Terms of Use (CGU)

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⚠︎ This is a courtesy translation. Only the French version is legally binding.Read the French version

Terms of Use (CGU)

Last updated: 2 July 2026

These Terms of Use (hereinafter the "Terms") govern access to and use of the online software (SaaS) ThumbLead, accessible at https://thumblead.com (hereinafter the "Service").

The Service is published by Enzo Violante, registered under SIRET no. 948 968 318 000 14, whose registered office / postal address is located at 6 rue Émile Barthe, 34500 Béziers, France, intra-Community VAT number TVA non applicable, article 293 B du CGI (VAT-exempt under the French basic exemption scheme) (hereinafter the "Publisher").

Contact: contact@thumblead.com. Publication director: Enzo Violante. Host: Railway Corporation, 548 Market Street, San Francisco, CA 94104, United States.

Article 1 — Purpose

1.1. The purpose of these Terms is to define the conditions under which the Publisher makes the Service available and the terms according to which the User accesses and uses it.

1.2. ThumbLead is an online software (Software as a Service) intended for professionals in the design of thumbnails for YouTube, in particular freelancers and self-employed workers. It provides tools for prospecting YouTube channels, analysing thumbnails through artificial intelligence, customer relationship management (CRM), invoicing, scheduling, and sending prospecting e-mail sequences.

1.3. These Terms apply to any User, whether they use the Service under a free plan (Free) or a paid subscription (Pro or Max). The financial terms, subscription to plans, and cancellation arrangements are set out in the Terms of Sale (CGV), which supplement these Terms. In the event of any contradiction between the Terms and the Terms of Sale on a strictly commercial point, the Terms of Sale shall prevail.

Article 2 — Acceptance of the Terms

2.1. Use of the Service presupposes the full and unreserved acceptance of these Terms. The User acknowledges having read and accepted them, in particular when creating their account (for example via an unchecked checkbox) and each time they use the Service.

2.2. If the User does not accept all or part of these Terms, it is their responsibility not to create an account and not to use the Service.

2.3. The User acting in the course of their professional activity declares that they have the capacity and, where applicable, the authority necessary to accept these Terms on behalf of the entity for which they are acting.

Article 3 — Definitions

In these Terms, the terms below, when capitalised, have the following meaning:

  • "Account": the personal space created by the User enabling them to access the Service.
  • "User Content": all data, information, and content created, imported, entered, or uploaded by the User into the Service (in particular their CRM contacts, invoicing documents, analysed thumbnails, e-mail templates and campaigns, and calendar appointments).
  • "Publisher": the person identified in the header of these Terms, publishing and operating the Service.
  • "Prospect": any channel, person, or entity identified, added, or contacted by the User by means of the prospecting features of the Service.
  • "Service": the ThumbLead online software and all of its features, accessible at https://thumblead.com.
  • "Third-Party Services": the services provided by third parties and integrated with or interfaced with the Service (in particular Google, Stripe, Railway, Resend).
  • "User": any natural person holding an Account and using the Service.

Article 4 — Access to the Service and registration

4.1. Creation of the Account

4.1.1. Access to the features of the Service requires the creation of an Account. Registration may be carried out by providing identification information (name, e-mail address, password) and/or by connecting to a Google account (OAuth authentication).

4.1.2. The Service is intended for professional use. The User declares that they are at least 18 years of age and have the legal capacity to contract and use the Service.

4.2. Accuracy of information

4.2.1. The User undertakes to provide accurate, truthful, complete, and up-to-date information upon registration and throughout the entire period of use of the Service.

4.2.2. The User is solely responsible for updating their information, in particular their e-mail address and billing information. The Publisher shall not be held liable for the consequences of erroneous, incomplete, or outdated information.

4.3. Security of credentials

4.3.1. The login credentials (in particular the password) are personal and confidential. The User is solely responsible for their safekeeping and confidentiality.

4.3.2. The User undertakes to choose a strong password, not to share it, and to implement any measure to prevent unauthorised access to their Account. Any action carried out from the Account is deemed to have been performed by the User.

4.3.3. The User undertakes to inform the Publisher without delay, at the address contact@thumblead.com, of any unauthorised use of their Account or any breach of the security of their credentials.

