Terms of Use: accounts, integrations, content

1. Purpose and acceptance

Kapitaine is online software (SaaS) published by L'OURS DU MARKETING, a French SASU with a share capital of €500.00, registered with the Paris Trade and Companies Register (RCS) under number 930 855 929, whose registered office is at 15 rue du Chalet, 75010 Paris, France (the “publisher”). It makes it possible to manage Meta Ads and Google Ads campaigns on behalf of several clients.

Creating an account or using the service constitutes acceptance of these Terms. The service is reserved for professional use; it is not offered to consumers. Subscribing to a plan is also governed by the general terms of sale (the “Terms of Sale”, in French). In the event of any conflict, the Terms of Sale prevail for everything relating to commercial terms.

2. Definitions

Agency: the legal entity or independent professional who subscribes to a plan and administers a Kapitaine workspace.
User: any person with access to the agency's workspace (administrator or member) or to a client space.
End client: the advertiser for whom the agency manages campaigns and for whom it may open a client space.
Third-party services: the advertising platforms and tools connected to the service (Meta, Google Ads, Google Drive, Canva).
Content: the files, texts, visuals, briefs, brand assets, comments and data uploaded, imported or entered into the service.

3. Description of the service

The service includes in particular: connecting ad accounts, synchronizing statistics, bulk publishing of Meta ads (created paused), alerts on metrics, monthly reports, the client space, the creative library, fee invoicing and white labeling depending on the plan. The content of each plan is described on the pricing page. Features marked “Coming soon” are not part of the service until they are available.

The publisher may develop the service (adding, improving or modifying features) provided this does not substantially reduce the essential features of the subscribed plan during the current period.

4. Account and access

Sign-up is self-service. The information provided must be accurate and kept up to date.
Login credentials are personal and confidential; they must not be shared between several people. Each user is responsible for keeping them safe. Two-factor authentication is mandatory for agency administrators.
The agency manages the access of its team and its end clients: invitations, roles, assignment of members to clients, revocation. It ensures that access is removed without delay for people who no longer need it, and is responsible for actions carried out from its workspace.
Any unauthorized access, loss of credentials or suspected compromise must be reported without delay to contact@kapitaine.com.

5. Integrations with third-party services

Connecting a Meta, Google Ads, Google Drive or Canva account is voluntary and is done within the limits of the permissions granted by the user. It can be revoked at any time, from Kapitaine or from the platform concerned (see data deletion).
The agency warrants that it holds the necessary rights and authorizations over the ad accounts, Business Managers, MCC accounts, Pages, folders and files it connects, including the consent of its end clients.
Use of these services remains subject to their own terms and advertising policies, which the agency undertakes to comply with. The publisher is not a party to the relationship between the agency and these platforms.
The service depends on the application programming interfaces (APIs) of these platforms. Changes, limitations, refusals or interruptions on their side may affect some features; the publisher endeavors to adapt to them as quickly as possible.
Ads published from Kapitaine are always created paused. Their activation, content, targeting and budget are solely the agency's decision.

6. Content

The agency and its end clients remain the owners of their content. They grant the publisher, solely for the duration and purposes of providing the service, the right to host, reproduce, convert and display it (previews, reports, PDFs, publishing to ad platforms at their request).
Whoever uploads content warrants that they hold the necessary rights (copyright, image rights, trademarks, font and visual licenses) and that the content is lawful.
The publisher does not review content in advance. It may remove or disable access to manifestly unlawful content reported to it at contact@kapitaine.com, and informs the agency accordingly.

7. Prohibited uses

It is prohibited, in particular:

to upload or distribute content that is unlawful, infringing, misleading, defamatory, hateful or that violates the rights of third parties;
to distribute viruses, malware or any harmful code;
to attempt to access the data of another agency or another client, or to circumvent the security measures, access controls or limits of the service;
to carry out automated extraction, load or penetration testing, or reverse engineering of the service, except with the publisher's prior written consent or within the limits permitted by law;
to use the service to circumvent the rules of advertising platforms or to run ads that breach regulations;
to resell, rent or make the service available to third parties other than the agency's team and its end clients, or to use it to develop a competing product.

8. Security

The publisher implements appropriate technical and organizational measures to protect the service and the data: agency isolation at the database level, encryption of access tokens, two-factor authentication, audit log, private file storage. They are described on the security and GDPR page. Each user contributes to this security by protecting their credentials and devices.

Access by the publisher's support team to a workspace (“log in as”) takes place only at the agency's request or for the security of the service, and it is recorded in the audit log.

9. Personal data

The processing of personal data is described in the privacy policy. For its end clients' data, the agency is the data controller and the publisher acts as a processor, under the terms of the data processing agreement (DPA) referred to in the Terms of Sale.

10. Intellectual property

The software, its code, its interface, its documentation and the Kapitaine trademark remain the exclusive property of the publisher. For the duration of its subscription, the agency is granted a personal, non-exclusive and non-transferable right of use, limited to its professional needs and those of its end clients. Brand assets uploaded by the agency for white labeling remain its property.

11. Suspension of access

In the event of a breach of these Terms, the publisher may suspend all or part of the access of the user or agency concerned, after a notice that has gone unheeded, or immediately in an emergency (threat to the security of the service, manifestly unlawful content, risk to other agencies' data, request from an authority).
Suspension for non-payment is governed by the Terms of Sale.
A suspension does not delete any data. Access is restored as soon as the cause of the suspension has ended. In the event of a serious or repeated breach, the publisher may terminate the subscription under the conditions of the Terms of Sale.

12. Changes to the Terms

The publisher may amend these Terms. Agency administrators are informed by email of any significant change at least 30 days before it takes effect. Continued use of the service after that date constitutes acceptance of the new version; if the agency does not agree, it may terminate its subscription under the conditions of the Terms of Sale.

13. Governing law and disputes

These Terms are governed by French law. In the event of a dispute, the parties will first seek an amicable solution. Failing that, exclusive jurisdiction is conferred on the Paris Commercial Court (tribunal de commerce de Paris), including in the event of multiple defendants or third-party claims.

14. Contact

L'OURS DU MARKETING (Kapitaine), 15 rue du Chalet, 75010 Paris, France — contact@kapitaine.com