'Hôtel de ville - 93600 Aulnay sous bois - France and 55 rue des Francs Bourgeois - 75004 Paris - France.
The prospect is invited to read these conditions carefully before accepting them. The subscription to the Qomon Services is made either online by the prospect via the Website or after a chat with the Qomon sales team.
Upon registration, the Customer accepts this Agreement and the appendices mentioned below unreservedly and immediately by means of a signature, electronic signature, email confirmation or checkboxes confirming acceptance of these terms.
The Customer may at any time consult or reproduce this Agreement, store it on his/her computer or on another medium, send it by email or print it out on paper for safekeeping.
These General Terms of Service (or "TOS"), together with any additional terms and conditions that may apply - such as specific terms and conditions set out in an appendix to this Agreement or on the quotation accepted by the customer (together, the "Terms and Conditions"), contain the general terms and conditions that apply to our Services.
By clicking the "I agree" box when creating a Qomon space, signing a quote, or sending your agreement by email, you indicate that these General Terms of Services and its annexes constitute a binding agreement between you - who declares to be a legal representative of the organization or legal entity (referred to as "you" or "your") that has subscribed to a Service and created a Qomon space - and us.
The Subscriber declares that he/she has read all of these General Terms of Service and its appendices, as well as the General Terms of Use concerning the End Users of the Services and accepts them without restriction.
The Subscriber declares that he/she is aware of the characteristics and features of the Services, that he/she is aware of the technical configuration necessary for their use by him/her and the end-users, that he/she has received from Qomon all the advice, instructions and details necessary for him/her to subscribe to the Services with full knowledge of the facts, that he/she thus has sufficient knowledge of the Services and that he/she has, prior to this, sufficiently communicated with the sales department of Qomon to ensure that the Services correspond to his/her expectations, needs and constraints.
Additional Documents
The following documents are also incorporated by reference into these Terms and Conditions:
Qomon is a platform for digital organizing and a Citizen Activist Relationship Manager available on the web and on a mobile application which includes databases, communication, online and field surveys and questionnaires, petitions, door-to-door canvassing, phoning, information sharing and exchange, action and reporting modules, volunteer management, data analysis, mapping, profile analysis and in some cases, fundraising tools.
Each organization or client creates its own environment on the Qomon platform (also called "space" or "account").
Qomon is a Saas software (“Software as a Service”). It is a paid service that plans plans (also called subscriptions), add-on (additional features) and additional "services +" linked to its software (training, support, white label, private API). The description of its services and plans is available online on the Qomon sales and marketing website from the URL qomon.com, and more specifically on the page qomon.com/pricing.
Access to the features depends on the plan and the add-on chosen and paid for by the Customer. The Customer therefore does not have access to all of the platform's features but only to those which correspond with his/her chosen plan and add-on. To guide him/her in choosing which plan and add-on to avail of, he/she can talk to the sales team or consult the page qomon.com/pricing
For example, a paid Qomon Premium subscription includes access to features such as team management, contact management, petitions, forms, door-to-door, phoning and the general dashboard; as well as access to the "Connect" service and the mobile application. It does not include multi-space functionality or, for example, "ProfileScanner."
4.1 We regularly update and improve the Services. We may, from time to time, add or remove features to improve the ease of use of our Services for our customers and end users. These Terms and Conditions may also be amended. We reserve the right to change the Terms and Conditions at any time, but if we do so, we will notify you by placing a notice on the Platform, and/or by sending you an email and/or by any other means.
4.2 If you do not agree with the new Terms and Conditions, you are free to reject them; unfortunately, this means that you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms and Conditions has come into effect, this constitutes acceptance of all new changes made.
4.3 With the exception of the changes made by us as described above, no other amendments or modifications to these Terms and Conditions may be made.
Each of the parties undertakes to keep strictly confidential all documents and information designated as confidential by the other party, including those of which it may have become aware in the course of the conclusion and performance of this agreement, and must not disclose these documents or information without the prior written consent of the other party. This obligation does not extend to documents and information: of which the receiving party was already aware; already public at the time of disclosure or which would become public without breach of this Agreement; lawfully received from a third party; and required to be disclosed by judicial authorities, pursuant to laws and regulations or in order to establish the rights of a party under this Agreement.
This obligation of confidentiality extends to all employees, collaborators and partners of the parties as well as their affiliates and co-contractors, and in particular, to the Users. It will continue to have effect for one (1) year from the termination or end of the Subscription.
We are committed to respecting the privacy of our users. We will maintain and use your information in accordance with our Privacy Policy, which is incorporated by reference into these Terms and Conditions, and which may be changed at any time at our discretion ("Privacy Policy"). Your continued use of the Services indicates your acceptance of such changes.
