Terms of service

Last update on May 20, 2018

Translated with www.DeepL.com. The authoritative and original version is the french page.

Owner and Manager

Atolia SAS
13 Rue Jacques Peirotes
67000 Strasbourg, France

Contact

contact@atolia.com

Preamble

Atolia is a web and mobile platform, accessible at the following address: https://app.atolia.com and all attached pages (the "Platform") operated by Atolia SAS, a simplified joint stock company with a capital of 25,438 euros, whose registered office is located at 13 Rue Jacques Peirotes, 67000 Strasbourg, registered with the Strasbourg Trade and Companies Registry under the identification number 812 302 198 and whose intra-community VAT number is FR 50 812302198 (the "Provider"). The said Platform provides access to various communication services centralized and managed within a single interface.

The purpose of these General Terms and Conditions of Use (the "Terms" or, taken as a whole, the "Agreement") is to define the terms and conditions governing relations between Users, which are defined as all natural or legal persons having access to the Platform. In the event of non-compliance with the terms of these Terms, the Service Provider reserves the right to take any measure to protect its interests and in particular to ensure its enforcement.

The User undertakes to comply with all of these Terms and Conditions without reservation on each visit to the Platform. Consequently, the User acknowledges having read the Conditions and agrees to be bound by these provisions. If the User accesses the Platform on behalf of a company or any other legal entity, it is nevertheless personally bound by this Agreement.

Article 1 - Access to the Platform

1.1 Reserved access

Access to the Platform is reserved to natural or legal persons who have access to the Platform. Such access is granted in accordance with the contractual agreements entered into with the Provider by the legal entity or group of legal entities or individuals (the "Organization") that has subscribed to a subscription granting the right to access and use the Platform.

1.2 Creation of an account

The creation of an account is a mandatory prerequisite for access to the Platform.

Once access has been granted by the Organization, the creation of an account requires the completion of a form provided for this purpose. The information requested, in particular the e-mail address, must be accurate, up-to-date and complete. This information must be updated regularly to maintain its accuracy.

User account access codes are strictly confidential. In case of unauthorized use of the account or any breach of confidentiality and security of its means of identification, the User must, without delay, inform the Provider.

Each User agrees to create only one account corresponding to his profile.

Article 2 - Use of the Platform

2.1 Right of access to the Platform

The Provider, according to the present Terms, grants to the Users a limited, revocable, non-exclusive, non-transferable access right to the Platform on a strictly personal basis. Any use of the Platform contrary to its purpose is strictly prohibited and constitutes a breach of these Terms.

The Service Provider reserves the right to suspend, restrict or terminate a User's access to the Platform without prior notice if the User fails to comply with any of the provisions of these Terms.

The use of the Platform requires a connection and an Internet browser. In order to ensure that the Platform functions properly, it is specified that the Platform is optimized for :

• a screen resolution of 1280×768 pixels ;
• the latest versions of Microsoft Edge, Google Chrome, Mozilla Firefox and Safari browsers.

The Platform is also accessible via the Atolia mobile application available and optimized for the latest versions of Android and iOS. All hardware and software necessary to access the Platform remain the sole responsibility of the User. The Service Provider reserves the right to suspend or refuse access to the Platform to one or more Users.

2.2 Users' obligations

Users shall not:

1. transmitting, publishing, distributing, recording or destroying any Content (as this term is defined in Article 3) ;
2. disseminate data, information or content of a defamatory, insulting, obscene, offensive, violent or inciting to violence nature, or of a political, racist or xenophobic nature, and in general any content that would be contrary to the laws and regulations in force or to good morals;
3. to reference or create links to any content or information available from the Platform;
4. to use the Content or any data available on the Platform to offer a service considered, at the sole discretion of the Provider, as competitive to the Provider;
5. sell, trade or monetize any Content without the express written consent of the Provider;
6. Reverse engineer, decompile, disassemble, decrypt or otherwise attempt to obtain source code in connection with any underlying intellectual property;
7. use any manual or automated software or devices, robots or other means to access, explore, retrieve or index any page of the Platform;
8. endanger or attempt to endanger the security of the Platform. This includes attempts to monitor, scan or test the vulnerability of a system or network or to breach security or authentication measures without express prior authorization;
9. infringe or use the Provider's products, logos, trademarks or other intellectual property rights;
10. simulate the appearance or operation of the Platform, for example by using a mirror effect;
11. directly or indirectly disrupt or interfere with the services of the Platform, or impose a disproportionate load on the Platform's infrastructure or attempt to transmit or activate computer viruses via or on the Platform.

It is reminded that violations of system or network security may lead to civil and criminal prosecution. The Service Provider shall verify the absence of such violations and may call upon the legal authorities to prosecute, if necessary, Users who have participated in such violations. Users agree to use the Platform in a fair manner, in accordance with its professional purpose and in compliance with the legal and regulatory provisions, these Terms and Conditions and current practices.