4.4. Uniqueness of the Account

The User undertakes to create only one Account for a given use, unless otherwise agreed by the Publisher, and not to impersonate a third party.

Article 5 — Description of the features

5.1. The Service makes available to the User, depending on the plan subscribed to, all or part of the following features:

  • Prospecting: searching for and identifying YouTube channels likely to match the User's commercial target.
  • AI thumbnail analysis: automated analysis of thumbnails by means of a third-party artificial intelligence service (Google Gemini).
  • CRM: management of contacts and orders.
  • Invoicing: issuance of quotes, invoices, and credit notes.
  • Calendar: management of appointments, with the option of synchronisation with Google Calendar.
  • E-mail sequences: creation and sending of prospecting e-mail sequences, the sending being carried out from the User's own e-mail inbox, which they connect by means of an application password (SMTP).

5.2. The exact scope of the available features depends on the plan subscribed to (Free, Pro, or Max), as described on the site and in the Terms of Sale.

5.3. Certain features rely on Third-Party Services and require the User to authorise the corresponding connections and access (in particular via Google OAuth authorisation). The unavailability or modification of a Third-Party Service may affect the availability or operation of the feature concerned, without the Publisher's liability being incurred as a result.

5.4. The Publisher draws the User's attention to the fact that the results produced by the automated features, in particular AI thumbnail analysis and prospecting, are provided for guidance and as decision-support. They do not constitute a guarantee of commercial results and must be subject to assessment by the User.

Article 6 — Acceptable use and prohibitions

6.1. Principle

The User undertakes to use the Service in accordance with these Terms, with the laws and regulations in force, and with the terms of use of the Third-Party Services.

6.2. General prohibitions

The User is in particular prohibited from:

a) using the Service for unlawful or fraudulent purposes or purposes infringing the rights of third parties;

b) sending, by means of the e-mail sequence features, unsolicited communications in breach of the regulations applicable to commercial prospecting (spam), in particular the French Data Protection Act (loi Informatique et Libertés), the General Data Protection Regulation (GDPR), and Article L34-5 of the French Postal and Electronic Communications Code (Code des postes et des communications électroniques);

c) carrying out any mass and abusive extraction, collection, or scraping of data in breach of the terms of use of the platforms concerned, in particular YouTube and Google, or the rights of third parties;

d) attempting to access, without authorisation, parts of the Service, its systems, or the accounts of other Users;

e) disrupting, overloading, or compromising the operation, security, or integrity of the Service (in particular by introducing malicious code);

f) circumventing or attempting to circumvent the technical limitations, usage quotas, or security measures of the Service;

g) reproducing, copying, reselling, sub-licensing, or commercially exploiting all or part of the Service beyond the use authorised by these Terms.

6.3. Compliance with the terms of use of YouTube and Google

6.3.1. The prospecting, thumbnail analysis, and calendar synchronisation features rely on Google and YouTube services and APIs; the sending of e-mail sequences is carried out from the User's own e-mail inbox (SMTP).

6.3.2. The User undertakes to comply with the terms of use, the data rules, and the applicable policies of YouTube and Google (in particular the YouTube Terms of Service and the Google API Services User Data Policy), in particular with regard to sending volume, e-mail content, and the use of the data obtained.

6.3.3. The User acknowledges that failure to comply with these terms may result in the restriction, suspension, or closure of their access to the Third-Party Services by the latter, without the Publisher's liability being incurred.

6.4. GDPR compliance of the User in respect of their Prospects

6.4.1. The User who collects, contacts, and manages Prospects and contacts by means of the Service acts as data controller for their personal data. They are solely responsible for the lawfulness, fairness, and transparency of the processing operations they implement.

6.4.2. In this respect, the User undertakes in particular: to have a valid legal basis for the collection and prospecting (in particular legitimate interest or consent, as the case may be); to comply with the information obligations towards the data subjects; to allow the exercise of their rights (access, rectification, erasure, objection, in particular the right to object to prospecting and the ability to unsubscribe); and to contact only persons under conditions compliant with the applicable regulations (in particular Article L34-5 of the French Postal and Electronic Communications Code).

