1. Purpose & definitions
These terms of use and sale (the “Terms of Use/Sale”) govern access to and use of the Spotilink Service, as well as subscription to the paid plan. By creating an account, submitting a Collab or using the Service, you accept (or the Brand accepts) these Terms of Use/Sale without reservation. If you do not agree, do not use the Service.
In this document, the terms defined below have, wherever they appear, the following meaning:
- “Service” or “Spotilink”: the online platform accessible at spotilink.bio that lets you create and publish a “link-in-bio” page (product cards, affiliate links, promo codes), including the dashboard, the statistics and the Collab feature.
- “Publisher”: Webiscool, a sole proprietorship (micro-entrepreneur), 12 rue des Dentelles, 67000 Strasbourg, France — SIRET 842 134 223 00010, VAT not applicable (art. 293 B of the French General Tax Code), publication director: Jules, contact: contact@spotilink.bio. The Publisher is referred to as “we” in this document; “Spotilink” refers interchangeably to the Service or the Publisher that operates it.
- “Creator”: any person who creates an account and uses the Service to publish their page. The Creator is referred to as “you”. The Creator may act as a consumer or as a professional.
- “Brand”: any advertiser, business or professional invited by a Creator, via a private link, to submit and create a sponsored product card on that Creator’s page. The Brand always acts as a professional and is referred to as “you”.
- “Collab” (or “Partnership”): the mechanism by which a Brand, at the Creator’s invitation, fills in and creates its own sponsored product card, which the Creator validates before publication, and which then appears with an advertising disclosure (“Commercial collaboration” / “Advertisement”).
- “Content”: any item published, uploaded or transmitted via the Service (texts, photos, visuals, descriptions, reviews, affiliate links, promo codes, product cards), whether it comes from the Creator or the Brand.
2. Account & eligibility
Creating an account is required to use the Service as a Creator. You must be at least 18 years old (or the age of legal majority in your country) and have the legal capacity to contract. If you use the Service on behalf of an organization, you warrant that you are authorized to bind it.
You are responsible for the accuracy of the information provided, for keeping your profile up to date and for the confidentiality of your credentials. Any action taken from your account is deemed to have been taken by you. Notify us without delay at contact@spotilink.bio in the event of unauthorized use. An account is strictly personal; you may not transfer or lend it without our written consent.
3. Plans, pricing & subscription payment
The Service is offered under two plans: the “Free” plan (creator page, up to 10 products, basic statistics, one (1) Collab per month, “Created with Spotilink” mention, custom URL) and the “Creator” plan at €9.90 incl. tax per month (unlimited products, unlimited Collabs, no mention, advanced statistics). VAT is not applicable (art. 293 B of the French General Tax Code).
Payment of the “Creator” subscription is processed by our provider Stripe; we do not have access to your full banking details. The subscription is concluded for one period (monthly) and renews automatically at each due date, by charging the amount in effect, until cancellation.
You can cancel at any time from your subscription area, in a few clicks, by a process as simple as subscribing. Cancellation takes effect at the end of the current period: you keep paid access until that date, after which your account switches to the Free plan. Periods already started are not refunded on a pro-rata basis, save for any mandatory legal provision to the contrary. We may change our prices; any price change applicable to an ongoing subscription will be notified to you in advance and will apply only to subsequent periods, which you remain free to decline by cancelling.
3 bis. Right of withdrawal
The “Creator” service is digital content/a digital service supplied immediately after payment. By subscribing, you expressly request the immediate performance of the service before the end of the withdrawal period and you expressly acknowledge that you thereby waive your 14-day right of withdrawal, in accordance with article L221-28 of the French Consumer Code.
Once access is unlocked, the subscription for the current period is therefore non-refundable; you remain free to cancel for subsequent periods under the conditions of article 3.
4. Creator Content
You remain the sole owner of your Content (photos, reviews, descriptions, links, promo codes). You grant us, solely for the duration your page is hosted and free of charge, a non-exclusive license to use, reproduce, technically adapt (resize, crop, optimize, cache) and display your Content, for the sole purpose of operating, displaying and promoting your page via the Service. This license ends when the Content or your account is deleted, subject to residual technical backups.
You warrant that you hold all the rights necessary over your Content (intellectual property, image rights, third-party rights) and you undertake to comply with the rules of the affiliate programs you use as well as with advertising transparency obligations (see article 5).
- The following are notably prohibited: unlawful, misleading, disparaging, defamatory, hateful, violent or pornographic content;
- infringing content or content that infringes intellectual property rights, the privacy or the image rights of third parties;
- false commercial claims or claims likely to mislead the consumer, and any content contrary to consumer or advertising law;
- any misuse of the Service, circumvention of the plan’s limits, scraping, or attack on the security or integrity of the platform.
