Terms of Use — CheckUp

Preamble — Publisher identification

The checkup.braike.com website (the “Site”) is published by BRAIKE, a SAS (simplified joint-stock company) with share capital of €20,000, whose registered office is located at 18 bis rue de Villiers, 92300 Levallois-Perret, France.

SIREN: 106 573 983 — SIRET (registered office): 106 573 983 00017 — RCS Nanterre 106 573 983 — Intra-EU VAT number: FR67 106 573 983 (check digit to be confirmed against the official tax document).

Publication director: Antoine Mermet (President). Contact: contact@braike.com — +33 6 76 04 56 69. Hosting: Vercel Inc., 340 S Lemon Ave #4133, Walnut, CA 91789, United States (privacy@vercel.com).

Article 1 — Purpose

These Terms of Use (the “Terms”) define the conditions under which users (the “User”) access the Site and use the content offered on it.

The Site is a commercial showcase website presenting CheckUp, the automated advertising-account audit tool (Google Ads, Meta, TikTok) published by BRAIKE. It includes in particular a contact and demo-request form.

These Terms govern exclusively the use of the checkup.braike.com Site. Access to and use of the CheckUp tool itself are subject to separate contractual conditions entered into with each customer.

Article 2 — Acceptance of the Terms

Access to the Site implies full and unreserved acceptance of these Terms. If the User does not accept these conditions, they are invited not to use the Site.

BRAIKE reserves the right to amend these Terms at any time. The applicable version is the one online at the time of consultation. The User is invited to review them regularly.

Article 3 — Access to the Site

The Site is accessible free of charge to any User with Internet access. The costs of Internet access are borne exclusively by the User.

BRAIKE uses all reasonable means to ensure the availability of the Site. It nevertheless reserves the right to interrupt access to the Site at any time, in particular for maintenance operations, without such interruption giving rise to any compensation.

BRAIKE does not guarantee that the Site will be free of any bug or error, nor that it will be compatible with all hardware and software configurations.

Article 4 — Intellectual property

All elements of the Site (structure, texts, visuals, logos, iconography, source code, interfaces) are the exclusive property of BRAIKE or its partners and are protected by French and international intellectual property law.

Any reproduction, representation, modification, publication, transmission or distortion, in whole or in part, of the Site or its content, by any process whatsoever and on any medium whatsoever, is prohibited without the prior written authorisation of BRAIKE.

The BRAIKE and CheckUp trademarks and logos are registered or pending trademarks. Any unauthorised use constitutes infringement. The names of third-party platforms mentioned on the Site (Google Ads, Meta Ads, TikTok Ads, etc.) are the property of their respective owners.

Article 5 — User conduct

The User undertakes to use the Site lawfully and in accordance with these Terms. It is in particular prohibited to: collect the personal data of other users without their consent; disrupt the operation of the Site by any means (automated scripts, attacks, spam); reproduce or exploit any content of the Site for commercial purposes without prior authorisation; impersonate BRAIKE or one of its staff; transmit unlawful, offensive content or content infringing the rights of third parties via the contact form.

Article 6 — Personal data — GDPR

BRAIKE attaches particular importance to the protection of its users’ personal data and undertakes to comply with the General Data Protection Regulation (GDPR — EU 2016/679) and the amended French Data Protection Act.

6.1 Data controller. BRAIKE is the controller of the data collected via the Site.

6.2 Data collected and purposes. The Site collects, via the contact form, the following data: last name, first name, email address, company name, role and description of the need. This data is collected for the purposes of processing the contact request, commercial follow-up and, with the User’s consent, sending information about BRAIKE’s services.

6.3 Legal basis. The processing is based on BRAIKE’s legitimate interest (handling contact requests and B2B prospecting) and on the User’s consent for optional marketing communications.

6.4 Retention period. The data is kept for 3 years from the last contact, unless a legal obligation provides otherwise or the User requests deletion.

6.5 User rights. In accordance with the GDPR, the User has the rights of access, rectification, erasure, portability, restriction and objection to processing, as well as the right to withdraw consent at any time. These rights may be exercised by email to contact@braike.com or by post to the registered office. BRAIKE undertakes to respond within one month. The User may also lodge a complaint with the CNIL (www.cnil.fr).

Article 7 — Cookies

The Site uses only trackers that are strictly necessary for its operation and for securing the contact form (Cloudflare Turnstile). No audience-measurement cookie or marketing tracker is used; no consent is therefore required. Details are set out in the Cookie Policy.

Article 8 — Limitation of liability

The Site is provided “as is”. BRAIKE cannot be held liable for the interruption of the Site for technical reasons beyond its control, the loss or corruption of data resulting from use of the Site, direct or indirect damage resulting from access to or use of the Site, the content of third-party sites to which the Site links, or any malicious intrusion by third parties despite the security measures in place.

BRAIKE’s liability cannot be engaged in the event of force majeure within the meaning of Article 1218 of the French Civil Code.

Article 9 — Hyperlinks

The Site may contain links to third-party sites (advertising platforms, social networks, partner tools). These links are provided for information purposes. BRAIKE exercises no control over these sites and disclaims all liability for their content, privacy policies or availability. The creation of hyperlinks to the Site is subject to the prior written agreement of BRAIKE.

Article 10 — Governing law and jurisdiction

These Terms are governed by French law. In the event of a dispute relating to their interpretation or performance, the parties undertake to seek an amicable solution prior to any legal action. Failing an amicable settlement within 30 days, any dispute will be submitted to the exclusive jurisdiction of the courts having jurisdiction over BRAIKE’s registered office, save for any mandatory provision to the contrary.

Article 11 — General provisions

If any clause of these Terms is declared null or unenforceable, the other clauses remain in force. The fact that BRAIKE does not, at a given time, rely on any clause of these Terms shall not constitute a waiver of the right to rely on that clause subsequently.