General conditions

General conditionsof use

The present terms of use (the “Terms of Use”) are entered into between Inatysco, a simplified joint stock company, registered at the Montpellier Trade and Companies Registry under number 879 952 323, having its registered office at 22, avenue Saint Maurice de Sauret, 34000 Montpellier (“Inatysco”) and the User.By accepting the Terms of Use, the User certifies that it has the full capacity to bind itself or the Customer, to the Terms of Use.

Article 1. Definitions

All the terms defined below and beginning with a capital letter are used with the following meaning :
“Administrator”: means a User appointed by the Customer to manage the Customer’s Users’ accounts on the Inatysco Application.
“Terms of Use”: refers to the terms of use accepted at the time of the first connection to the Inatysco Application as well as its subsequent updates.
“Agreement”: means the General Terms and Conditions, the Terms of Use, and the Data Protection Agreement where applicable.
“Data”: means documents, files, information and data shared and/or received by a User through the Inatysco Application in the context of the Services.
“Inatysco Application”: means the program developed by Inatysco allowing Users to use the Services in accordance with the Terms of Use.
“Partner”: means a User with whom another User shares Data.
“Services”: means the services ordered by the Customer and provided by Inatysco in accordance with the Agreement. Details of the Services are available on the Website at the following address: https://www.inatysco.fr/boutique
“User”: means any individual using the Services on its own behalf or on behalf of a third party.

Article 2. Conditions of access to the Services

Where an account is required to access the Services, the User is solely responsible for the security of the usernames and passwords associated with its account and shall inform Inatysco promptly of any suspected theft or fraudulent use of a User’s passwords and usernames.Any action carried out using a User’s username and password will be deemed to have been carried out by that User, unless Inatysco is notified within a reasonable period of time of a suspected theft or fraudulent use of said username and password.

Article 3. Description of the Services

Subject to the Customer subscribing thereto, the User may access the following Services :

3.1 Data sharing services

Inatysco offers Users the ability to share Data with its Partners in an encrypted way, without Inatysco being able to decrypt the Data exchanged during this transfer. Inatysco shall have no access whatsoever to the Data in clear text. The User may send or receive Data :

• by using a connection code shared with the Partner by any means, the Data can only be downloaded if the User and the Partner are both simultaneously connected through the Inatysco Application;
or
• after the User has connected to a User Account, by indicating the Partner’s username on the Inatysco Application. The transfer of data can then be done synchronously with the two users being connected to each other through the Inatysco Application, or asynchronously, with the User being able to make a file available on a personal server space provided by Inatysco in the context of the Services if required.

During the sharing of data, the Customer and the Partner can communicate directly through the Inatysco Application by means of a dialogue box. Inatysco does not monitor, store or save the content of these communications.

3.2 Trustchain Service

The Trustchain Service enables the verification of the integrity of the transferred Data, without Inatysco being able to see the content of the exchange. This service is activated for all Users of the Inatysco Application. In the event of the termination of the agreement between Inatysco and a Customer with several User accounts, the Users affiliated to this Customer will no longer have access to the Trustchain service as of the date of termination of the agreement.

3.3 Partner Directory Management Service

This Service allows the users to manage the list of Partners with a User account in the form of a directory.

3.4 Data mining service hosted by third parties

This Service allows access to Data on remote storage spaces offered by Inatysco or by third party services. Inatysco cannot access the Data hosted in these third party spaces nor the User’s data or authentication information related to such third party services at any time.

3.5 Hosting service

Where Inatysco provides Data storage space, it uses reasonable efforts to ensure that the availability of such space is equal to at least 99% per calendar month.Periods of unavailability (i) occurring during maintenance and/or update operations, (ii) for which Inatysco is not exclusively responsible, (iii) shorter than five (5) consecutive minutes or (iv) due to a loss of connectivity or access caused by the User’s IT infrastructure, or such User’s actions or lack of action, will not be included in the calculation of the availability rate.

3.6 Helpdesk

If the Customer needs assistance or notices any anomalies, it can contact the Inatysco support service by email at the following address: service-client@inatysco.fr. Inatysco will take into account any request for assistance and will intervene, as soon as possible after the effective receipt of the request.

Article 4. Guarantees of the User

When using the Services, the User guarantees that it has all the rights to the shared Data. In particular, the Customer guarantees that the Data :

• does not infringe the rights of third parties, and in particular does not infringe their privacy or any of their personality rights;
• is not defamatory, insulting, outrageous, misleading or libellous to the detriment of any third party; does not constitute an act of counterfeiting, unfair competition or free-riding;
• does not incite the commission of any criminal offence ;
• does not contain any viruses, worms, Trojan horses or any other files or programs that may interrupt, destroy or limit the functionality of the Inatysco Application ;
• is not contrary to public policy and/or morality, and in particular is not liable to be the subject of criminal or administrative proceedings and/or convictions ;
• complies with all applicable legal provisions.