6.4.3. The Publisher does not intervene in the determination of the purposes or in the choice of the recipients of the User's prospecting campaigns. With respect to such content, the Publisher acts as a technical processor within the meaning of Article 28 of the GDPR, under the conditions set out in the Privacy Policy and, where applicable, in a data processing agreement (DPA).

Article 7 — User Content and the User's liability

7.1. The User is solely responsible for the User Content that they create, import, enter, store, or distribute by means of the Service, as well as for the e-mails that they send to their Prospects and contacts.

7.2. The User warrants that they hold all the rights and authorisations necessary in respect of the User Content and that it does not infringe the rights of third parties (in particular intellectual property rights, image rights, the right to privacy, and the protection of personal data) or public order.

7.3. The User retains ownership of the User Content. They grant the Publisher, solely for the purposes of the provision, operation, maintenance, and security of the Service, a non-exclusive licence to host, reproduce, and technically process such User Content, including via the Third-Party Services necessary for the operation of the Service.

7.4. The Publisher does not exercise prior editorial control over the User Content. However, in the event of manifestly unlawful content reported to it, the Publisher reserves the right to act under the conditions provided for by Law no. 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN).

7.5. The User shall indemnify the Publisher against any claim, action, or judgment by a third party (including a Prospect, a supervisory authority such as the CNIL, or a Third-Party Service) resulting from the User Content or from a breach by the User of these Terms, within the limits permitted by law.

Article 8 — Intellectual property

8.1. The Service, in all of its components (in particular software, code, databases, interfaces, texts, graphics, logos, trademarks, guidelines, and design elements), is protected by intellectual property law and remains the exclusive property of the Publisher or its licensors.

8.2. Subject to compliance with these Terms and, where applicable, payment of the sums due, the Publisher grants the User a personal, non-exclusive, non-assignable, and non-transferable right to use the Service, solely for the duration of its use and for their own professional needs.

8.3. No provision of these Terms may be interpreted as an assignment of intellectual property rights to the User. Any unauthorised reproduction, representation, adaptation, modification, decompilation (except in the cases authorised by law), or exploitation of the Service is prohibited.

8.4. The trademarks, logos, and distinctive signs of the Third-Party Services (in particular Google, YouTube, Stripe) remain the property of their respective holders.

Article 9 — Availability, changes, and interruptions

9.1. The Publisher endeavours to ensure the accessibility of the Service 24 hours a day, 7 days a week. It is nevertheless recalled that the Service is provided under a best-efforts obligation (obligation de moyens) and that its availability may be affected by maintenance operations, updates, technical incidents, or causes beyond the Publisher's control (in particular failure of the Third-Party Services, the host, or the network).

9.2. The Publisher reserves the right to develop, modify, improve, suspend, or remove all or part of the features of the Service, in particular in order to take account of technical or regulatory developments or developments of the Third-Party Services. As far as possible, the Publisher endeavours to inform the User of any substantial change.

9.3. The Publisher may temporarily suspend access to the Service, in particular for maintenance or security reasons. It endeavours to limit the duration and impact of such interruptions and, where possible, to inform the User in advance.

9.4. The Publisher shall not be held liable for damage resulting from any unavailability, interruption, or change of the Service occurring under the conditions of this article.

Article 10 — Suspension and termination of the Account in the event of a breach

10.1. In the event of a breach by the User of any of their obligations under these Terms, in particular Articles 4 (registration), 6 (acceptable use), and 7 (User Content), the Publisher may, following notice that has remained without effect within a reasonable period, except in the event of urgency, particular gravity, or a legal obligation, suspend or terminate the User's Account, in whole or in part.

10.2. In the event of a serious breach (in particular unlawful use, breach of the security of the Service, mass sending of unsolicited e-mails, breach of the terms of the Third-Party Services or of the regulations applicable to data protection), the Publisher may carry out an immediate suspension or termination, without notice.

10.3. Termination of the Account at the Publisher's initiative for a breach by the User gives rise to no refund of the sums already paid, without prejudice to the Publisher's rights to compensation. The financial and cancellation terms of the paid subscriptions are set out in the Terms of Sale.