6.1. Use of the Services is subject to the Subscriber's compliance with and acceptance of the End-Users Terms of Use (TOSEND) incorporated herein.
6.2. Most of the features of the Service are reserved exclusively for End Users selected and invited in advance by the Customer either by email or by means of an invitation code, provided that the End Users operate exclusively under the direct authority of the Customer, and for the Customer himself/herself. The Customer shall ensure that End Users do not allow any third party to use their credentials in their place or on their behalf, and shall do so under their responsibility. The Customer is also responsible for maintaining the confidentiality of the Members' login details. The Customer will take all measures that it deems necessary in the event of use of the accounts without their knowledge by a third party.
The Customer will also ensure that the General Terms of Use are respected by all its End Users invited to its Qomon space.
6.3. Transfers of ownership between the account owner, the super admin and the admin.
Requests to transfer ownership of a space are organized under three categories:
(i) Type A transfers, which are transfers of account holder/administrator ownership initiated by the account holder/administrator via the Qomon support team or by changing their information on their organization settings;
(ii) Type B transfers, which are requests to transfer ownership of the account holder/administrator initiated by someone other than the account holder/administrator;
(iii) Type C transfers, which are requests for transfer of Account Holder/Administrator property initiated by the recipient, his or her proxy or the executor of a deceased Account Holder/Administrator.
Qomon may, at its sole discretion, refuse any request for a transfer of ownership of a space if its employees and support teams believe that they have not collected sufficient documentation to permit an account transfer; this is particularly so in the case of type B and C transfers.
You acknowledge that the Services are owned by Qomon.
You accept that you are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, reproducing (except as expressly provided in the Terms and Conditions), creating derivative works based on, or in any way exploiting, the Services. You are permitted to copy or download certain content from the Provider; it is worth noting, however, that the existence of this feature does not negate the above restrictions- they continue to exist.
7.1 Ownership
Ownership of all intellectual property and other rights that exist in connection with the Services and our Website, including, but not limited to, the software, design, layout, content, links, artwork, logo and catchphrases and so on remain with us and our licensors, developers and partners, as applicable. All content is copyrighted and owned by us or used with our permission.
7.2 The materials displayed, performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so on (all of which will now be referred to collectively as the "Provider Content") are protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark laws, information and restrictions contained in any content from the Services accessed through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, download, display, license, sell or otherwise exploit for any purpose any Provider Content that you do not own (i) without the prior consent of the owner of that Content from the Services or (ii) in a manner that infringes our rights or the rights of any third party.
7.3 Use of your image for marketing purposes
By accepting this agreement, you authorize Qomon to use your logo and the name of your organization in its marketing and sales material. This permission is valid for a period of 5 years after the end of the subscription. If you wish to object to the use of your image, you can contact our support team at support@qomon.com or admin@qomon.com.
PAYMENT
8.1 Product features and prices of the Services
For more information on product features and pricing, see our website page at http://qomon.com/pricing or our sales material. We may change our prices, plans and associated features at any time. The applicable price is the one displayed on your paid invoice, or signed quotation when you subscribe to our services. This price is valid for the duration of your commitment; usually on a monthly or annual basis.
If you are subscribed on a monthly basis, the price change will apply the following month. If you have subscribed to an annual subscription, the price change will apply after the anniversary date of your subscription. We do not issue refunds.
8.2 Discounts for advance payments
Advance and annual payments are proposed with a 25% discount compared to a monthly payment. Other conditions may apply to special plans such as prepayments and for more than 2 years of commitment for which a 35% discount applies. Contact the sales department for more information or to avail of these early payment discounts.
8.3 Payment terms
All Qomon subscriptions are required by default to be paid in advance to cover the cost of set-up.
The Starter plan can be availed of directly and independently from the Qomon Marketing Website.
If you wish to set up multiple payments, the same 25% increase will be applied to the cost of your quote.
The payment conditions for each type of Service are as follows:
(i) An immediate charge for all Self-Service plans, i.e. purchased directly from the Qomon Website and the start.qomon.app services.
(ii) 1 day from the start of your subscription (Starter, Premium, Organisation) paid monthly (excluding Self-Service) and for the Data & Profile add-on.
(iii) 3 days from the start of your subscription (Starter, Premium, Organisation) paid annually or for 2 /3 /4 years.
(iii) 15 days for our additional services (Service +) and Enterprise plan.
Payment that is not received within these time limits is considered late payment. In the event of late payment, both you and your End Users’ access to the Platform and Application may be terminated or suspended. (see below for more information).
