This English translation is provided for information only. The French version is the only legally binding version and prevails in the event of any difference.

This document sets out the General Terms of Use (hereinafter the “Terms of Use”) that apply to browsing starleads.co, to its contact and demo forms, and to the use of the conversational agent services published and managed by LOCUTA, a simplified joint-stock company (société par actions simplifiée) registered with the BORDEAUX Trade and Companies Register under number 884 096 512, whose registered office is at Cité Numérique - 406 boulevard Jean-Jacques Bosc, CS 50045, 33130 Bègles (hereinafter “LOCUTA”).

LOCUTA develops and operates a multichannel conversational agent solution for interacting with Users through various means of communication, in particular inbound and outbound phone calls, SMS messages, messages via the WhatsApp application, and dedicated web interfaces. The services are marketed to Users by LOCUTA's customers (hereinafter the “Customers”), who offer them under their own brand.

Article 1: Purpose of the Terms of Use

The purpose of these General Terms of Use is to define the terms of access to and use of the conversational agent service offered by LOCUTA, which is available in particular through inbound or outbound phone calls, SMS messages, instant messaging (including WhatsApp) or a web interface.

Consultation and use of the Service by any User constitutes unreserved acceptance of these Terms of Use. It is expressly agreed that any provision contrary to those set out in the Terms of Use shall be deemed unwritten and that, if any clause were declared void or ineffective, the validity of the other clauses shall not be affected.

These Terms of Use may be amended; it is the User's responsibility to consult the latest version at each visit.

Article 2: Access to the service

The Service is available 24 hours a day, 7 days a week, except in the event of force majeure, an unforeseeable event or an act of a third party. Likewise, on an exceptional basis, the User is informed that the operation of the Service may be temporarily suspended to allow LOCUTA and/or its service providers to carry out technical and/or maintenance operations.

The User may not claim damages from LOCUTA if the Site is inaccessible. The Site is accessible to any User with internet access.

In this respect, the User is solely responsible for the proper functioning of their internet access and IT equipment. All costs relating to access to the Site (hardware, software or internet access costs) are borne by the User. The User declares that they accept the characteristics and limitations of the internet and acknowledges that they are aware of the nature of the internet and, in particular, of its technical performance and, more generally, of the risks inherent in any connection to and transmission over the internet.

LOCUTA makes every effort to provide good-quality access to the Service, it being specified that LOCUTA is under no obligation of result (obligation de résultat) in this respect. Access to the Service may depend on telecommunications networks, telephone operators or third-party messaging platforms. LOCUTA does not guarantee the continuous availability of the Service on all of these channels, which may be subject to technical, regulatory or contractual restrictions specific to the third parties concerned. In particular, LOCUTA cannot be held liable for interruptions, delays, loss of messages or unavailability resulting from telecom networks, operators or third-party platforms such as WhatsApp.

Article 3: User's liability

The User undertakes to comply with these Terms of Use. The User acknowledges and accepts that using the Service requires compliance with the regulations applicable to electronic communications, in particular regarding direct marketing, prior information and obtaining the consent of the persons contacted. The User warrants that they have obtained all the authorisations, consents and legal bases required to be contacted by phone call, SMS or instant messaging, and undertakes not to use the Service for unlawful or fraudulent purposes or in breach of the rights of third parties. The User remains solely responsible for the content of the information and messages they communicate to the Service, including when these are generated or relayed by a conversational agent. Any breach and/or unauthorised use of the Site or its content by the User may give rise to an award of damages and/or any other sanction in legal proceedings, in particular if the User infringes the intellectual property rights of LOCUTA or of third parties.

Article 4: LOCUTA's liability

LOCUTA acts exclusively as a technical service provider making available a conversational agent software infrastructure. LOCUTA exercises no control over the content of the exchanges or over the conditions in which Users are contacted. The User is informed that they may not claim damages from LOCUTA in the event of a defect and/or malfunction of the Service. Consequently, LOCUTA cannot be held liable for any damage suffered by the User or for any loss of data resulting from such a download.

In addition, LOCUTA declines all liability, in particular in the following cases:

  • faulty operation of the User's infrastructure (hardware, software, operating system…)
  • malfunctions that may occur in the User's network resources (reduced bandwidth, internet congestion…)
  • interruption of the services due to maintenance operations or technical incidents, security of systems (e.g. viruses…), theft of the User's identity

Generally speaking, LOCUTA cannot be held liable for the consequences of a breach of these Terms of Use by the User.

Article 5: Hyperlinks

The Site may contain hyperlinks to websites published and managed by third parties. It is expressly specified that these websites are not under LOCUTA's control.

Consequently, LOCUTA cannot be held liable for the availability of these websites or for the content, advertising or services available on or from them.

Article 6: Cookies

The Site contains different types of cookies:

  • Technical cookies: essential for the User's browsing, to ensure that the Site works and to make the User's visit easier.
  • Audience measurement and statistics cookies: intended to optimise the User's experience on the Site and to collect data on Site traffic.
  • Advertising cookies: to allow LOCUTA and third parties to display on the Site advertising content tailored to the User's interests.

