Terms of Services
Version du October 22nd, 2020
We have written these Terms of Service (which we call the “Terms and Conditions”) so that you are fully aware of the rules that govern your relationship with us. We have done our best to avoid legal jargon, but please be aware that these Terms and Conditions read like a traditional contract. There is a good reason for this: these Terms and Conditions are indeed a contract (an Agreement) between you and SAS INTACTILE. We therefore invite you to read them carefully.
Subscription to the Services and use of the Software constitutes unreserved acceptance of the conditions described below.
ARTICLE 1 - PRESENTATION OF THE PUBLISHER
INTACTILE SAS Simplified joint stock company with a capital of 60,000 euros Headquarters: 20, rue du Carré du Roi - 34000 Montpellier - FRANCE SIREN identifier: 433 268 091 Intra-community VAT number: FR17433268091 Phone. : 04 67 52 88 61
SAS INTACTILE edits and sells the STEMIC® software.
ARTICLE 2 - GLOSSARY TO BETTER UNDERSTAND US
The terms beginning with a capital letter in the body of these Terms and Conditions are defined below:
Subscription: subscription required in return for payment of a price, allowing the user to benefit from a license for using the paid version of the STEMIC® Software under the conditions described in these general conditions.
General Conditions: refers to these general conditions of use and sale, which the User undertakes to respect and whose use of the Services implies unreserved acceptance.
Data: refers to all User data stored on the Publisher's servers during the use of the Software.
Personal data: data which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom they apply, whether the processing is carried out by a natural person or a legal person.
Publisher : INTACTILE SAS
Software: refers to the "STEMIC®" software as described in article 3, made available to the User by the INTACTILE Publisher in SaaS.
Prerequisites: minimum configuration of the device (computer, tablet, smartphone) on which the User uses the Software. This minimum configuration is indicated as follows:
- Minimum 4 GB of RAM;
- A network card (ethernet or WiFi);
- Screen at least 13 inches;
- Behavior on a tactile device is not guaranteed.
- Internet browser of your choice:
- One of the last two versions of Chrome;
- One of the last two versions of Safari;
- One of the last two versions of Firefox;
- One of the last two versions of Edge.
Services: refers to all the services provided by the Publisher as part of the provision of the STEMIC® Software, whether in its free version or by means of the Subscription.
Site: website accessible at the following address on [https://go.stemic.app] (https://go.stemic.app).
User: natural or legal person who has subscribed to the Services with the Publisher for the purpose of obtaining a license to use the STEMIC® Software.
The parties may be referred to herein individually by "Party", and collectively by "Parties".
ARTICLE 3 – DESCRIPTION OF THE SOFTWARE
The STEMIC® software is dedicated to the mapping and analysis of complex situations (such as the stages of a process, the relationships between notions or concepts, the interactions between entities, etc.). STEMIC® is an online software available at [https://go.stemic.app] (https://go.stemic.app).
The service innovation that resides in STEMIC® enables concept maps to be created and visually understandable. The graphic design was chosen to be uncluttered in order to highlight the data, the analyzes and the points of view of the User.
This makes it easier to structure the progress of an idea, or to visualize and analyze the different stages of a project, either by the user alone or with his collaborators.
In summary, this Software offers several features to the User:
- Mapping: Schematizing situations or issues in the form of a network.
- Formalize: Enrich the network with categories and properties.
- Visualize: Take a step back. See the big picture.
- Exchange: Explain a point of view using the produced schema.
The User freely chooses the data he wishes to keep in his confidential space.
ARTICLE 4 – OBJECT OF TERMS AND CONDITIONS
4.1 Scope of the Terms and Conditions
Without prejudice to the legal and regulatory provisions in force, these Terms and Conditions govern the relationship between the Publisher and the User from the first connection of the User to the STEMIC® Software. They are intended in particular to define the rights and obligations specific to the use of the STEMIC® Software as well as the terms of sale of the Subscription. The User is thus granted a license for the STEMIC® Software in SaaS hosted by the Publisher on a shared server under the conditions described in these Terms and Conditions.
4.2 Changes to the scope of the Terms and Conditions
The Parties agree that their relations will be governed exclusively by the Terms and Conditions of the Publisher. The express acceptance of the Terms and Conditions by the User constitutes an essential prerequisite for accessing the Services.