(i) Method of payment
We accept the following payment methods: American Express, Visa, Mastercard, Direct Debit, Bank Transfer.
(ii) Currencies
We accept payment in dollars, pounds sterling and euros. Any other currency received may incur charges and/or risk of exchange loss which may be charged to the Customer.
(iii) Authorisation for recurring billing
By providing your credit card information or IBAN, SWIFT or other BANK ACCOUNT DETAILS (direct debit) and agreeing to purchase Services from Qomon, you authorize us (or our representative) to automatically charge your credit card or bank account on the anniversary date of your subscription for the duration of your subscription period ("Subscription Period") for all charges accrued to that date (if any) in accordance with the Services subscribed to online, signed quotations, your usage of the Platform, or any other applicable subscription terms.
You acknowledge and agree that the amount billed and debited on each anniversary date may vary depending on your use of the Services and may include a subscription fee for the remainder of your applicable billing period and an excess fee for the previous month.
It is your responsibility to ensure that your chosen method of payment is at all times compatible with the list of payment methods permitted by law for the use of the Services in specific legal contexts. This applies in particular in the case of a payment from a bank account used for an election campaign. Qomon shall not be liable for the consequences of improper or fraudulent use of a payment method in this context.
8.4 Transaction fees
You acknowledge that for some Credit Cards, the issuer may charge a foreign transaction fee or other similar charges. The same applies to international or instant transfers and wires.
8.5 Invalid payment
In the event of a failed payment due to expiry of a credit card, insufficient funds or otherwise, you shall remain liable for all outstanding amounts and we may, at our sole discretion, either (i) charge you directly for the deficient amount, (ii) continue to charge the credit card once it has been updated by you (if applicable) or (iii) terminate these Terms and Conditions and therefore access to the Platform resulting in the erasure of your data.
8.6 Change of credit card information
You may change your credit card information at any time either by contacting support@qomon.com, by logging into your Qomon platform in the billing settings, or via the link provided in each invoice you receive from us by email.
8.7 Termination of recurring billing
In addition to the termination rights set out in these terms and conditions, you may terminate the subscription period by canceling your subscription from the Platform settings or by sending us a notice of non-renewal at support@qomon.com in accordance with the section below. The termination will take effect at the end of the current subscription period, which is usually at the end of the annual or monthly subscription.
8.8 Payment of outstanding subscriptions, add-ons and fees
Upon termination or expiration of the subscription period, we will charge your credit card (or bill you directly) for any unpaid subscriptions, add-ons or fees for your use of the Services during the subscription period, after which we will no longer charge your credit card or account.
You agree to pay interest on any unpaid amounts up to the maximum rate permitted by law. We will automatically charge the credit/debit card/bank account on file for your account (the "Payment Method") for all amounts owing on your account (including interest) for as long as your space is open, whether or not you use the Services.
You agree to pay attorney's fees and court costs if amounts owed to us are collected by or through an attorney or collection service.
8.9 Manipulation
Manipulation of the use of the Platform to avoid fees is not permitted and may result in your space or account being closed and blacklisted from accessing our Services, in addition to requiring you to pay certain fees associated with such manipulation.
8.10 We are not responsible for the actions or inactions of any payment processor. If your account is overdue or charges are reversed, we may close your space or account (see conditions below).
8.11 We have the right to accelerate payment of any charges you owe us if we reasonably believe that you will not be able to pay us on time.
8.12 If we process payments on your behalf and you have an outstanding balance, you accept that we may deduct our fees from any payments we process on your behalf.
8.13 Credit card processing
We use Stripe and other payment processing providers and platforms. Your use of the services of any of these providers is subject to your agreement to and continued compliance with their terms and conditions.
8.14 Coupons and discount codes
Qomon may in some cases issue you with a coupon or discount code (“Coupon”) entitling you to discounts on your invoice. This coupon is strictly personal and for one-time use only. It may not be distributed or shared publicly or widely. The use of a coupon is strictly subject to the prior agreement of Qomon. This authorization of using the coupon is time-limited - the authorization is valid for 1 month - and the coupon is allocated to you personally - and not to your entire organization. If you use a coupon without the agreement of Qomon, even if you have been able to subscribe to the Services, Qomon reserves the right to cancel this discount and to automatically charge you the additional costs due. If applicable, repeated manipulation may result in your space or account being closed and blacklisted from accessing our Services and a charge for such manipulation will incur.
