Company name: TAMTAM SIRET
No. 927 485 938 000 17
Registered office: 60 rue François 1er 75008, Paris
Represented by the SASU Edouard EPAUD, in his capacity as President.
Email address: contact@Tamtam.ai
Publication Director: Edouard EPAUD
Server Hosting: Amazon-Ireland
Last updated on 24 April 2025.
Tamtam is engaged in the design, programming of software, websites, and IT tools, as well as project
management. Tamtam has developed a prospecting assistance tool for commercial teams, based on
artificial intelligence. It allows for identifying and targeting prospects by analyzing data on the internet.
These tools, defined in Article 2, are subject to these TC and specifically provide the Client with a list of
contacts, information about identified contacts, organizational chart reconstruction, and assistance with
prospecting meeting preparation.
After benefiting from a presentation of the Tamtam Solution allowing them to understand its features and
use, the Client has decided to proceed. The Client declares to have the competence to evaluate the
technical specifications and usefulness of the Tamtam Solution.
The TC have been made known to the Client during the contractual negotiations. They have been validly
accepted by the Client. Acceptance refers to any indication of the Client's agreement. Acceptance must be
formalized by a handwritten signature, electronic signature, or any other form of confirmation of the Client's
consent. In any event, the TC enter into force and are considered binding upon the Client on the latest date
of the following events: signature of the order form, first payment to Tamtam, or full or partial use of the
Tamtam Solution.
The TC constitute the terms and conditions of sale and use of the Tamtam Solution and aim to:
"Order Form": A document signed by the Client summarizing the services listed and quoted in the order
form. In the case of a license validated online, the order summary serves as the order form.
"Client": Refers to the legal or natural person acting exclusively within a professional framework who has
subscribed to a subscription and/or a license to access the Tamtam Solution.
"Tamtam Solution": Refers to the tools and the functional and organizational structure implemented by
Tamtam, including all data, documents, materials, software solutions, source code, platforms, including the
Tamtam Solution, calculation algorithms, databases, analyses, analytical reports, or any data presentation
and analysis documents, in any form whatsoever.
"Contract": The Contract consists of the following contractual documents, in descending order of priority,
excluding all other documents: 1-Order forms containing purchase conditions, 2-The TC, 3-The Data
Management Policy and the DPA, 4-The commercial proposal. In case of contradiction between these
documents, the provisions contained in the higher-ranking document shall prevail.
"User": A natural person within the Client who uses the solution, identified by their name, first name, and
email address depending on the Client's domain name. The User is an employee of the Client, acting
under the Client’s responsibility. Any action by the User is under the control, responsibility, and guarantee
of the Client.
The Order Form indicates the Client's purchase conditions. Unless otherwise specified, onboarding is carried out through online resources accessible to Users. Additional training may be requested by the Client and will be subject to a separate quotation.
User account creation: Once the Order Form is signed or the free “demo” is subscribed to, Tamtam creates the User's account administering the Client's account based on the information provided during exchanges by email. For any account created, the User receives a link allowing them to set their password and access the Tamtam Solution. The User administering the Client account may add other Users within the limits agreed between the Parties. Only one account can be assigned per User. The Client and/or the User agree to provide accurate and complete information in exchanges with Tamtam, on the Tamtam Solution, and to update any information without delay. Should any required information prove false, incomplete, outdated, inconsistent, fanciful, or abusive, Tamtam reserves the right, without notice, to suspend or terminate the User's account and deny them access to all or part of the Tamtam Solution.
Access and use of the Tamtam Solution: The Tamtam solution is only accessible to Users with a personal identifier and password. For example, the Tamtam Solution is not accessible to the Client’s subcontractors or to request robots, data analysis robots, or scrapping tools.
The password is strictly personal and confidential. The User agrees not to disclose their password to anyone and is solely responsible for maintaining the confidentiality of their password and the consequences of voluntary or involuntary disclosure. Any use of the Tamtam Solution from the User’s
identification is presumed to be exclusively under the User’s responsibility. The Client is responsible, under the TC and under common law, for the actions and behavior of its Users and anyone using its account, even without its knowledge. The User and the Client agree to report to Tamtam as soon as possible any fraudulent use of their account, that of a User, their username or password, a download link, or any other connection means received from Tamtam, of which they have knowledge.
Tamtam may, at any time and without justification, withdraw the granted access and administration rights, particularly in case of non-compliance with the TC or non-payment for a service, license, or subscription to Tamtam by the Client.
Client/User Obligations: The Client agrees to comply with the use of the Tamtam Solution and ensure that its Users do the same, particularly regarding analyses, and to use the Tamtam Solution according to the guidelines provided by Tamtam and these TC.