The terms hereof may be amended at any time, without notice, depending on changes made to the Software, changes in legislation or for any other reason deemed necessary.
The Publisher thus reserves the right to modify its Terms and Conditions at any time by publishing a new version on the Site.
Changes to the conditions affecting the Subscription will be communicated to the User by email or by means of a pop-up on the Site.
It is however specified that concerning the modifications made to the Terms and Conditions affecting the pricing conditions relating to the Subscription prices, the User having subscribed to a Subscription will then have a period of 15 days to expressly reject the new conditions, during which time the Terms and Conditions previously entered into continue to apply and at the end of which, in the event of rejection by the User, the Subscription will be automatically terminated, in accordance with article 10.3.1. Without express rejection at the end of the aforementioned period of 15 days, the new Terms and Conditions are considered accepted by the User, and the monthly renewal may continue in the absence of termination from the User.
The Terms and Conditions applicable to the relationship between the User and the Publisher are those in force between the Parties on the date of the User's connection to the STEMIC® Software. These Terms and Conditions shall prevail over any other general or specific conditions not expressly accepted by the Publisher.
ARTICLE 5 - USER ACCOUNT
5.1 User account creation
The creation of a user account conditions access to the Services and will be considered as an unreserved acceptance of these Terms and Conditions.
When creating an account, the User is required to fill in the required fields, it being indicated that the Publisher reserves the right to refuse any use of a single-use email address.
The User indicates a name, a first name, chooses an identifier (formalized by a valid e-mail address) and a password. The password must be 8 characters or more including at least one upper case, one lower case, one number and one special character. The User must keep his username and password which will be useful for any access to his personal account on the Software.
The User who takes out a Subscription must also provide his intra-community VAT number and his billing details.
The email address provided by the User as an identifier will be used to confirm the creation of his account, for password modification procedures, for the electronic sending of invoices if applicable and possibly to contact the User about a feedback of a bug or his personal data.
The User undertakes to provide accurate, up-to-date, sincere and complete information and to inform the Publisher of any changes.
Use of the service requires a connection and an internet browser. The browser must be configured to allow cookies, one cookie being stored to manage authentication and another to keep the user's language (French or English).
5.2 Account security
The User must ensure that he adopts secure login credentials, he is responsible for maintaining their confidentiality and agree to be responsible for all activities that may be carried out from his account or with his password. The User must immediately inform the Publisher if he has reason to believe that his password is being used or likely to be used in an unauthorized manner.
5.3 Closing the account
When the User's account is closed, which occurs under the conditions of Article 10 hereof, it is up to the User to recover, on the medium and format of his choice, his data stored on the occasion of use of the Software, which it understands and accepts.
The Publisher can not then be held to keep the data and its responsibility can in no way be sought in the event of loss or alteration of the data stored by the User during the use of the Software.
The retention of personal data is governed by Article 9.3.
ARTICLE 6 - PAYMENT FOR SERVICES
The Publisher allows the User access to the Software in a free version with limited Services or through a Subscription with Extended Services. The various Services associated with the Software are indicated at the following link: https://stemic.app/pricing
6.1 Subscription Forms
The subscription is monthly. It is subscribed for a minimum initial period of one month, at the end of which it becomes renewable monthly if the User has not indicated his wish to terminate it under the conditions of article 10.3 or expressly. when subscribing. The monthly subscription price is structured as follows: A Subscription = a User
6.2 Payment of the Subscription
Payment of the User is made only by credit card. Bank cards accepted are those of the Carte Bleue, Visa, Eurocard / MasterCard networks. Payment is made using the "Stripe" system.
The credit card number and the expiration date are encrypted and transmitted to Stripe in a secure manner using the SSL (Secure Socket Layer) encryption process without the Publisher or third parties being able to access it. The data recorded by the payment system constitutes proof of financial transactions.
When the User pays by credit card, he therefore accepts the use of this payment provider and its terms and conditions, accessible at the following link: [https://stripe.com/legal ](https://stripe. com/legal)
The User may be required to confirm his identity via the 3D Secure confirmation system or via other procedures.