8.15 Taxes
You are responsible for the payment, withholding, filing and reporting of all taxes, duties and other governmental assessments associated with your activity in connection with the Services, provided that we may, at our sole discretion, perform any of the foregoing on your behalf or for us as we see fit. The parties agree that payments due under these Terms and Conditions are not subject to value added tax or any other form of sales, duty or similar tax, whether levied on a federal, state or local basis (collectively, "VAT").
However, if any VAT is applicable to any consideration payable to us, such VAT will be added to our invoices and paid by you, and to the extent that you are not able to reclaim such VAT yourself or deduct it as input tax, you will be entitled to deduct such VAT as a deduction from amounts paid.
8.16 Automatic renewal
With the exception of when it is expressly provided for in the specific appendices or on the customer's signed quote, after the completion of the initial subscription period, the service will be automatically renewed for an additional period of the same duration in accordance with these Qomon Terms of Service.
The initial subscription period (monthly, annually or multi-annually) constitutes a minimum subscription period. In case of a change in pricing, the change will be applied to the new period. An annual or multi-year commitment therefore protects you from any price increase during the subscription period for equivalent services and usage.
You can terminate your subscription as indicated above at any time, but the termination will only be effective at the end of the subscription period.
SERVICES, ADD-ONS & ADDITIONAL FEES
8.17 Add-ons, services + and fees
You may be charged for additional fees, add-ons or services that are not included in your initial subscription or plan based on your requests to our customer or sales department and/or your use of the Services.
Examples of these additional fees include, but are not limited to:
(i) Add-on :
- SMS credits
- Bulk-emailing
- Data & Profiles Add-on to access territorial analysis and profile tools (the availability of the add-on and its price vary according to your geographical area)
(ii) Services +:
- high precision geocoding
- the White Labeling
- Strategic Support
- Training
- Data Integration
(iii) or the cost of additional contacts beyond your initial contact limit under your subscription
Specific case of the Data & Profile add-on
The add-on is priced according to the size of the targeted territory and the quality of data available in your country or state. This add-on is only available in certain geographical areas. Please contact our support or sales department for more information. XXX
Specific case of the SMS add-on
The sending of SMS is subject to regulations that differ from one country to another. It is therefore not available in all countries of the world. Please contact our support or sales department for more information.
Specific case of "High Precision Geocoding”
Qomon is a user and provider of collaborative mapping and geocoding solutions, such as OpenStreetMap. For Customers who require higher accuracy in address geocoding, the Supplier can plan high accuracy geocoding services based on the best available solution in the Customer's country. This option is subject to an additional charge. Please contact our support or sales department for more information.
SUBSCRIBE TO AN ADD-ON, A SERVICE OR CHANGE YOUR SUBSCRIPTION
8.18 You can upgrade your subscription to a higher plan or subscribe to add-ons at any time, regardless of your subscription period. The change to your subscription will be effective immediately or at a later date specified by you. You will have to pay the additional cost of this change for the days remaining before your subscription anniversary date.
For example, if you have been subscribed to the Starter plan since January 1st and on January 20th of the same year you wish to change your subscription to a Premium plan, you will pay the Starter plan subscription (from 1st to 31th of January) on January 1st. You will be charged the price difference between the amount already due and - in any case - collected by Qomon for the Starter subscription and the price of the 11 remaining days of Premium subscription until the anniversary date. As of the anniversary date of February 1st, you will pay the price of a Premium Plan for a full month without any change to the terms and conditions set out herein.
The minimum subscription period for Starter, Premium, Organisation and the Mass Email add-on is one month. Any month started will be charged in the case of a monthly subscription. Any year started will be charged in the case of an annual subscription.
You cannot downgrade your subscription during your subscription period. You will have to wait until the anniversary date of the subscription (usually annual or monthly) to downgrade your subscription.
8.19 Subscribing an add-on
You can subscribe to add-ons at any time to boost your platform and add useful features to your current plan; this includes SMS credit, the Data & Profile add-on, or the ability to send bulk emails.
The renewal date of your add-ons may differ from that of your main subscription, especially for the Data & Profile and bulk-email add-ons. Subscribing to an add-on follows the same principle as a regular plan: you cannot downgrade an add-on during your subscription period, and any period started will be charged.
Add-ons must be linked to a main plan (a Starter, Premium, Organisation or Enterprise plan) in order to access them.
Specific case of the Data & Profile add-on
The Data & Profile add-on provides access to new indicators and to territorial data, (and is therefore of a strictly non-personal nature) as well as tools for cross-referencing and analyzing your own databases with the goal to optimize your resources.
The Subscriber must thus pay a license fee to gain access to this add-on and cover the costs of setting up and updating the data, which takes place at least once a year.