The Client/User agrees to use the feedback system reasonably and constructively.
Any misuse of the Tamtam Solution grants Tamtam the right to terminate the Contract and delete the Client/User’s access to the Tamtam Solution, without the Client being entitled to any compensation or claim for damages.
Security: Tamtam makes its best efforts, in accordance with industry standards, to secure the Tamtam Solution with regard to the risks involved and the nature of the data processed. For the proper management of the Tamtam Solution, Tamtam may, at any time and without justification, suspend,
interrupt, or limit access to all or part of the Tamtam Solution, particularly for technical reasons, updates, or maintenance. However, Tamtam shall only be held liable in the event of proven fault attributable to Tamtam.
The Tamtam Solution is an automated data processing system. Users are prohibited from accessing or remaining, fraudulently, in all or part of the Tamtam Solution or in the download interfaces provided by Tamtam. The User undertakes to consider all data they may become aware of as a result of such
unauthorized access as confidential data and, consequently, undertakes not to disclose it. Users are prohibited from using any access method other than the links and interfaces made available by Tamtam. In the event of discovering such a method or if the User enters a restricted area without authorization, the
User undertakes to inform Tamtam without delay by email (contact@Tamtam.ai) so that appropriate measures may be taken.
Users are prohibited from deleting or modifying data contained within the Tamtam Solution or within the links and download interfaces provided by Tamtam, that they have not themselves published, or from fraudulently introducing data or even altering the functioning of the Tamtam Solution or the download links
and interfaces provided by Tamtam. Users must ensure that they do not introduce viruses, malicious code, or any other harmful technology into the Tamtam Solution.
Users are also prohibited from performing any operation aimed at saturating a page, performing rebound operations, or any operation that could hinder or distort the operation of the Tamtam Solution or the download links and interfaces provided by Tamtam. The Client shall take appropriate measures to ensure
the security of its own data and/or software against potential contamination by viruses on the internet network.
Deletion of User account: The deletion of the User account occurs automatically on the expiration date of the Client’s subscription and/or license if the latter is later. After this date, all information from the Client and User account is deleted, without the Client being entitled to claim any damages as a result.
Only the data necessary for accounting documents and supporting documents will be retained in accordance with applicable regulations to enable Tamtam to meet its legal and regulatory obligations in this regard.
Know-How: Tamtam retains ownership of the methods, know-how, and tools that it owns and has used to execute contractual services.
Tamtam Solution: All components of the Tamtam Solution are the exclusive property of Tamtam or its partners or third parties who have granted it a license, and are protected by intellectual property rights that are or will be recognized according to applicable laws. The TC do not entail any transfer, of any kind, of
intellectual property rights to the benefit of the Client, who is prohibited from engaging in any action or conduct likely to infringe directly or indirectly on Tamtam’s intellectual property rights. Any reproduction and/or representation, in whole or in part, of the Tamtam Solution, without Tamtam’s prior express
authorization, is prohibited. Tamtam reserves the right to update the system’s features. Tamtam uses the results and analyses generated by the Client to improve its Solution.
License to Client/Users: The Client and Users of the Tamtam Solution agree not to use the Tamtam Solution and the information contained therein for purposes other than internal use, nor to harm or compete with Tamtam. They may export the results of their searches within the limits of normal use of the
Tamtam Solution in compliance with the Order Form.
The Client may use the data generated from the Solution in documents intended for internal presentations or for their business partners. The Client agrees not to use Tamtam’s data, without Tamtam’s express consent, in any other tools or software other than those provided by Tamtam. The Client also undertakes
not to use data derived from the Tamtam Solution, analyses, or presentations from Tamtam for the purpose of developing algorithms, software, analytical or predictive models, or any other indicator resulting from a combination of Tamtam’s data with external data.
Tamtam undertakes to make the Tamtam Solution available to the Client on the agreed date. Tamtam undertakes to provide the Client with all the information it holds and to respond to legitimate questions asked by the Client. Tamtam cannot be held liable for the unavailability or malfunction of the Tamtam
Solution resulting from external causes such as network failures, internet service provider failures, disruptions on the internet network. Tamtam undertakes to ensure a 95% availability rate of the Tamtam Solution, subject to the Client’s technical means and the time required for maintenance. Tamtam uses
state-of-the-art security tools but cannot absolutely guarantee users against the absence of fraudulent intrusions by third parties into the Tamtam Solution or a Client’s account. Consequently, Tamtam cannot be held liable for acts of malice or fraudulent intrusion by a third party into the Tamtam Solution. Customer support is available via email at the following address: contact@Tamtam.ai.
