GENERAL TERMS AND CONDITIONS

PLUSMO INTERACTIVE is a limited liability company registered with the Paris Trade and Companies Register under number 822 375 150, with its registered office at 75 rue d’Amsterdam – 75008 Paris (hereinafter "Plusmo").

Plusmo is a telecom aggregator offering a range of services enabling a subscribing company (hereinafter the "Client") to communicate with its own individual customers (hereinafter the "End Customers") through various communication channels accessible from the customer's mobile phone, such as SMS, RCS, WhatsApp Business, Instagram Messenger, Chatbots, and Facebook Messenger Chatbots.

1. FORMATION AND CONTENT OF THE CONTRACT

1.1. Content of the Contract

1.1.1. The contract concluded between Plusmo and the Client (hereinafter the "Contract") consists of:

  • These General Terms and Conditions;

  • A Personal Data Processing Agreement (hereinafter the "Agreement");

  • An Order Form detailing the Service(s) subscribed to by the Client (hereinafter the "Order Form");

  • An appendix to the Order Form specific to the processing of personal data implemented by Plusmo as a processor (hereinafter the "Appendix");

  • Any specific conditions agreed upon in writing between the Parties.

1.1.2. In the event of a contradiction between the Agreement/Appendix and the General Terms, the Agreement and Appendix shall prevail regarding data processing. Between the General Terms and the Order Form, the General Terms shall prevail.

1.2. Formation of the Contract

1.2.1. The Client completes and signs the Order Form. Signature constitutes acceptance of the General Terms and the Data Agreement.

1.2.2. The Contract is validly concluded on the day Plusmo receives the signed Order Form. Subscription to any new Service requires a separate Order Form.

1.2.3. Services are implemented exclusively within the European Union. Plusmo reserves the right to refuse orders if the Client is established outside the EU or transfers data through non-EU countries.

2. CONDITIONS FOR IMPLEMENTING SERVICES

2.1. Common Conditions for All Services

2.1.1. The Client must provide Plusmo with the End Customers' phone numbers (Excel or API) and the Content (or essential elements for formatting) at least 3 working days before the scheduled broadcast date.

2.1.2. The Client must formally validate the final version of the Content in writing. Plusmo is not liable for delays caused by the Client's refusal or delay in validation.

2.1.3. Receipt of Content by End Customers depends on external factors (network availability, device compatibility). Plusmo does not guarantee 100% delivery.

2.2. Service Specifics

  • RCS Messaging: Requires registration as an RBM agent with Google. If Google refuses registration, the Contract terminates, and only set-up fees are due.

  • SMS: Standardized short messages (160 characters).

  • WhatsApp Business: Requires registration with WhatsApp Ireland Limited and the creation of a professional account.

  • Omnichannel Communication: Combines multiple services (SMS, RCS, WhatsApp).

3. CONTENT COMPLIANCE

3.1. The Client is prohibited from broadcasting content that violates French law, specifically regarding:

  • Alcohol, tobacco, and medication advertising.

  • Deceptive or comparative advertising.

  • Intellectual property rights or privacy.

  • Gambling and protection of minors.

3.2. The Client shall indemnify Plusmo against any third-party claims resulting from a violation of Article 3.1, unless the content was created exclusively by Plusmo.

4. PRICING – BILLING – PAYMENT

4.1. The Client agrees to pay:

  • Set-up and material service fees.

  • Sending fees (based on the number of contents delivered).

  • Support service fees, if applicable.

4.2. Invoices are issued after each campaign and are payable via bank transfer within 30 days.

4.3. Plusmo may modify prices during the Contract to reflect changes in operator rates, subject to 15 days' notice and Client consent.

5. DURATION AND TERMINATION

5.1. The Contract takes effect upon receipt of the signed Order Form and continues for the duration of the campaign.

5.2. Either Party may terminate the Contract for a material breach that remains unremedied 15 days after formal notice.

5.3. Termination of the Data Processing Agreement automatically terminates the main Contract.

6. LIABILITY

6.1. Plusmo is not responsible for failures caused by inaccurate data provided by the Client. The Client guarantees that all personal data was collected in compliance with GDPR.

6.2. Plusmo's liability is limited to direct damages and is capped at the amount actually paid by the Client for the specific Service at issue. This cap does not apply in cases of gross negligence, willful misconduct, or bodily injury.

7. INTELLECTUAL PROPERTY

7.1. The Client remains the owner of its intellectual property but grants Plusmo a license to use it for the execution of the Services.

7.2. For content created by Plusmo, Plusmo assigns all copyright to the Client for the duration of the legal protection and worldwide.

8. CONFIDENTIALITY

Parties must keep all "Confidential Information" secret during the Contract and for 5 years after its termination. This includes technical, commercial, and financial data exchanged between the Parties.

9. PERSONAL DATA

Plusmo acts as a Data Processor for the Client's customer data and as a Data Controller for the personal data of the Client's own employees/representatives (for CRM and billing purposes).

10. FORCE MAJEURE

Neither Party shall be held liable for delays or failures caused by events of Force Majeure as defined by Article 1218 of the French Civil Code.

11. GOVERNING LAW AND JURISDICTION

The Contract is governed by French Law. Any disputes that cannot be settled amicably shall be subject to the exclusive jurisdiction of the Courts of Paris.

APPENDIX I: PERSONAL DATA PROTECTION POLICY

(For Employees and Representatives of Plusmo's Clients)

1. Data Controller

PLUSMO INTERACTIVE, 75 rue d’Amsterdam, 75008 Paris. Email: support@plusmo.com.

2. Purposes and Legal Basis

We process your data for:

  • Contract Execution: Managing orders, invoices, and technical support.

  • Legitimate Interest: Responding to contact requests and B2B marketing for similar products (you may opt-out at any time).

3. Categories of Data

We process identity data (surname, first name, position) and contact details (professional email, professional phone number).

4. Data Retention

Data is kept for the duration of the commercial relationship plus legal statute of limitation periods (generally 5 years for contracts and 3 years for marketing purposes after the last contact).

5. Your Rights

Under GDPR, you have the right to access, rectify, erase, or limit the processing of your data. You also have the right to object to marketing and the right to data portability.

To exercise these rights, contact: contact@plusmo.com.