This license fee allows access to the add-on's functionalities for 1 year and is automatically renewed each year under the same conditions as a subscription plan, with the exception of termination by the Subscriber under the conditions set out below or in the event of suspension of the main subscription by the Subscriber or by Qomon.
Access to the Data & Profile add-on is conditional upon payment of this annual license fee, and is due regardless of the duration of your commitment to the main subscription plan (monthly or annual).
Specific case of the SMS add-on
SMS is an add-on without any commitment in duration. It consists of a number of SMS credits on your Qomon account to be used. You have 12 months to use your SMS credits from the date of credit on your account. After this 12-month period, your SMS credit may expire.
SMS are credited within 24 hours, but most often within one hour after receipt of payment for your SMS add-on invoice.
Specific case of the Bulk-Emailing add-on
The Bulk-Email add-on is a monthly or annual subscription that allows you to obtain a monthly volume of emails to use. This volume is renewed every month, and any unused emails from the previous month cannot be credited to the following month.
We cannot be held responsible for undelivered emails, bounced emails, emails with errors, or emails appearing in spam. These will appear as consumed emails. If the Client wishes to increase their email volume during an ongoing month, the same pro-rata rules described in article 8.17 of this agreement will apply.
If the client wishes to decrease their email volume, the same prorated rules described in article 8.17 of this section will apply.
Subscription to a Service Plus (+)
You can at any time request to subscribe to a Service Plus (+) such as - but not limited to - Training, Premium Onboarding, Strategic Support, High Precision Geocoding, Data Integration, White Labeling, Premium Onboarding. Contact our support or sales department to obtain a quote for these services.
Specific case of the White labeling service
You can at any time request to subscribe to White Labeling Services, which are services for customizing the Platform, and more specifically, the Qomon Mobile Application. This can then be customized to your image and include your color palettes. To set up the White Labeling, you will have to pay both a setup fee (only payable in the first year or in the event of significant modification carried out by Qomon) and an annual fee. The annual fee covers maintenance costs and access to new features on your application. For any year started, the fee will be due.
Regarding the White Labeling service, the client acknowledges that in addition to the setup fee and the fee payable to Qomon, they must also pay fees related to access to the mobile Stores (Apple & Google), the prices of which are determined by these companies. The Client also cannot hold Qomon responsible for processing and acceptance delays, which can sometimes be lengthy, of their application on the Stores.
EXCEEDING THE CONTACT THRESHOLD
8.20 Contact Limit
When you choose your main plan, you also select a volume of contacts to manage and process on Qomon (also referred to as "contact limit").
You can exceed this limit; a contact being a line in your Qomon database. Thus, if you import files (contacts, addresses), each line constitutes a contact. And if someone responds to a survey, signs a petition, fills out a form, even anonymously, they automatically become a contact and are added to your database.
Your fees and subscription are based on the most recent volume of contacts on the anniversary date of your subscription, each month.
8.21 Tolerance & Alerts
Please note that there is a margin of tolerance of +10% of contacts in your database. For example, if you have a subscription for 100,000 contacts, you can actually have up to 110,000 contacts without any tariff modification.
If you exceed this limit, you will receive multiple notifications by email (on the admin email of your account) and in some cases on your Qomon platform in the form of a banner.
In respect of this, you have two options:
(i) Do nothing. If you are subscribed on a monthly basis, you will automatically move to the next threshold on the anniversary date. If you are subscribed on an annual basis, your account manager will contact you to see what you want to do (upgrade to a higher volume of contacts and pay future fees for the remaining commitment period pro-rata or delete contacts exceeding the limit).
Please note that for annual or multi-year subscription periods, if there is no response from you to the email notifications from your account manager, fees related to exceeding your contact limit will be automatically charged after 30 days. It is your responsibility to regularly check your email inbox, including your spam folder.
(ii) Delete contacts to go below the contact limit provided in your initial subscription. You have until the end of the current month to delete contacts. Otherwise, you will be upgraded. In all cases, you will receive multiple notifications, emails, and updates on the situation.
TRIAL OR TEST PLATFORM
8.22 Trial Period
As part of a marketing campaign or by applying a code, Qomon may grant you a non-exclusive, non-transferable, and revocable license to use its SaaS platform and Services for a trial period of 7 days (the "trial period") from the date of creation of your account. The trial period is only available for internal evaluation purposes.
At the end of the trial period, if you decide not to terminate the trial period, your subscription to Qomon Services will automatically begin under the above-mentioned conditions. You will then be able to continue using the account opened during your trial period.
You authorize Qomon to debit or charge the amount due for the subscription, as well as any related fees. No refunds are possible.
