Effective January 1, 2025
In these Terms of Service (hereinafter "Terms"), the following terms have the meanings assigned to them below:
These Terms govern the conditions and modalities of access to and use of the CacheBoost Service made available to the Customer as a Software-as-a-Service (SaaS) solution.
Subscribing to any plan or using the Service constitutes full and unreserved acceptance of these Terms. The Customer declares to have read all provisions herein and agrees to them without reservation.
CacheBoost reserves the right to amend these Terms at any time. Any material change will be communicated to the Customer by email with thirty (30) days' notice. Continued use of the Service after this period constitutes acceptance of the new terms.
CacheBoost is a SaaS platform for automatic web cache warming. The Service enables the Customer to:
The features available depend on the subscription plan. CacheBoost reserves the right to evolve the Service, modify its features or add new ones, with twenty-four (24) hours' notice for any significant change, except in cases of technical urgency or security.
Access to the Service requires an internet connection for which the Customer is solely responsible. CacheBoost cannot be held liable for access difficulties related to the Customer's connection or hardware.
Access to the Service is provided through personal Credentials created at registration. The Customer agrees to maintain the confidentiality of their Credentials and bears full responsibility for their use. Any use of the Service from their account is deemed to have been performed by the Customer.
Should an interruption attributable to CacheBoost last more than five (5) consecutive business days, the Customer will receive a credit calculated on a pro-rata basis for the downtime period, applied to their next billing cycle.
The Customer agrees to use the Service in compliance with all applicable laws and regulations and these Terms. In particular, the Customer agrees to:
Any automated exploitation of the Service beyond the API access expressly included in the subscribed plan is strictly prohibited. CacheBoost reserves the right to immediately suspend access for any Customer whose use is deemed abusive or in breach of these Terms.
CacheBoost grants the Customer a personal, non-exclusive, non-transferable and temporary right to use the Service, limited to the duration of the current subscription and solely for the purposes provided for in these Terms.
All elements of the Service — source code, algorithms, graphical interfaces, databases, trademarks, logos and domain names — remain the exclusive property of CacheBoost and are protected by intellectual property law.
The Customer may not claim any right of ownership over the Service or any of its components. Any reproduction, representation, modification, translation or adaptation, even partial, is strictly prohibited without the prior written consent of CacheBoost.
Applicable prices are those listed on the Pricing page of www.cache-boost.com at the time of subscription. CacheBoost reserves the right to modify its prices at any time, provided the Customer is informed by email at least thirty (30) days before the new pricing takes effect.
The URL quota included in each plan is calculated on a monthly or annual basis depending on the chosen subscription. Unused URLs do not carry over between billing cycles. Any overage beyond the included quota may be billed as additional usage according to the terms specified in the subscribed plan.
Billing occurs in advance, monthly or annually depending on the plan, by automatic charge to the Customer's registered payment card. Transactions are secured through a certified payment provider.
In the event of payment failure, CacheBoost will notify the Customer. Failure to settle within two (2) business days of notification will result in suspension of Service access without further notice. Overdue amounts will accrue interest at the legal rate plus ten (10) percentage points per month of delay, along with a fixed €40 recovery fee.
The Customer has fourteen (14) days from their first subscription to exercise their right of withdrawal in accordance with applicable consumer law.
The subscription is taken out for a period of one (1) month or one (1) year depending on the chosen plan. It is tacitly renewed at the end of each period, unless terminated by either party.
For monthly subscriptions, cancellation must be notified at least twenty-four (24) hours before the renewal date. For annual subscriptions, cancellation must be notified in writing at least thirty (30) days before the expiry date.
Cancellation takes effect at the end of the current period. No partial refund will be issued for commenced periods, unless otherwise required by law.
The Service is provided "as-is", without warranty of any kind, express or implied. CacheBoost does not warrant that the Service will be error-free, available without interruption, or fit for any particular purpose of the Customer.
CacheBoost undertakes to use all reasonable means to ensure the availability and quality of the Service, but cannot be held to a strict obligation of result in this regard.