As part of its activities, Tamtam processes two types of personal data: (1) Data produced by Tamtam for its clients resulting from the processing of so-called “raw” data that qualifies as personal data under the GDPR regulations. (2) Personal data of its Users, in order to manage its business relationship and ensure
the proper functioning of its services. For more information, please consult the DPA and the privacy policy by clicking on the following link: https://www.Tamtam.ai/privacy-policy. The Data Management Policy forms an integral part of this Contract.
The Client undertakes to comply with the applicable regulations relating to the protection of personal data within the scope of its activity, particularly when using the Tamtam Solution.
Free trial: Under the conditions defined by Tamtam, the Client may benefit from a “test” access to the Tamtam Solution, limited, for example, to certain functionalities and a specific number of Users.
Subscription and/or license: The Client’s subscription to a subscription plan and/or a license from Tamtam grants them credits under the conditions specified in the Order Form. As a rule, credits are non-transferable and are not subject to refunds or credit notes. Credits may be exceptionally carried over,1
subject to Tamtam’s written consent following commercial negotiations. The Client can monitor their credit consumption directly through the Tamtam Solution.
The Client subscribes to a subscription for a duration exceeding one year as specified in the Order Form, renewable by tacit agreement at the end of this period for an identical subscription duration, unless one of the Parties sends a registered letter with acknowledgment of receipt to the registered office of the other Party to terminate the Contract no later than three (3) months before the renewal date. Termination will take effect on the day of the expiration of the Contract not tacitly renewed.
By exception, if the Client subscribes to an individual monthly subscription, the Contract is automatically renewed for successive one-month periods. The Client may terminate their subscription at any time with effect at the end of the current month.
Price: Prices are expressed in euros excluding taxes. The price and invoicing terms are defined in the Order Form. Tamtam reserves the right to modify the price of its services, but such modification will only take effect as of the new contractual period renewed following notification of the price update. The
subscription and/or license must be paid in full by bank transfer or by debit from the Client’s bank card 30 days after the start of the service. Non-receipt of payment may, at Tamtam’s discretion, result in the suspension and/or immediate termination of the subscription and/or license, without the Client being
entitled to any compensation or claiming any damages.
Late payment interest and recovery fee: In the event of the Client’s failure to pay all or part of an invoice issued by Tamtam within the specified timeframe, Tamtam may, at its discretion, apply non-dischargeable penalties to the Client, calculated based on the European Central Bank’s (ECB) most recent refinancing operation rate, increased by ten (10) percentage points.
The Client acknowledges that contracts in the digital world involve a certain degree of unpredictability due to technological advancements, among other factors, and accepts the risk with full knowledge of the facts.
By mutual agreement, the Parties expressly agree that Tamtam’s liability can only be incurred by the Client in the event of Tamtam’s proven exclusive fault.
The equipment used to connect to the Tamtam Solution is under the Client’s responsibility, who must take all appropriate measures to protect its equipment, software, and data from any malicious action. Tamtam’s liability cannot be engaged in the event of a failure, suspension, or interruption of the Tamtam Solution that may prevent or reduce access to or use of the Solution or its functionalities.
It is expressly specified that the information provided within the Tamtam Solution is given for informational purposes only. All external information used as part of the services has been obtained from sources assumed to be reliable. They are updated regularly, and as such, the Client is advised to regularly
reformulate requests. The information contained within the Tamtam Solution is subject to change without notice, and Tamtam’s liability cannot be engaged in this regard. Despite all customary precautions, the accuracy and completeness of the data cannot be guaranteed. Therefore, Tamtam’s liability cannot be
engaged (1) in case of difficulties in data procurement; (2) as a result of direct or indirect consequences of Tamtam providing incorrect, inaccurate, incomplete, or irrelevant information; (3) as a result of the direct consequences of a User’s use of the Tamtam Solution’s data. The Client acknowledges that it is solely
responsible for its strategic, commercial, and operational decisions.
The Parties agree that Tamtam’s liability is only engaged for the consequences of direct damages, and compensation for indirect damages is excluded. However, if Tamtam’s liability were to be established as a result of a final decision and notwithstanding the provisions of these TC, it remains limited, all damages combined, to the amount paid to Tamtam by the Client who suffered the damage, corresponding to the annual services payments for the year during which the damage occurred. This clause remains applicable in the event of nullity, termination, or cancellation of the Contract.