If you terminate the trial period within 7 days from the date of registration via the platform or by email to support@qomon.com, the license will expire immediately, and your access will be restricted.
8.23 Test Platform or Sandbox
The Qomon support or sales departement may invite you to access a test platform or "Sandbox". This test environment is already configured by Qomon and has limited features (without communication, precise geolocation, export, etc.) allowing you to perform internal testing.
This test platform is subject to the exclusive authorization and supervision of Qomon. Its access is limited in time (between 7 and 20 days), and the users of the test platform are subject to all the obligations and rules contained in these terms and conditions as well as the General Terms of Use.
In addition to the obligations contained in the General Terms of Use and in other sections of these terms and conditions, users of the test platform agree to use the platform only for internal testing purposes and therefore undertake not to provide any personal data without consent (i), delete personal data entered on the platform once the "test" is completed (ii), invite only necessary team members to the platform, with a maximum of 10 guests (iii), not attempt to manipulate and reproduce the Services (iv), not maliciously use the Services (v), not derive economic benefit from the work performed during the test (vi), without limitation.
The user of a test platform understands that the space provided, its content, as well as the data contained in the space, belong exclusively to Qomon.
Qomon may at any time - without providing a justification - terminate the test period and close access to the platform.
9.1 You are free to terminate your account at any time from the billing settings of your Qomon platform or by contacting us at support@qomon.com.
Termination of your account does not terminate your payment obligations. Your payment obligations are governed by the terms of your subscription and/or contract with us. If you are a monthly subscriber, your payment obligations end on the anniversary date following the month in which you terminated.
If you are an annual or multi-year subscriber, your payment obligations end on the anniversary date of the subscription.
9.2 Personal Data
Please refer to our Privacy Policy, as well as our Data Processing Agreement, to understand how we process the information you provide to us after you have ceased using our Services.
9.3 Downloading and Deleting Your Data on the Qomon Platform
You own the personal data that you manage on your Qomon platform. Therefore, you must download all your personal data before the date on which your termination becomes effective.
Once your account is terminated, for compliance and security reasons, access to your account will be terminated and you will no longer have access to download your data.
The data will then be permanently erased from our servers after the termination of your account, as we will no longer have a contract or authorization to manage them on your behalf.
9.4 Termination by Qomon for regulatory compliance reasons
We may modify or terminate the Service or any portion thereof in any country or jurisdiction where there is a current or future governmental requirement or obligation that (1) subjects us to a regulation or requirement that is not generally applicable to our operations, (2) presents a difficulty for us to continue operating the Service or any portion thereof in such country or jurisdiction without modification of our Services, and/or (3) makes us believe that such conditions or the Service or any portion thereof may conflict with such requirement or obligation. If we terminate the service for regulatory reasons, we will provide you with a credit for any prepaid amount.
9.5. Our right to close your account or limit certain features
We reserve the right, at our sole discretion, to close your Account, without notice, for one or more of the following reasons:
(i) if you or any of your Account contacts, intentionally or unintentionally, violate any section of these Terms and Conditions, rules and directives of our respective service providers, or any of our rights;
(ii) if we receive notification that you or your organization will be or is subject to insolvency proceedings;
(iii) upon receipt of notification from a third-party partner unable to provide the service;
(iv) if we do not receive a written response from you within 72 hours of any notice sent via support@qomon.com;
(v) if, in our judgment, your use of the service has the potential to cause harm to us, any of our affiliates, partners, employees, service providers, or customers;
(vi) if your account remains unpaid and is not paid within twenty days of the due date;
(vii) if a hacked script or compromised website is discovered on our systems at the service level you are using;
(viii) if we receive too many reports about your petitions, consultation surveys or online forms hosted on qomon.org;
(ix) if the legal notices - including your privacy policies - of your petitions, online forms, or consultation surveys violate applicable law;
(x) if an unusual spike in resource usage is detected by our systems, resulting in a significant overrun of resources allocated to an account;
(xi) if you fail to remedy a suspension of your account or any individual service to our satisfaction and within the time frame we specify; or
(xii) if, in our judgment, we have received too many complaints about your content.
In case of such closure of your account, you will not be entitled to a refund of fees and you may be prohibited from opening your account again, opening a new account or accessing an existing account. You agree that we will not be responsible in any way for any closure in accordance with this section of the Terms and Conditions.
9.6 Effects of Termination and Suspension
Upon any termination of your Account: (i) these Terms and any rights granted hereunder will immediately cease (except as expressly stated or by their nature survive); (ii) any access to the Service and your Account will immediately cease; (iii) you will be billed, and we may attempt to automatically collect from your Payment Method, any amounts owed; and (iv) all Content and data hosted is subject to deletion from our servers and backup systems, and we may not have or retain backup of the Content or data hosted. We recommend that you perform frequent and regular backups.
