Conditions Generales d'Utilisation

Derniere mise a jour : Mars 2026

These Terms of Service ("Terms") govern your access to and use of the Smartfluence platform, website, and related services (collectively, the "Service") provided by Smartfluence SAS, registered at RCS Paris 977 554 021, located at 11 rue Saint-Lazare, 75009 Paris, France ("Smartfluence", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Principles

These general conditions govern all service provisions between professionals. They express the complete obligations of the parties and constitute the sole foundation of the commercial relationship. The buyer is presumed to accept them without reservation.

These conditions prevail over any other document, including purchase conditions. Smartfluence reserves the right to modify conditions periodically. These conditions are applicable until April 30, 2029.

2. Service Description

Smartfluence is an AI-powered influencer marketing platform designed for agencies. The Service provides influencer discovery, audience analytics, campaign management, predictive performance scoring, and reporting tools (influence marketing in SaaS mode). Access to the platform is provided on a subscription basis, with features and limits determined by your chosen plan.

These conditions concern services performed in France for buyers located on French territory. For services performed outside France, a specific quote must be requested.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where practicable.

3. Orders

The buyer places orders online through the catalog and form on the website. For validation, the buyer must accept these general conditions, triggering a confirmation email. Payment occurs via bank transfer. Any order constitutes acceptance of prices and service descriptions.

Smartfluence reserves the right to block orders due to payment failure, incorrect address, or account problems. If performance is impossible, the buyer is informed by email.

4. Electronic Signature

Providing banking coordinates online and final order validation constitute proof of agreement and establish the exigibility of sums owed for the order, as well as express acceptance of all operations performed.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service in any way that violates applicable local, national, or international law or regulation.
• Scrape, crawl, or use automated means to extract data from the platform beyond the scope of your subscription.
• Attempt to gain unauthorized access to any part of the Service, other accounts, or computer systems.
• Transmit any malware, viruses, or other harmful code through the Service.
• Use the Service to send unsolicited communications (spam) to influencers or other parties.
• Resell, sublicense, or redistribute access to the Service without our prior written consent.
• Interfere with or disrupt the integrity or performance of the Service.

We reserve the right to suspend or terminate your account if we reasonably believe you have violated these terms.

6. Pricing and Payment

Unless otherwise agreed, service prices depend on personnel number and experience, competence level, and required responsibility. VAT at current rates applies when applicable.

Invoice settlement is due upon receipt. Payment delays obligate Smartfluence to invoice late penalties at the minimum legal rate. The late debtor must pay a fixed compensation of 40 euros for recovery costs. Smartfluence may suspend service execution until full payment of outstanding invoices.

Price reductions: the buyer benefits from rebates for single annual payment, as determined during commercial negotiation.

7. Payment Terms

Order settlement occurs via bank transfer. The price is payable entirely in a single payment upon receipt. Payment delays make immediately exigible all sums owed to Smartfluence by the buyer.

8. Intervention Deadlines

Except for force majeure or announced closing periods, intervention deadlines apply within availability limits. For services performed in Metropolitan France, the deadline is 30 business days from the day following order placement.

For service performance unavailability, the buyer receives early notification and may cancel the order, requesting reimbursement within 30 days maximum from payment.

9. Obligations

Provider obligations: Smartfluence commits to a best-efforts obligation, executing services respecting strict professional rules. We assign professionals with required competencies to ensure quality performance.

Buyer obligations: To facilitate proper service execution, the buyer commits to:

• Providing complete, accurate information and documents within necessary timeframes.
• Making timely decisions and obtaining necessary approvals.
• Designating a correspondent with decision-making power.
• Ensuring key interlocutors' availability throughout service execution.
• Warning Smartfluence directly of any execution difficulty.

10. Intellectual Property

The Service, including all software, algorithms, data models, designs, text, graphics, and other content, is the exclusive property of Smartfluence SAS and is protected by French and international intellectual property laws.

Your subscription grants you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes. This license does not include the right to modify, copy, distribute, or create derivative works based on the Service.

Any data, reports, or content you create using the Service remains your property. However, we retain the right to use anonymized and aggregated usage data to improve the Service.

Neither party may use the other party's name, marks, or logos without prior written agreement, except that Smartfluence may cite the buyer's name as a reference after service completion.

11. Confidentiality

Each party commits to non-disclosure of confidential information received from the other. Confidential information means information of any nature concerning structure, organization, affairs, projects, and personnel of each party.

Confidentiality obligations produce effects for 1 year following service termination. Service content, reports, correspondence, and information provided by Smartfluence during execution have confidential character and must not be disclosed to third parties without written authorization.

12. Liability

Total Smartfluence responsibility for any breach, negligence, or fault is capped at service-related fees paid, covering all claims regardless of actions or invoked bases.

Smartfluence shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill.

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied.

13. Guarantee

Smartfluence guarantees the buyer against service conformity defects and hidden vices from design or supply defects, excluding buyer negligence or fault. In all cases, the guarantee is limited to the HT amount paid by the buyer.

14. Subcontracting

Smartfluence reserves the right to cede all or part of service execution to providers meeting the same qualification requirements. If particular technical competencies require partial subcontracting, the buyer is informed. The subcontractor commits to confidentiality.

15. Claims

All claims, friendly or judicial, concerning service execution must be formulated within one year from service completion.

16. Right of Withdrawal

Since the buyer is a professional purchasing within and for professional needs, consumer code withdrawal rights do not apply.

17. Force Majeure

All circumstances beyond the parties' will, preventing normal obligation execution, constitute exoneration causes and entail suspension. This includes transport blocking, earthquakes, fires, storms, floods, lightning, and telecommunication difficulties external to client networks.

Should force majeure exceed three months, either party may terminate the conditions.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the French Republic. They are written in French. Should they be translated, only the French text is authoritative in dispute cases. Parties commit to seeking amicable solutions. Failing this, disputes shall be submitted to the competent courts of Paris, France.

19. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

20. Contact

If you have any questions about these Terms, please contact us via our contact page.

Smartfluence SAS
11 rue Saint-Lazare, 75009 Paris, France
RCS Paris 977 554 021