On the User's first visit to the Site, LOCUTA will ask for their permission to place the cookies that require their consent.

Several options are available to the User: accept all cookies, be notified when a cookie is saved, or systematically refuse all cookies.

When the User saves their preferences, LOCUTA is authorised to use the selected cookies and extensions. In line with the recommendations of the CNIL (the French data protection authority), the User's choice regarding these cookies is kept for a maximum of 6 months.

The User can accept, reject or customise their choices in the site banner, then change them at any time with the “Manage cookies” link in the footer. Browser settings do not replace this choice on the site.

The User is informed that the Site may not work properly if all cookies are disabled. LOCUTA reserves the right to place other cookies on the Site in the future and hereby informs the User of this. Depending on the nature of the cookies placed on the Site, LOCUTA will obtain the User's consent where required, in accordance with the legislation in force. Details of the cookies are set out in the cookie policy.

Article 7: Personal data

Personal data means any information relating to an identified or identifiable natural person.

7.1 Roles of the parties

For the Contact forms, demo requests and appointments on starleads.co, LOCUTA is the controller. How the data is processed and the rights of visitors are described in the privacy policy; these rights can be exercised by writing to dpo@starleads.co. The provisions below on processing as a processor concern the agents used on behalf of the platform's customers.

As part of the white-label services, LOCUTA's Customer is the controller of the personal data collected from Users. LOCUTA acts as a technical processor, in accordance with Article 28 of the General Data Protection Regulation (GDPR). Where the Service is used via third-party messaging platforms, in particular WhatsApp, the processing of data may be subject to the terms and policies of those platforms, over which LOCUTA has no control.

7.2 Data collected

The following data may be collected via the Service:

  • Surname and first name
  • Phone number
  • Email address
  • Name of the User's company
  • User's job title
  • Data collected through cookies, in particular the IP address and unique identifier of the User's device

In addition, when using the Service, the User may spontaneously provide other personal data. This data will be processed in the same way as the data listed above.

When the SMS, telephone or instant messaging channels are used, additional data may be processed, in particular: the content of the conversations; communication metadata (date, time, duration, channel used); and the technical identifiers needed to route messages. Some communications may pass through third-party platforms subject to their own terms of use and data protection policies.

7.3 Retention period

LOCUTA keeps the User's personal data only for as long as strictly necessary to achieve the purposes for which it is collected.

Accordingly, when LOCUTA no longer needs to use the User's personal data, it is deleted from its systems or anonymised so that the User can no longer be identified, subject to retention for archiving purposes, for handling complaints and disputes, to meet the legal and/or regulatory obligations incumbent on LOCUTA, or to respond to requests from authorities entitled to make them.

The retention periods for the site's trackers and the associated data are detailed in the cookie policy. They depend on their purpose and configuration, and are not a single period applicable to all processing.

7.4 Persons authorised to access personal data

The personal data collected is intended for LOCUTA and, where applicable, its technical service providers and distributors.

LOCUTA undertakes to ensure that only duly authorised persons can access the personal data collected, where this is necessary for the purposes set out above.

LOCUTA will not disclose the personal data collected to third parties for commercial purposes.

LOCUTA will only disclose this information where necessary and, where possible, in a form that does not allow direct identification.

7.5 Protecting the confidentiality of data

LOCUTA takes all appropriate precautions to ensure the confidentiality and security of the data collected via the Site and to prevent it from being distorted, damaged or destroyed, or accessed by unauthorised third parties.

However, LOCUTA cannot be held liable if such data is intercepted by unauthorised third parties.

Pursuant to loi n°78-17 du 6 janvier 1978 (the French Data Protection Act of 6 January 1978) and to the data protection and security measures required for residents of the European Union / European Economic Area under the EU General Data Protection Regulation 2016/679 (GDPR), the User has the rights of access, rectification, objection, erasure, restriction and portability in respect of their data. These rights must be exercised directly with the Customer through whom the User accessed the service. LOCUTA may assist the Customer in giving effect to these rights.

Article 8: Intellectual property

LOCUTA holds the industrial and intellectual property rights to the technologies, software, scripts and bot models (phone agents and web widget) made available.

Accordingly, and in accordance with the provisions of the Code de la propriété intellectuelle (French Intellectual Property Code), any use, reproduction, exploitation or transformation of these elements, in any manner whatsoever, even in part, without the prior express consent of LOCUTA and/or the holders of the rights concerned, is prohibited.

Article 9: Translation

The Terms of Use are written in French but may be translated so that the User can understand them properly. In the event of a conflict of interpretation between the different versions of the Terms of Use, it is expressly agreed that the French version of the Terms of Use shall always prevail.

Article 10: Disputes

Any dispute relating to the application and/or interpretation of the Terms of Use shall be governed by French law. An attempt must first be made to settle it amicably. Failing an amicable settlement, the dispute shall be brought before the competent court.