5. Collabs / Partnerships
The Collab feature is a mere technical tool: Spotilink provides the Creator and the Brand with a space allowing the Brand to submit a sponsored product card, and the Creator to validate it before publication. In this respect, Spotilink acts exclusively as a technical intermediary and host, within the meaning of article 6 (see also article 6 below). Spotilink is not a party to the contract concluded between the Creator and the Brand, is not a payment services provider, is neither a broker nor a guarantor of the Collab, and receives no commission on Collabs, except under the “payment managed by Spotilink” option under the conditions of article 5 bis.
The Collab contract (purpose, services, price, terms and payment) is negotiated, concluded and performed directly and exclusively between the Brand and the Creator. The Creator’s “validation” of the card in the interface merely confirms their mutual agreement on the publication of the sponsored Content; it constitutes neither a contract concluded by Spotilink, nor an approval, nor a guarantee by Spotilink as to the Content or the performance of the Collab. Payment for a Collab is made according to the mode chosen by the Creator: (i) free (no payment); (ii) off-platform — payment is then made directly between the Brand and the Creator, with Spotilink neither collecting, holding, remitting nor guaranteeing any payment; or (iii) payment managed by Spotilink, governed by article 5 bis below.
The Brand is solely responsible for the Content it submits (product claims, visuals, trademarks and distinctive signs, intellectual property, legal and regulatory compliance). The Creator is solely responsible for the advertising transparency of the Collab they publish, in particular under Law No. 2023-451 of 9 June 2023 governing commercial influence (the placement and accuracy of the “Commercial collaboration” / “Advertisement” disclosures, informing the public). The automatic display of an advertising label by the Service is a mere technical convenience and does not relieve the Creator of this responsibility.
- Any claim, dispute, litigation, payment default or delay, non-performance, or disagreement relating to the Content of a Collab is settled exclusively between the Brand and the Creator; Spotilink is not a party to it and incurs no liability in this respect, within the limits and subject to the reservations provided in article 7.
- The Brand, a professional, warrants and indemnifies Spotilink against any third-party claim, action or recourse (including reasonable defense costs) arising from a Collab, its Content or its performance, under the conditions of article 8. The Creator is bound by the same warranty, up to its share of liability as specified in article 8.
- Spotilink reserves the right, without being obliged to and without this altering its host status, to refuse, remove or suspend any Collab that is manifestly unlawful or contrary to these terms, under the conditions of article 6.
5 bis. Collab payment managed by Spotilink (escrow)
5 bis.1 — Scope. This article applies only where the Creator activates, for a Collab, the “payment managed by Spotilink” option. Otherwise, only article 5 applies. This option is reserved for Creators registered as professionals (incorporated, holding a valid SIRET number), who alone are entitled to invoice the Brand for the service; the Creator provides their billing information for this purpose and electronically accepts the billing mandate referred to in article 5 bis.6.
5 bis.2 — Payment provider. The collection, holding and disbursement of funds are carried out via Stripe Connect, provided by Stripe Payments Europe. Spotilink is not a payment institution and does not act as one; it provides a technical tool relying on Stripe, the use of which requires the Creator’s acceptance of the Stripe Connect terms and the prior activation of their payment account.
5 bis.3 — Collection and escrow. The Brand pays the displayed Collab amount online. The funds are held (escrow) until the end of the Collab. The Creator’s validation of the submission triggers publication; it does not trigger disbursement, which occurs at the end of the Collab.
5 bis.4 — Commission and disbursement. Spotilink charges a commission of 5% of the amount collected. The Creator also bears the payment provider’s processing fees. As a result: the Brand pays the displayed amount; the Creator receives that amount less the 5% commission and the payment fees. Disbursement of the Creator’s share occurs at the end of the Collab (expiry date), by transfer to their payment account, subject to banking lead times.
5 bis.5 — Refund. The Brand is fully refunded if the Creator refuses its submission, or if the Creator does not validate it within fourteen (14) days of payment. The refund is made to the original payment method, subject to banking lead times.
5 bis.6 — Invoicing. Under a billing mandate (self-billing), Spotilink issues, in the name and on behalf of the Creator, the invoice for the service owed by the Brand; the Creator remains solely liable, where applicable, for the tax and social security obligations relating to this income. Spotilink separately invoices the Creator for its 5% commission.
5 bis.7 — Disputes. In the event the Brand disputes the payment with its bank (chargeback) or of litigation, the funds concerned may be blocked or reclaimed by the payment provider. The dispute relating to the Collab and its performance is settled between the Brand and the Creator, in accordance with article 5, Spotilink not being a party to it.
5 bis.8 — Spotilink’s role. Use of the “payment managed by Spotilink” option does not make Spotilink a party to the contract concluded between the Brand and the Creator, nor a guarantor of the proper performance of the Collab. Spotilink acts solely in respect of the technical facilitation of collection, escrow and disbursement, under the conditions of this article.
6. Host status & reporting
With respect to Content published by Creators and Brands, Spotilink acts as a host within the meaning of article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN). Spotilink does not carry out general monitoring of Content and is not subject to a general obligation to seek out facts or circumstances revealing unlawful activities. Its liability for Content can only be engaged under the conditions and limits provided by law, in particular if it has not acted promptly to remove manifestly unlawful Content after actually becoming aware of it.