We also recommend that you ensure that you have retrieved all of your Content, data, and performed all necessary backups before submitting any request to close your account or any other service.
You agree to hold us and our affiliates harmless from any claims, losses or damages resulting from the closure of your account.
All sections of these Terms and Conditions that impose continuing obligations shall survive termination or remain in effect even after the closure of the account.
You agree not to access or attempt to access your account or any previously associated services after any closure.
In the event of suspension of your account, all services associated with your account will be rendered inaccessible until the issue related to the suspension is addressed and resolved.
This section concerns - but is not limited to - the forms, petition and consultation questionnaire functionalities. It also addresses the functionalities of documents (material), briefs and the creation of actions.
10.1 The content and information displayed on the Services are solely the responsibility of the Client who provides such content, and you access such content and information at your own risk. We are not responsible for any errors or omissions in such content or information, nor for any damages or losses that you may incur in connection with them. We do not verify the content posted on the Services, and any questions regarding such content should be addressed to its owners. You are solely responsible for interactions with other end users of the Services.
When accessing third-party websites or using third-party services, the services may contain links or connections to third-party websites or services that are not owned or controlled by us. You acknowledge and agree that accessing third-party websites or using third-party services comes with risks and we are not responsible for those risks. We encourage you to be careful when leaving the Services and to read the terms and conditions and privacy policy of each third-party website or service you visit or use. We have no control and assume no responsibility for the content, accuracy, privacy policies, practices, or opinions expressed on third-party websites or by any third party with whom you interact through the services. By using the services, you release us from and waive any and all liability arising from your use of any third-party website or service.
10.2 Licensing of Content
When you post content in public areas of the service, you agree to grant us, and hereby grant, a worldwide, royalty-free right to use, modify and perform any content you post or submit for publication in public areas of the service. The term "use" includes, without limitation, use, reproduction, modification, publication, listing of information, editing, translation, distribution, public display, public performance and creation of derivative works from the content.
When you post images, videos or other digital photos in public areas of the service, you represent and warrant that these materials are original and do not contain any third-party content for which you do not have appropriate copyright permissions to use these images, including the consent of any individuals depicted in the manner in which you have posted them.
If the features of the service allow you to remove or delete your content from the service, the aforementioned licenses you have granted will end within a reasonable time after you have removed or deleted the content from the service. However, you understand and agree that we may retain, but not display, distribute or perform, server copies of your content that has been removed or deleted.
10.3 For the petition, form and consultation questionnaire features, or the services publicly accessible through the qomon.org domain, Qomon acts as a hosting subcontractor of services on behalf of its clients.
Qomon does not collect any personal data (including via tracking systems or cookies) on qomon.org services for its own account. The Client of Qomon's services acts as the data controller and is the sole owner of the personal data collected through the Service.
As a Client and data controller, it is your responsibility to provide all legal documents and information to your users, including a privacy policy, as well as any other document required by local authorities.
As a Client, you may not hold Qomon liable for any breach of your obligations as a data controller.
These terms and conditions grant you a non-exclusive, limited, non-transferable, and freely revocable license to use the services, subject to your compliance with all the terms and conditions. We may terminate this license at any time in case of violation of our terms and policies.
12.1. Obligation of means
The Services are provided "as is". It is up to the Client to verify that the Services are suitable for their needs and, in particular, for the legal and regulatory requirements to which their activities are subject, especially when using the Services in a regulated electoral framework or when the Client acts as a Data Controller and disseminates web pages and online forms. Qomon disclaims any liability in this regard.
However, Qomon is subject to an obligation of means. In this context, Qomon undertakes to exercise all necessary care and diligence in providing a quality and secure Service, in accordance with the characteristics and terms provided in these Terms and Conditions.
12.2 Limitation of Liability
Subject to applicable legal provisions, Qomon, its affiliates, licensors or service providers shall not be liable for any loss of profits, loss of enjoyment, business interruption, costs of procurement of substitute technologies or services, any penalties and/or damages of any kind arising out of or related to the performance or use of the Services.
This includes in particular:
The liability of Qomon, for any reason whatsoever, shall not exceed the amount of the price actually paid by the Client during the twelve (12) months preceding the occurrence of the breach or damage.