The transaction is immediately debited from the User's bank card, after verification of its data, upon receipt of the debit authorization from the company issuing the bank card used by the User.
In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing the information relating to his bank card, the User authorizes Stripe, acting on behalf of the Publisher, to debit his bank card for the amount corresponding to the price of the Subscription.
To this end, the User confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The User communicates the sixteen digits and the expiry date of his credit card as well as, where applicable, the numbers of the visual cryptogram.
In the event that the debit of the price is not possible, the Subscription cannot begin.
The User acknowledges that the Publisher cannot be held responsible for any malfunctions of the payment service provider, in particular in the event of non-execution of payment of the subscription price for security or technical reasons.
The User further acknowledges that the Publisher cannot be held responsible for any misappropriation of funds resulting from User negligence in the security or confidentiality of his password on the Site.
In any case, payments may not be suspended or be the subject of any compensation without the prior written consent of the Publisher.
In the event of an automatic renewal of the Monthly Subscription by the User, the latter accepts that the price of the Subscription will be the subject of an automatic debit from his bank account and undertakes to this effect to give any necessary authorization to the Publisher or its payment provider Stripe to carry out said debit. The subscription payment is then made automatically at the beginning of the month.
In accordance with the provisions of article L 221-18 et seq. of the French Consumer Code, the consumer has a period of fourteen days to exercise his right to withdraw from a contract concluded at a distance, following canvassing. telephone or off-site, without having to justify its decision or bear costs other than those provided for in Articles L. 221-23 to L. 221-25.
This right also applies to the professional as soon as the object of the acquired service does not fall within the scope of their main activity and the latter employs a maximum of five employees. This right may include certain exceptions set out in Article L221-28 of the French Consumer Code, such as in particular with regard to the supply of digital content independent of any material medium.
The Subscription to the Services including access to the STEMIC® Software in SaaS allows the provision of digital content independent of any material medium to which the User intends to have access immediately after taking out the Subscription.
Consequently, it is understood between the Parties that by accepting these General Conditions and provisions, the User has clearly and expressly expressed his wish to have access to the STEMIC® Software before the expiry of the aforementioned withdrawal period, thus expressing his express waiver of the exercise of his right of withdrawal in accordance with article L.221-28 of the Consumer Code. The execution of the Services including access to the STEMIC® Software therefore begins upon validation by the Publisher of the User's Subscription and the latter no longer has the right to exercise his right of withdrawal.
The Publisher sends the User a copy of the Terms and Conditions by email after the latter has taken out a Subscription. This sending includes the express waiver of the User of his right of withdrawal under the conditions below.
6.4 Subscription renewal
The Subscription will be renewed by tacit agreement, unless terminated in accordance with the provisions of Article 10.3. Any Subscription period initiated is due in its entirety.
6.5 Billing of the Subscription
The User agrees the Subscription invoices, initial as well as tacitly renewed, to be automatically sent electronically to the email address provided by the User as an identifier.
ARTICLE 7 - OBLIGATIONS OF THE PUBLISHER
7.1 Conditions for making the Software available
The Software is placed on a server owned and managed by the Publisher INTACTILE, there is no hardware delivery of the Software, it is made available by opening a connection to the Publisher's server. and the delivery of identifiers to the User.
7.2 Software use rights granted to the User
The license to use the Software, granted under the Agreement, allows the User to use the Software for its intended purpose and for its own needs and within the limits set forth herein. This right of use granted to the User is granted on a non-exclusive basis, for the territory in which the User accesses the Software, and where applicable for the duration of the Subscription or the free access granted. It allows the User to represent the Software on the computer medium of his choice for his personal use, the principle being: a Subscription = a User. It is understood that this license does not entail any transfer of material or intellectual property on the STEMIC® Software. Any other use of the Software, not expressly authorized by these presents, will constitute a contractual fault and an act of infringement, in accordance with the texts and the case law in force.
7.3 Availability of STEMIC® Software
The STEMIC® Software is accessible by the User at any time, 24 hours a day, 7 days a week, with the exception of maintenance periods under the conditions defined below.
Interruption of Services due to maintenance may not exceed:
- 2 hours between 7 a.m. and 9 p.m. (Paris time).