10.4. The User may request the closure of their Account at any time. The consequences of termination on the User's data (retention, return, erasure) are set out in the Privacy Policy and, with regard to the financial aspects, in the Terms of Sale.

Article 11 — Limitation of liability

11.1. The Service is provided under a best-efforts obligation (obligation de moyens). The Publisher implements reasonable diligence to ensure the proper functioning of the Service, without being able to guarantee that it will be free from errors, interruptions, or vulnerabilities.

11.2. The Publisher does not guarantee the achievement of any particular commercial result, nor the accuracy, relevance, or completeness of the results produced by the automated features (in particular prospecting and AI thumbnail analysis), which are provided as decision-support.

11.3. The Publisher shall not be held liable for:

a) damage resulting from a breach by the User of these Terms, in particular non-compliant use of the Service, e-mail sending, or prospecting carried out by the User;

b) damage resulting from the act of a third party or a Third-Party Service (in particular Google, YouTube, Stripe, Railway, Resend), including their unavailability, their restriction decisions, or their terms of use;

c) the loss of data attributable to the User or to a case of force majeure, it being specified that the User is invited to keep their own backup copies of their important data;

d) indirect damage, such as loss of turnover, profit, clientele, data, or image.

11.4. To the fullest extent permitted by law, and save in the event of gross negligence or wilful misconduct of the Publisher, the Publisher's total and aggregate liability in respect of the Service is limited to the amount of the sums actually paid by the User during the twelve (12) months preceding the event giving rise to liability.

11.5. No provision of these Terms has the effect of excluding or limiting the Publisher's liability in cases where such limitation would be prohibited by law.

Article 12 — Links and Third-Party Services (Google, Stripe, etc.)

12.1. The Service integrates or interfaces with Third-Party Services, in particular: Google (Google Ireland Ltd.) for the Gemini artificial intelligence, Google/OAuth authentication, and Google Calendar; Stripe (Stripe Payments Europe, Ltd., Ireland) for payment processing; Railway Corporation (United States) for hosting; Resend and/or Gmail SMTP for sending transactional e-mails.

12.2. The use of these Third-Party Services is subject to the general terms and policies specific to each provider, which the User is invited to consult and which they undertake to comply with. The Publisher exercises no control over these Third-Party Services and shall not be held liable for their content, their operation, their availability, or their terms.

12.3. The User's banking data is never stored by the Publisher; it is processed directly by Stripe.

12.4. The processing of personal data within the framework of these Third-Party Services, including transfers of data outside the European Union (in particular to Railway, in the United States, governed by standard contractual clauses), is detailed in the Privacy Policy.

Article 13 — Modification of the Terms

13.1. The Publisher reserves the right to modify these Terms at any time, in particular to take account of legal, regulatory, or technical developments or developments of the Service's features.

13.2. The applicable Terms are those in force on the date of use of the Service. In the event of a substantial modification, the Publisher endeavours to inform the User by an appropriate means (in particular by e-mail or by a notification upon login) within a reasonable period before their entry into force.

13.3. Continued use of the Service after the entry into force of the modified Terms constitutes acceptance of them. Failing acceptance, the User must cease using the Service and may terminate their Account under the conditions provided for in Article 10 and in the Terms of Sale.

Article 14 — Governing law and disputes

14.1. These Terms are governed by French law.

14.2. In the event of a dispute relating to their validity, interpretation, or performance, the parties shall endeavour to seek an amicable solution prior to any litigation. Any claim may be sent to the Publisher at the address contact@thumblead.com.

14.3. The Service is exclusively reserved for Users acting for the purposes of their professional activity. Consequently, the provisions of the French Consumer Code (Code de la consommation) relating to consumer mediation (Articles L611-1 et seq.) are not applicable. Any claim may nevertheless be sent to the Publisher at contact@thumblead.com with a view to an amicable resolution.

14.4. Failing an amicable resolution, and subject to the mandatory rules of jurisdiction, jurisdiction is granted to the courts within the jurisdiction of the Publisher's registered office, subject to mandatory legal provisions.

14.5. Language. These Terms are drafted in the French language. Any translation into another language is provided for information purposes; in the event of a divergence of interpretation, only the French version shall prevail.