CacheBoost's liability is limited to a best-efforts obligation. CacheBoost shall not be liable for any indirect, incidental or consequential damages, including loss of revenue, loss of data or reputational harm, resulting from the use of or inability to use the Service.
Any claim relating to damages must be notified to CacheBoost within fifteen (15) calendar days of the discovery of the triggering event, failing which it will be time-barred. CacheBoost's total liability, for any and all causes, is capped at the amounts actually paid by the Customer under the current subscription plan at the time the damage occurred.
CacheBoost disclaims all liability for damages resulting from improper use of the Service by the Customer, Customer negligence, or acts attributable to a third party.
Neither party shall be held liable to the other in the event of non-performance or delay in performance of its obligations resulting from a force majeure event, including without limitation: telecommunications network outages, natural disasters, fires, floods, strikes, government decisions, or any other cause beyond the reasonable control of the parties.
The party invoking force majeure must inform the other as soon as possible. If the force majeure event persists for more than thirty (30) days, either party may terminate the contract by right without indemnity, subject to a pro-rata refund of amounts paid in advance.
In the event of a material breach by either party of its contractual obligations, the non-breaching party may, after formal notice remaining unresolved for thirty (30) days, terminate the contract by right by registered letter with acknowledgment of receipt.
CacheBoost reserves the right to immediately suspend or terminate access to the Service in the event of a flagrant breach of these Terms, including abusive use, established fraud, or endangerment of the Service or third parties.
Each party agrees to treat as strictly confidential all technical, commercial and financial information of the other party to which it has access in the context of this agreement, and not to disclose it to any third party without the prior written consent of the other party.
This confidentiality obligation applies for the duration of the contract and for a period of five (5) years after its expiration or termination.
CacheBoost reserves the right to use aggregated and anonymized data derived from the use of the Service for statistical purposes and Service improvement, without enabling identification of the Customer or their data.
In the context of using the Service, CacheBoost collects and processes personal data relating to the Customer, including their email address, website URLs and billing data. Such processing is carried out in accordance with the General Data Protection Regulation (GDPR).
The Customer has the right to access, rectify, erase, port and object to the processing of their personal data. These rights may be exercised by sending a request by email to [email protected] or by post to CacheBoost's registered office.
CacheBoost undertakes not to sell, rent or otherwise transfer the Customer's identifying personal data to third parties for commercial purposes.
CacheBoost acts as data controller for data collected in the management of customer accounts, and as data processor for the website data submitted by the Customer for warming.
CacheBoost implements appropriate technical and organisational measures to ensure the security and confidentiality of processed data, and commits to notifying competent authorities and affected individuals of any data breach within the legally required timeframes.
Customer data is hosted on servers located within the European Union. Any transfer of data to third countries complies with the appropriate safeguards provided by the GDPR.
CacheBoost reserves the right to mention the Customer's name and logo as a commercial reference in its communications, on its website and in commercial documents.
The Customer may object to this use at any time by sending a written request to [email protected]. CacheBoost undertakes to cease all use within fifteen (15) business days of receiving such a request.
If any provision of these Terms is declared null, invalid or unenforceable by a competent court, the remaining provisions shall remain in full force and effect. The null provision shall be replaced by a valid provision that most closely reflects the original intention of the parties.
These Terms are governed by French law. In the event of a dispute relating to their interpretation or performance, the parties shall endeavour to reach an amicable settlement before taking any legal action.
Failing amicable resolution, and subject to mandatory rules of jurisdiction applicable to consumers, any dispute shall be submitted to the exclusive jurisdiction of the courts of Paris, notwithstanding multiple defendants or third-party claims.
The French version of these Terms shall prevail in the event of any conflict with any translation.
Site owner and publisher:
CacheBoost (Nicolas Hodin)
242 chemin des Bois
69480 Marcy
FRANCE
SIREN: 510 659 568
[email protected]
Hosting:
This site is hosted by O2switch
Siret: 510 909 807 00032
RCS Clermont Ferrand
SAS with a capital of €100,000