- 3 hours between 9 p.m. and midnight (Paris time).
In the event of a security breach noted by the Publisher, likely to seriously compromise the security of the Services and User Data, the Publisher may proceed, without notice, to a momentary interruption of the Services in order to remedy the breach security as soon as possible.
In the aforementioned hypotheses, the User may not claim any compensation nor bring into play the liability of the Publisher for any reason whatsoever.
To preserve a maximum Data security threshold, the Publisher undertakes to back up User Data under the conditions provided for in Article 9.2.
The User declares to know and accept the characteristics and limits of the internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption and more generally, the inherent risks to any connection and transmission over the internet, the lack of protection of certain Data against possible misappropriation and the risk of contamination by possible computer viruses circulating on the network.
Consequently, the Publisher cannot, under any circumstances, be held liable for any damage directly or indirectly related to any of these characteristics and / or limits.
The connection of the User to the Software and the use of all or part of the Services offered through the Software or the Site is done under the full responsibility of the User. It is their responsibility to take all measures to maintain this access. The Publisher is released from all liability in the event that it is impossible to access the Services due to an event beyond its control.
It is up to the User to take all necessary measures to protect his own Data and / or software stored on his computer equipment against any attack.
The Publisher provides assistance to the User only to Users who have subscribed to a Subscription and only for the duration of the Subscription and this from the date of subscription to the Subscription by the User with the Publisher.
The assistance concerns only the technical support concerning the use and the features of the Software made available in Saas with the exception of the internet connection and the computer configuration of the User which is under his sole responsibility.
As part of this assistance, the User can contact the Publisher at the following coordinates: email@example.com
And on the following days and times: 9:30 a.m. - 12:30 p.m. and 2 p.m. - 6 p.m. (Paris time).
The Publisher undertakes to respond to the User within 6 hours in the aforementioned time slots.
ARTICLE 8 - RESPONSIBILITIES
8.1 Responsibilities of the User
It is expressly agreed that the User refrains from correcting any anomaly whatsoever on his own, the Publisher reserving this right alone in accordance with the provisions relating to maintenance below.
The User is prohibited from granting sub-licenses to third parties. The User cannot grant, even free of charge, in any way whatsoever the right of use to third parties.
The User shall refrain from making any use of the Software other than that expressly authorized herein. Anything which has not been expressly mentioned in the contract is strictly prohibited.
The Software is thus used under the sole direction, control and responsibility of the User, to whom it belongs to:
- ensure that any computer program used in conjunction with the Software does not present any defect having damaging consequences on said Software;
- to take any appropriate measure to minimize or protect against any harmful consequences due to the use of the Software and particularly related to a possible interruption of operation or a possible loss of data generated by the Software as a result of its use;
- regularly back up data processed by the Software and in general the data processed by its devices in order to avoid any permanent loss of data;
- implement appropriate technical and organizational security measures aimed at preventing fraudulent intrusion by third parties or viruses into the User's computer system or devices;
- ensure that the results obtained by using the Software meet their expectations and are correct before using them. The User uses these results under his sole control and responsibility.
The User is responsible for his data and its preservation. More generally, the User is responsible for the nature and content of the information he creates or communicates during the use of the Software. He therefore guarantees that such data is not illegal.
8.2 Publisher's liability limits
The Publisher is only bound, with respect to the commitments contained herein, by an obligation of means concerning access to services which depend on the Internet.