Any manifestly unlawful Content may be reported to contact@spotilink.bio. To enable effective handling, the report must specify the URL of the page concerned, a description of the disputed Content and its allegedly unlawful nature (with the legal grounds), as well as the reporting party’s contact details. After review, Spotilink may remove or make inaccessible the Content concerned. Any abusive report engages the liability of its author.
7. Availability & limitation of liability
Spotilink is bound by a best-efforts obligation as to the availability and proper functioning of the Service. We do everything in our power to ensure its continuity, but do not guarantee a total absence of interruption, error or unavailability, in particular in the event of maintenance, technical change or failure of a third-party provider (hosting, payment, affiliate programs).
To the extent permitted by law, Spotilink’s liability is excluded for indirect or immaterial damages, and in particular for any loss of affiliate revenue, Collab revenue, turnover, data, clientele or opportunity, since such revenue depends on third parties independent of Spotilink. Where Spotilink’s liability is nonetheless engaged, and save for any mandatory legal provision to the contrary, it is capped at the total amount you have actually paid to Spotilink for the subscription during the twelve (12) months preceding the triggering event.
The foregoing limitations and exclusions do not apply, and may not be construed as applying, to Spotilink’s gross negligence or willful misconduct, to bodily injury, to a breach of an essential obligation that would deprive the contract of its substance, or to any liability that cannot be limited or excluded by law. No provision herein has the object or effect of creating, to the detriment of a consumer Creator, a significant imbalance between the rights and obligations of the parties; any provision having such an effect shall be deemed unwritten, without affecting the validity of the others.
8. Warranty & indemnification by the user
The Brand, a professional, indemnifies Spotilink against any claim, action, judgment, damage or cost (including reasonable defense costs and fees) arising from: (i) the Content it submits, (ii) the breach of these Terms of Use/Sale or of the law, (iii) an infringement of a third party’s rights, or (iv) a Collab and its performance.
You grant Spotilink the same warranty in respect of your Content, your breaches and the Collabs you publish, but only up to your own share of liability. This warranty does not have the effect of making you bear the consequences of a fault specific to Spotilink nor, where you act as a consumer, of creating a significant imbalance to your detriment. Spotilink may inform you of any relevant claim and you will cooperate in good faith in its defense.
9. Personal data
The processing of personal data within the framework of the Service is described in our Privacy Policy, which specifies the purposes, legal bases, retention periods, recipients (including Stripe and our host), any transfers and your rights. Application data is stored in the European Union via Supabase; the application is hosted by Vercel Inc. (United States) and the domain is managed by OVH SAS (Roubaix).
For any question or to exercise your rights, write to contact@spotilink.bio. The Privacy Policy forms an integral part of these terms.
10. Suspension & termination
You can cancel your subscription or delete your account at any time from your area. We may suspend or terminate your access, in whole or in part, in the event of a breach of these Terms of Use/Sale, of abusive or unlawful use, or of a risk to the security of the Service or of third parties, after prior notice where reasonably possible, and without notice in the event of manifest unlawfulness, emergency or legal obligation.
Termination entails the cessation of access and, after the technical and legal retention periods, the deletion of your Content. Provisions that, by their nature, are intended to survive (notably intellectual property, warranties, limitation of liability, indemnification, governing law) remain in effect after the end of the contract.
11. Force majeure
Spotilink’s liability cannot be engaged in the event of non-performance or delay resulting from a case of force majeure within the meaning of article 1218 of the French Civil Code and French case law, nor in the event of a failure of telecommunication networks, energy suppliers or essential third-party providers (hosting, payment) beyond its reasonable control. The prevented party informs the other as soon as possible and endeavors to limit its effects.
12. Amendment of the Terms of Use/Sale
We may amend these Terms of Use/Sale, in particular for legal or technical reasons or because of changes to the Service. The applicable version is the one online on the day of your use. In the event of a substantial change, we will inform you by an appropriate means (display within the Service or email); continued use of the Service after entry into force constitutes acceptance. If you reject the changes, it is up to you to stop using the Service and, where applicable, to cancel your subscription.
13. Governing law, mediation & jurisdiction
These Terms of Use/Sale are governed by French law. In the event of difficulty, an amicable solution will be sought as a priority; you may contact us at contact@spotilink.bio.
If you act as a consumer, you have the right to use a consumer mediator free of charge for the amicable resolution of a dispute, in accordance with articles L611-1 et seq. of the French Consumer Code, after a prior written complaint sent to the Publisher has gone unanswered. The contact details of the competent mediator are specified on this page and provided on request. You may also use the European online dispute resolution (ODR) platform.
Failing an amicable resolution, and subject to the mandatory rules of jurisdiction applicable to consumers (who may bring proceedings before the court of the place of their domicile), any dispute falls within the jurisdiction of the competent French courts. For disputes with a Brand or a professional Creator, jurisdiction is granted to the courts within the jurisdiction of the Publisher’s registered office, save for any mandatory legal provision to the contrary.