Article 3 - Use of the Platform Content

The entire content of the Platform, excluding data uploaded directly or indirectly by Users (the "Content"), including but not limited to designs, texts, graphics, images, videos, information, logos, button icons, software, audio files and others, belongs to the Provider and its partners.

Any representation and/or reproduction and/or exploitation of the Content offered by the Service Provider, in whole or in part, by any means whatsoever, without the prior written consent of the Service Provider, is strictly prohibited and may result in legal action.

Article 4 - Personal data

All personal data available to the Provider are collected legally and fairly.

These data are provided by the Users who voluntarily and expressly accept the present Conditions authorizing the Provider to process, disclose or transfer these data to any third party in order to (i) allow the User to fully benefit from the services and functions offered on the Platform, (ii) prevent any fraud and/or (iii) for statistical purposes.

In order to enable optimal use of the Platform and to personalize the User's experience of the Platform, the Provider uses cookies and log files.

Personal data is stored by the Provider on the servers of hosting companies for processing in connection with the use of the Platform. They are kept as long as necessary for the provision of the services and functions offered by the Platform.

The User always remains the owner of the information concerning him/her that he/she transmits to the Provider. He has, in accordance with the law n° 78-17 of January 6, 1978 modified by the law n° 2004-801 of August 6, 2004, a right of access, rectification and deletion of personal data concerning him, as well as the right to oppose the communication of these data to third parties for just reasons.

The User may exercise his rights by requesting it from the following postal address Atolia SAS, 13 Rue Jacques Peirotes, 67000 Strasbourg.

A reply to the User's request will be sent within 30 days.

Article 5 - Responsibility

5.1 The content of the Platform

The Provider does not control the content of the Platform that is provided by the Users, consequently, the Provider does not give any guarantee on the content of this content and shall in no case be held liable for this content.

The Service Provider has no general obligation to monitor the data and content provided by Users, nor any obligation to remove content that does not appear to be clearly illegal, notwithstanding its reporting. In accordance with the provisions of these Terms, the Service Provider may in any event delete any content that is manifestly unlawful and immediately suspend or terminate the account of the User concerned, and as a last resort, the account of the Organization, without the latter being entitled to claim compensation if such deletion is justified by the violation of any provision of these Terms. The Service Provider undertakes to consider within a reasonable time period any appeal from a User or an Organization following such suspension or closure, in order to reconsider its decision.

The Provider does not guarantee that the use of the Platform by the User will not infringe the rights of third parties.

5.2 Use of the Platform

The Provider's role is limited to the technical presentation of the Platform. The Provider remains a third party to the acts concluded by the Users as a result of the use of the Platform, and shall not be liable for the consequences of such acts in any respect whatsoever.

It is reminded that the data published by the Users and the information shared by them can be captured and used by other Users. In this sense, the Provider does not guarantee the respect of the ownership of these data, it is the User's responsibility to take all necessary measures to preserve the ownership of his data.

The User shall ensure that the data is sent to the Platform and shall not blame the Provider on any basis whatsoever for the non-receipt or loss of the transmitted data. The User shall therefore ensure that a backup of the transmitted data is kept.

The Provider does not guarantee the uninterrupted or error-free operation of the Platform, in particular, the Provider shall not be liable for any interruption of access to the Platform due to maintenance, updates or technical improvements.

In any event, the Provider shall not be liable under any circumstances for any indirect or unforeseeable loss or damage to the User or any third party, including, without limitation, any lost profits, any unfortunate investment, inaccuracy or corruption of files or data, loss of image or business, loss of revenue or profit, loss of goodwill or loss of opportunity in any capacity and on any basis whatsoever.

In addition, the Provider shall not be liable for any delay or non-performance of this Agreement caused by force majeure, as defined by the case law of the French courts.

Article 6 - Agreement of proof

The computer systems and files are authentic in the relationship between the Provider and the User.

Thus, the Service Provider may validly produce in any proceedings, for the purpose of proof, data, files, programs, recordings or other elements, received, issued or stored by means of computer systems operated by the Service Provider, on any digital or analog media, and rely on them unless there is an obvious error.

Article 7 - Indivisibility

The fact that any of the provisions of the Agreement are or become illegal or unenforceable shall not affect the validity or enforceability of the other provisions of the Agreement.

Article 8 - Dispute Resolution

The conclusion, interpretation and validity of this Agreement shall be governed by French law, regardless of the User's country of origin or the country from which the User accesses Atolia and notwithstanding the principles of conflict of laws.

In the event that a dispute concerning the validity, performance or interpretation of this Agreement is brought before the civil courts, it shall be submitted to the exclusive jurisdiction of the Strasbourg District Court, to which jurisdiction is expressly granted, even in the event of summary proceedings or multiple defendants.

The User is hereby informed that he/she may in any case resort to conventional mediation or to any alternative dispute resolution method (conciliation for example) in the event of a dispute.