The Parties expressly agree that the Publisher may not also be held responsible for interruptions of Services or Damages related to:
- use of the Software in a manner not provided for in the user documentation or for use not expressly authorized by this Agreement;
- use of all or part of the Software when the Publisher, following a difficulty or for any other reason whatsoever, had recommended its use to be suspended;
- use of the Software in an environment or in a configuration that does not meet the Publisher's technical prerequisites, or in connection with third party programs or data not expressly endorsed by the Publisher;
- the occurrence of any damage resulting from the fault or negligence of the User, or that the latter could have avoided by calling on advices of the Publisher;
- use in connection with programs not provided or endorsed by the Publisher and likely to affect the Software or User Data;
- a case of force majeure or a decision of the authorities;
- an interruption in the supply of electricity or transmission lines due to public or private operators;
- an abnormal or fraudulent use by the User or third parties requiring the service to be stopped for security reasons;
- a malfunction of hardware or software solutions hosted or access to the Internet network of the User or improper use of the Software by the User;
- an intrusion or fraudulent maintenance of a third party in the system, or the illicit extraction of data, despite the implementation of security means in accordance with current technical data, the Editor only supporting an obligation of means with regard to known security techniques;
- the nature and content of the information and data created and / or communicated by the User; more generally, the Publisher can in no way be responsible for data, information, results or analyzes from a third party, transmitted or received through the use of the hosted software solutions made available to the User;
- a delay in the delivery of information and data, when the Publisher is not the cause of this delay;
- the operation of the internet or telephone or cable networks for internet access not implemented by the Publisher.
In addition, the Publisher cannot be held responsible for the accidental destruction of the Data by the User or a third party who has accessed the Software.
The Publisher cannot be held liable for indirect damage or damage not resulting directly and exclusively from a failure of the Services.
The Publisher is not liable for any indirect or unforeseeable loss or damage to the User or to third parties, which includes in particular any missed gain, loss, inaccuracy or corruption of files or data, commercial damage, loss turnover or profit, loss of business, loss of opportunity, cost of obtaining a substitute product, service or technology. Likewise, no liability of the Publisher can be incurred in the event of damage resulting from non-performance by the User of one of his obligations or from improper use of the Software.
In any event, the amount of the Publisher's liability is limited to reimbursement of the sums actually paid by the User on the date of occurrence of the event giving rise to liability.
The Publisher also reserves the right to make service interruptions for the purposes of carrying out technical operations and maintenance of the Software, and undertakes, to the extent possible, and except in exceptional circumstances, to proceed at its interruptions during the following periods: between 9 p.m. and midnight (Paris time).
ARTICLE 9 – DATA
9.1 Web hosting
The Publisher undertakes to provide the benefit of the User with a hosting service with the characteristics detailed below.
The actual hosting of the Software made available to the User and of the Data created from the use of the Software includes:
- monitoring of the shared server (or one specifically dedicated to the needs of the User) to host all of its Data;
- the allocation, if necessary, of a storage capacity for the content of the systems on another server of the Publisher;
- the monitoring of proper functioning of the infrastructure necessary for hosting;
- the monitoring of access to the Hosted Software and Data.
As part of the hosting of the Software, it is specified that the Publisher undertakes to ensure physical security with regard to access to User Data, which has the following characteristics:
- all the servers used for hosting the Software made available to the User and User Data are located in a clean room that meets the constraints of thermal and hygrometric protection and against water damage;
- access to the premises is limited and is done with a magnetic badge;
- a remote monitoring system is set up in addition to a set of alert and guarding procedures;
- access to the Data is controlled more precisely in different ways:
- limitation of access to persons with an identifier with blocking of access to the server after 3 successive errors;
- automatic disconnection after 20 minutes of inactivity (logoff).
Finally, the Publisher specifies that a firewall is in place upstream which makes it possible to control access to the various servers. A log of abnormal events is used to inform the supervisor of the security system by email.
The Publisher therefore makes its best efforts to ensure the security of its servers. The technical and organizational measures described above are therefore taken to protect the integrity and confidentiality of the data hosted. However, the Publisher cannot guarantee the infallibility of these measures, in particular against fraudulent actions by third parties. It is therefore up to the User to regularly save the data that he processes through the Software and which would be hosted on the Publisher's servers, in order to minimize the consequences of any loss of data on said servers. .
The Publisher can also not be held responsible for the confidentiality and integrity of the User's data during the links between his computer system and his devices with the Publisher's servers.
It is specified that within the framework of the backup service offered by the Publisher, the Data is replicated (mirror server) and backed up incrementally daily, and additionally weekly. The backups are copied to two backup servers located in different locations.
Backup and restore tests are performed regularly, in particular with each new version of the Software.
9.3 Processing of personal data
9.3.1 Processing of User data by the Publisher
The Publisher undertakes to take all necessary measures to guarantee the security and confidentiality of the Data provided by the User.
