These terms are also available in French; in case of discrepancy, the French version prevails.
1. Purpose and definitions
These terms govern the use of the website sismohq.com (“the Site”) and of the Sismo service (“the Service”), published by Kevin Koudache (“the Publisher”, see the legal notice).
The Service is a software platform that measures the effect of videos published on social platforms (TikTok and Instagram) on a counter provided by the client (app downloads or an aggregated product event), and gives each video an estimate of the downloads it generated. A “Workspace” is the workspace of a given client; a “Member” is any person the client invites into its Workspace.
2. Acceptance and capacity
Using the Service means accepting these terms. The Service is intended exclusively for professionals (companies, brands, agencies) acting in the course of their business. It is not intended for consumers.
3. Description of the Service
The Service produces estimates: its attribution measurements are established by relating public video counters to the aggregated data provided by the client. The Publisher commits to the seriousness of the method, not to accuracy down to the single download, and guarantees no commercial result from the use of the measurements.
The Service is in its launch phase: its features may evolve, be extended or be withdrawn, without giving rise to any compensation.
4. Accounts and Workspaces
- Each client has an isolated Workspace; its data is accessible only to its Members.
- The client is responsible for its Members' use of the Service and for keeping their means of access confidential.
- The client notifies the Publisher without delay of any unauthorised access it becomes aware of.
5. Client obligations
- Connect to the Service only social accounts it holds the rights to (its own brand accounts), or accounts whose holders connect them themselves; and comply with the terms of the platforms concerned (TikTok, Instagram) and of its own tools (app stores, analytics).
- Provide accurate data, in particular the settings of its counter.
- Use the Service only to measure the audience and effect of its own content and of the content published for it.
6. TikTok accounts connected to the Service
A TikTok account is connected by its holder, through TikTok's official login, who grants access on TikTok's consent screen. The holder can revoke this access at any time from the settings of their TikTok account; the Service then stops collecting data from the account. The data received and its use are described in the Privacy Policy.
7. Acceptable use
It is prohibited in particular:
- to resell, sublicense or make available to third parties the data or measurements produced by the Service, except for internal communication or communication to one's advisers;
- to use the Service to target, profile or identify natural persons;
- to disrupt the operation of the Service, circumvent its technical limitations or access it by unauthorised automated means.
8. Personal data
The processing of personal data related to the Site and the Service is described in the Privacy Policy. The Service processes no personal data about the clients' end users: only aggregated counts and public counters are processed.
9. Intellectual property
The Service, the Site, their content and their visual identity remain the property of the Publisher. The data provided by the client and the measurements produced for its Workspace belong to the client; the Publisher uses them only to perform the Service and to improve its method, in aggregated, non-identifying form.
10. Availability and maintenance
The Publisher makes its best efforts to keep the Service available, without a service level agreement during the launch phase. Maintenance interruptions may occur; reading incidents are logged and visible in the Workspace.
11. Liability
The Service provides estimates to support decisions: decisions made on the basis of the measurements are the client's own. The Publisher's liability, for all causes combined, is limited to proven direct damage and capped at the amounts actually paid by the client for the Service over the previous twelve months. The Publisher is not liable for the unavailability or the decisions of third-party platforms (TikTok, Instagram, app stores, host).
12. Term, suspension, termination
The Service is provided for the term agreed with the client. The Publisher may suspend access in case of serious breach of these terms, after notification. At the end of the contract, the client may request its measurements in a usable format, then the deletion of its Workspace's data, under the conditions described in the Privacy Policy.
13. Changes to these terms
The Publisher may change these terms. The version in force is the one published on this page, with its update date; material changes are notified to active clients.
14. Governing law and jurisdiction
These terms are governed by French law. Failing an amicable settlement, any dispute between professionals falls within the jurisdiction of the competent courts of the Publisher's registered office.