Furthermore, in the event of Tamtam’s gross negligence resulting in unavailability of the platform, discounts for the current month may be granted, upon written request from the Client, according to the following breakdown:
Force majeure: Initially, force majeure events will suspend the execution of the Contract. If force majeure events persist for more than two months, the Contract will be automatically terminated unless otherwise agreed by the Parties. Expressly, events considered as force majeure or unforeseen circumstances
include those commonly accepted by French courts and tribunals, as well as the following events: fire, internal or external strikes, flooding, legal or governmental restrictions, legal or regulatory changes to marketing methods, partial or total shutdown of private or public telecommunications networks, and any other event beyond the express control of the Parties that prevents the normal execution of the services.
The termination of the Contract may occur at any time by either Party. However, it will only take effect on the expiration date of the Contract. No total or partial refund will be made in the event of early termination by the Client.
In the event of a serious breach by one of the Parties of its obligations under the Contract, not remedied within thirty (30) days from the sending of a registered letter with acknowledgment of receipt notifying the breach in question, the other Party may lawfully terminate the Contract without prejudice to any damages to which it may be entitled under these terms, effective upon receipt of the termination notice.
For any other serious breach at the effective termination date of the Contract:
In the event of termination of the contractual relationship for any reason whatsoever, the Client undertakes to cease using the Solution. All confidential information and their copies, all documents, materials, tools, or others transmitted by one of the Parties must be deleted on the effective termination date or upon the expiration of the Contract for any reason whatsoever.
Good Faith: The Parties agree to perform their obligations in good faith.
Insurance: The Parties declare that they are insured for all harmful consequences and actions for which they may be held liable under the Contract, with a reputable insurance company established in the country where the concerned Party’s registered office is located.
Commercial references: Tamtam may cite the name of the Client as a commercial reference for Tamtam’s communication and to promote its activity.
Unforeseeability: If, during the performance of the Contract, one of the Parties encounters a change of circumstances that was unforeseeable at the time of the conclusion of the Contract and which renders its performance excessively onerous, the affected Party shall inform the other Party by registered letter with
acknowledgment of receipt requesting consideration of the change of circumstances. The Parties agree to meet within three (3) months from the receipt of said notification to renegotiate the Contract. In the absence of agreement between the Parties concerning the continuation of the performance of the Contract within three (3) months following the aforementioned meeting, the Parties agree that the Contract cannot be adapted, revised, or terminated, other than by a judge.
Independence of the Parties: The Parties acknowledge that they act as independent contractors and shall not be considered agents of each other. The Contract does not constitute an association, franchise, or mandate given by one Party to the other. Neither Party may make any commitment in the name and on behalf of the other Party.
Confidentiality: As part of this Contract, all information concerning the Tamtam Solution is confidential and includes all information or data communicated and generated by the Parties, whether written or oral, including information communicated or obtained during the negotiation of this Contract. The Parties
undertake to:
The Parties remain bound by this confidentiality obligation throughout the duration of the Contract and for five (5) years following the termination of the Contract, for any reason whatsoever.
Survival: In the event of the termination of the Contract for any reason whatsoever, any article that provides for its survival beyond the Contract, as well as any article which by nature must survive the termination of the Contract, shall remain in effect.
Non-waiver: The fact that one of the Parties does not avail itself of a right or a breach by the other Party of one of the obligations set out in the Contract shall not constitute a waiver of its rights under the Contract.
Invalidity: If one or more provisions of the Contract are held to be invalid or declared as such pursuant to a law, regulation, or final decision of a competent court, the other provisions shall retain their full force and scope.
Applicable Law: The TC are governed by French law. This applies to both substantive and procedural rules, notwithstanding the places where the essential or ancillary obligations are performed.
Domicile Election: The Parties elect domicile at the location of their respective registered offices.
Conciliation: In the event of any difficulty of any kind and prior to any judicial proceedings, the Parties agree to implement a conciliation procedure. The Parties agree to meet at the initiative of the most diligent Party within eight (8) days from the receipt of the letter requesting a conciliation meeting. The agenda is set by the Party initiating the conciliation. If decisions are reached by mutual agreement, they shall have contractual value. This clause is legally independent of the present Contract. It continues to apply despite any possible nullity, termination, cancellation, or dissolution of the present contractual relations.
Competent jurisdiction: IN THE EVENT OF A DISPUTE, EXCEPT WHERE PROVIDED OTHERWISE BY MANDATORY LAW, JURISDICTION IS EXPRESSLY ATTRIBUTED TO THE COURTS WITHIN THE JURISDICTION OF THE PARIS COURT OF APPEAL, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY PROCEEDINGS, EVEN FOR EMERGENCY OR CONSERVATORY PROCEEDINGS, IN INTERIM ORDER OR BY PETITION.