By using the Services, the User consents to his Personal Data being processed under the conditions and purposes indicated on the dedicated page: https://stemic.app/privacy
The personal data collected by the Publisher are therefore processed on the basis of the User's consent to these Terms and Conditions, in order to allow the Publisher to perform the Services.
The Publisher ensures that the processing of personal data respects the formalities and legal obligations of the regulations for the protection of personal data and in particular those prescribed by Law No. 78-17 of 6 January 1978 related to the information technology, files and freedoms, Law n ° 2016-1321 of October 7, 2016 for a Digital Republic, as well as the European Data Protection Regulation of April 27, 2016 and LAW n ° 2018-493 of June 20 2018 related to the protection of Personal Data.
The Publisher thus guarantees the Software User the rights of access, rectification and opposition provided for in the aforementioned texts.
The Publisher undertakes not to market the information transmitted by the User by means of the Software, and not to communicate it to third parties, except in the cases provided for by the law.
The Data transmitted by the User remains under his control. He can modify or delete them at any time. Only information is kept to keep the subscription active and to respond to any disputes and statistical needs of the Software.
Any request related to the User's personal data is made to the Publisher's IT and freedoms correspondent at firstname.lastname@example.org.
For more information on the processing of personal data, we invite you to consult the dedicated page on https://stemic.app/privacy
The Publisher undertakes to take all necessary precautions to preserve the security of the data collected from the User, and in particular to prevent it from being distorted, damaged or from unauthorized third parties having access to it.
The data kept by the User in his storage space remains his exclusive responsibility. The use of the storage space does not exempt the User from keeping any data of which he could have deposited a copy in this space.
9.3.2 Personal data collected by the User
The Publisher ensures the hosting and security of personal data collected, if applicable, by the User during the use of the Software.
Consequently, the Publisher, in its capacity as a personal data processor, complies with the obligations imposed by European Regulation No. 2016-679 of the European Parliament and of the Council of April 27, 2016, related to the protection of individuals at with regard to the processing of personal data and the free movement of such data, and by law n ° 78-17 of January 6, 1978 related to data processing, files and freedoms.
The User remains responsible for the fulfillment of his own obligations as data controller within the meaning of the aforementioned law and undertakes to carry out all the due diligence required to ensure the protection and lawful processing of personal data it collects, processes and preserves.
ARTICLE 10 – DURATION AND END OF SERVICES
10.1 Duration of Services
These Terms and Conditions are concluded for the duration of the Subscription and this from the date of its express validation of these Terms and Conditions as provided for in Article 4.2 hereof.
Unless the Subscription is terminated under the conditions referred to in Article 10.3, the Subscription will be tacitly renewed from month to month until the effective termination by the User.
10.2 Fraudulent use of the Services by the User
Access to the Services may be interrupted at any time and with immediate effect by the Publisher and at its sole discretion, in the event of non-compliance by the User with its obligations under these Terms and Conditions, or in the event of serious suspicion of a breach by the User of said obligations such as those referred to in Articles 5.1, 8, and 9.3.2, without prior notice being necessary.
The Services may be restored at the discretion of the Publisher if the conditions that led to the interruption have been dispelled or resolved by the User in question.
In the event that the absence of a breach or violation is demonstrated, the Publisher will reactivate access to the User's account, without any compensation whatsoever if the reasons for the interruption were legitimate for the Publisher, such as a suspicion of fraudulent use of access codes to the User's account.
In the event of a proven breach, the termination will be fully effective and the User will be deprived of access to the Services and the Software for a period which will depend on the seriousness of the breach concerned and which will remain at the sole discretion of the Publisher.
10.3 Termination of the Subscription
10.3.1 Non-renewal of the Subscription
The User who does not wish to have his Subscription renewed over the following month or months must notify the Publisher of his wish to terminate the Subscription. This notification is made as follows: click on the “Cancel my subscription” button in the “My account> My subscription” panel of the STEMIC® software.
10.3.2 Early termination without fault
The Subscription may also be subject to early termination in the event of liquidation, receivership or legal protection of either Party, under the legal and regulatory conditions in force, and subject to the any public order provisions, without compensation.