12.3 Force Majeure
We will not be liable to you or any other person, company, or entity for any failure to perform under this agreement if such failure affecting us or affecting our service providers and contractors is due to one or more causes beyond our control, including, but not limited to, strikes, labor disputes, work stoppages, or other labor difficulties, shortages of labor or materials, riots, vandalism, civil disturbances, acts of terrorism, war, third-party supplier failures, cable cuts, power shortages, infrastructure failures or malfunctions, Internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, power outages, loss or fluctuations of heat, light, or air conditioning, weather events, fires, floods, storms, explosions, and other acts of nature or similar events; any law, order, regulation, directive, action or request of any local or foreign government, or any national emergency.
You may use APIs or integrations if you wish with all Qomon subscriptions. These third-party services provide you with additional data from our partners. Before accessing this service, you will need to register with these services by accepting their additional terms and conditions which may differ from these TOS.
14.1 Advertisements
The company does not currently display advertisements through the Services. If, at a later date, the Company decides to include advertisements or commercial solicitations in the publicly accessible portion of the Services or associated websites, we will modify and submit new terms for your agreement. This exclusion does not extend to in-house advertisements, which the Company may place in a non-intrusive manner.
14.2 Full agreement without waiver
These Terms and Conditions constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements and arrangements, whether written or oral, in this regard. You may be subject to additional terms and policies from third parties based on your use of the services. No failure to exercise, or delay in exercising, by either party of a right or power under these Terms shall be deemed a waiver of such right or power, and no single or partial exercise of a right or power under these Terms shall prevent the subsequent exercise of such right or any other right under these Terms. In the event of any conflict between these Terms and any applicable purchase or other condition, these Terms shall prevail. If any provision of these Terms is unlawful or unenforceable under applicable law, the remainder of the provision shall be modified to achieve as closely as possible the effect of the initial provision and all other provisions of these Terms shall remain in full force and effect. The titles of sections and paragraphs of these Terms are provided for convenience only and shall not affect their interpretation.
14.3 Notices
We may send you notifications, whether required by law or for marketing or other business purposes, via SMS, email, written or paper notice, or by displaying such notice on the Services, as determined by us.
We are not responsible for any automatic filtering that you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add hq@qomon.com or hq@qomon.app to your email address book to ensure that you receive our email notifications.
14.4 No agency, partnership, joint venture, or employment is created as a result of these Terms and you have no authority of any kind to bind us in any respect. You and we agree that there are no intended third-party beneficiaries of these Terms.
14.5 Limitation on time to file claims
Any action, claim, or dispute you have against us must be filed within 6 months after the action, claim, or dispute first occurred.
14.6 Modifications to the terms
As stated earlier, we may revise and update these terms at our sole discretion. All changes become effective immediately upon us posting them.
14.7 You are not permitted to assign, transfer or transmit these Terms and Conditions or any of its obligations without our prior written consent. Any such assignment, transfer, or transmission on your part in violation of these Terms and Conditions shall be null and void. By accepting these Terms and Conditions, you consent to the storage and processing of your personal information, including sensitive information, in France or other countries. We use a series of measures to protect the information, but these countries may have different laws from those of your country of residence.
You also consent to the personal information, including sensitive information, regarding you and the people in your space being assigned, transferred, or transmitted in the event of a business transition such as, but not limited to, a merger, sale, acquisition of assets or shares of our company by another company, or any other transaction or proceeding. In such a case, your information would be used as described in our Privacy Policy. We may assign, transfer or transmit (whether by contract, merger or operation of law) these Terms and Conditions, or any part thereof, at our sole discretion.
15.1 Choice of jurisdiction
The General Conditions are governed by French law. Therefore, these conditions are expressly governed by the application of French law.
15.2 You agree to indemnify, defend, and hold us and our officers, directors, employees, agents, affiliates, service providers, successors, and assigns harmless from any loss, damage, liability, deficiency, claim, action, judgment, settlement, interest, award, penalty, fine, cost, or expense of any kind, including reasonable attorneys' fees and costs, arising out of or in connection with (i) your breach of this Agreement; (ii) any user content you submit, post, or transmit through the Service; (iii) your violation of the rights of any party, including but not limited to intellectual property rights, right to privacy, right to publicity, and confidentiality; or, (iv) any consequence of your use or your space's use of the Privacy Policy.
15.3 Dispute resolution
The parties irrevocably agree that in respect of any dispute or claim arising out of or in connection with these Conditions, their subject matter or formation (including non-contractual disputes or claims), the French courts shall have jurisdiction and particularly the Paris Court.
If you are a resident of the European Union, the General Data Protection Regulation ("GDPR") applies. For more information, you can contact our Data Protection Officer at dpo@qomon.com.
For any other inquiries, please contact support@qomon.com.
To learn more about how we process data, please see our Privacy Policy.