The relationship between the Publisher and the User may also end early in the event of an execution made impossible for one or other of the Parties and occurring due to a case of force majeure, in which no solution could not be found beyond 10 days of inability to perform.
10.3.3 Early termination for fault
The Subscription may be terminated early by either of the Parties in the event of non-performance of any of the contractual obligations referred to in these Terms and Conditions, without prejudice to any claim for compensation and subject to any abuse of rights.
Failure by the User to comply with his payment obligation constitutes in particular a cause for termination of the Subscription as well as a ban on use and access to the Services.
The early termination will take place automatically 5 days after a formal notice remained unsuccessful, notified by registered letter with acknowledgment of receipt, and indicating the intention to apply this clause.
Termination will take place automatically without formal notice in the event of repeated breaches of its obligations by one of the Parties. In any case, the User may not invoke the automatic termination clause in the event that the non-performance of the obligations results in part from his own act.
It is specified that the termination of the Subscription will not have an impact on the User's ability to use the free version of the Software, except for fraudulent use of the Services referred to in Article 10.2 which may result in prohibition of access to the Services to the User.
The Publisher also reserves the right to take any appropriate measure, initiate any legal action and notify the competent authorities, cooperate with them and provide them with all the information useful for the investigation and repression of illegal or illicit activities.
10.3.4 Effects of termination of the Subscription
Termination takes effect on the 1st working day of the month following the due date, the remaining month due to the Publisher.
Furthermore, the sums paid to the Publisher in payment for the Services will automatically be acquired by the Publisher and may not give rise to any reimbursement, except in the event of termination for fault of the Publisher.
Pending payments will be settled within a period not exceeding 30 days from the date of termination.
ARTICLE 11 – INDEPENDENCE OF THE PARTIES
Neither Party may avail itself of the provisions of this Agreement to claim, in any way, the capacity of agent, representative or servant of the other Party, nor to bind the other Party with regard to third parties beyond the services explicitly provided for by the provisions of this Agreement. In addition, under the terms of this Agreement, no particular legal structure is formed between the Parties, each of them retaining its full autonomy, its responsibilities and its own clientele. Each Party will therefore retain exclusive control over its employees, servants and agents, without the other Party being able in any way to influence the relations and working conditions of employees of the other Party, nor on the salary policy, the hiring policy or the disciplinary power of that other Party, this list not being exhaustive.
ARTICLE 12 – DISPUTES
This Contract is subject to the application of French law. It is initially written in French. In the event that it is translated, totally or partially, into one or more languages, only the French text will prevail in the event of a dispute.
Any disagreement or dispute that is not resolved amicably between the parties may be the subject, prior to any referral to the competent court, of recourse to the consumer mediator in the event that the User is a consumer.
The Editor thus declares to have adhered to the Mediator E-Commerce Fevad ([https://www.mediateurfevad.fr] (https://www.mediateurfevad.fr)), 60 rue la Boétie - 75008 PARIS - FRANCE to allow the User to exercise this right.
Any dispute, controversy or claim arising from this Agreement and from any subsequent modification of this Agreement, or relating to it, and relating in particular but not exclusively to its formation, validity, binding effects, are interpretation, execution, violation or its resolution, as well as any extra-contractual claim, will be submitted to the courts of Montpellier (FRANCE), except for specialized expertise required by the nature of the dispute.
ARTICLE 13 – GENERAL PROVISIONS
No document may give rise to new obligations if it is not the subject of a written amendment, signed by the Parties. The Parties acknowledge that this Agreement is the only document to produce effects between the Parties.
If a clause of the Agreement is declared null, it will be deemed unwritten, without entailing the nullity of the contractual whole by which the Parties will remain committed to each other. If necessary, the Parties undertake to negotiate in good faith the provisions necessary to replace clauses which may have been the subject of cancellation or invalidation for any reason whatsoever.
The fact for a Party not to claim the application of any provision of this Agreement or to tolerate the non-performance thereof temporarily or permanently, may in no case be interpreted as a waiver by this Party to exercise the rights it holds hereunder. The fact that a Party tolerates the non-performance or imperfect performance of any contractual obligation or more generally of tolerating any act, abstention or omission of the other Party not in conformity with the contractual provisions cannot confer any right on the Party which enjoys such tolerance.