The User shall indemnify Inatysco against any claim, action or complaint by third parties (including employees of the Customer or Inatysco) as a result of the use of Data contrary to this article

Article 5. Protection of personal data

The User is informed that Inatysco will process its personal data in order to allow access to the Services and the Inatysco Application.For more information on the data processing carried out by Inatysco, the User can consult Inatysco’s privacy policy, which is available at the following address : https://www.inatysco.fr/wp-content/uploads/2022/10/privacy_policy.pdf

General terms and conditions of sale

These general terms and conditions (the “General Terms and Conditions”) are entered into between Inatysco, a simplified joint stock company, registered at the Montpellier Trade and Companies Registry under number 879 952 323, having its registered office at 22, avenue Saint Maurice de Sauret, 34000 Montpellier (“Inatysco”) and the customer subscribing to the services (the “Customer”).
The General Terms and Conditions apply to any subscription to services made on the https://www.inatysco.fr website (the “Website”).

Article 1. Definitions

All the terms defined below and beginning with a capital letter shall have the following meaning :

“Administrator”: means a User appointed by the Customer to manage the Customer’s Users’ accounts on the Inatysco Application.

“Terms of Use”: refers to the terms of use accepted at the time of the first connection to the Inatysco Application as well as its subsequent updates.

“Agreement”: means the General Terms and Conditions, the Terms of Use and the data protection agreement, if any.

“Customer”: refers to any individual or legal entity, having the status of a professional or consumer (as defined by the French Consumer Code), subscribing to the Services.

“Data”: means the documents, files, information and data shared and/or received by a User through the Inatysco Application in the context of the Services.

“Inatysco Application”: means the program developed by Inatysco allowing Users to access the Services in accordance with the Terms of Use.

“Partner”: means a User with whom another User shares Data.

“Services”: means the services ordered by the Customer and provided by Inatysco in accordance with the Agreement. Details of the Services are available on the Website at the following address : https://www.inatysco.fr/abonnement/abonnement-pro/

“User” means any individual using the Services on its own behalf or on behalf of a third party.

 

Article 2. Purpose

The Agreement sets out the conditions under which Inatysco authorises the Customer to use the Inatysco Application and the Services. The Customer shall comply with, and ensure compliance by its Users with, the Agreement throughout the term of the latter.

All services and offers of Inatysco are made exclusively on the basis of the Agreement, to the exclusion of the general conditions of the Customer.

 

Article 3. Duration – termination

The Agreement shall enter into effect on the date of validation of the payment of the Services by the Customer (the “Effective Date”) for one (1) month and will be tacitly renewed for successive periods of one (1) month.

The Customer may terminate the Agreement at any time (i) directly on the Website by following the instructions, and such termination shall take effect from the end of the current month, or (ii) by email to service-client@inatysco.fr, subject to seven (7) days’ notice. Termination will take effect at the end of the current month. Any month which has already started will be owed by the Customer.

In the event that one party should default on any of its obligations under the Agreement, and such default has not been remedied by the defaulting party within a period of ten (10) days from the date of written notification of this default made to it by the non-defaulting party by letter sent tracked with acknowledgement of receipt, then either one of the parties may terminate the Agreement, ipso jure, without any legal formalities and without prejudice to any claims for damages.

 

Article 4. Financial terms and conditions

The applicable financial terms are set out on the Website at: https://www.inatysco.fr/abonnement/abonnement-pro/.

Inatysco is entitled to verify the number of User accounts created by the Customer in order to ensure that the number of said accounts does not exceed the number of licences acquired from Inatysco. If the actual number of users is higher than the number of Users, then the Customer shall remedy the situation and pay the sums due for the additional licences.

Without prejudice to Article L.224-25-20 of the French Consumer Code, the Customer shall pay all sums due for the Services on the date of the order and waives the right to obtain a discount of the monies owing in the event of imperfect performance. There can be no repetition of the sums already paid to Inatysco in the event of the termination of the Agreement, whatever the cause thereof.

In the event of non-payment on the due date, Inatysco may automatically and without prior notice, apply late payment penalties, calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation increased by ten (10) percentage points, as well as a minimum indemnity of forty (40) euros for collection costs.

 

Article 5. Exclusion of the right of withdrawal

In accordance with the provisions of Article L.221-28 para.1 of the French Consumer Code, the Customer-consumer accepts that the Services are provided from the date of subscription and has thus expressly waived the right of withdrawal in order to benefit from the Services before the expiry of the withdrawal period of fourteen (14) days.

Article 6. Provision of Services

In accordance with the Agreement, Inatysco shall do what it can (obligation de moyens) to provide the Services. The Customer is aware thereof and accepts that Inatysco does not guarantee any results obtained from the Data, in particular as regards the quality or relevance of the Data.

Inatysco provides the Customer with the Inatysco Application and all its subsequent versions. Evolutionary maintenance operations are regularly carried out by Inatysco and the Customer automatically benefits from them within the framework of the updates and new versions of the Inatysco Application. Should there be any bugs or anomalies in the Inatysco Application, Inatysco shall carry out corrective maintenance services delivered via the latest version of the Inatysco Application and any corrections will be delivered as part of the updates and new versions.

 

Article 7. Guarantees

With the exception of the warranties expressly set out in the Agreement, all Services are provided “as is”. Inatysco makes no other warranties, whether express or implied, statutory or otherwise, and in particular, Inatysco makes no warranty as regards fitness for a particular purpose or for a specific need of the Customer. Inatysco does not warrant that the Services or the results obtained from their use will conform to the Customer’s expectations, will operate without interruption, will achieve an expected result, will be compatible or will operate with software, systems or other services, or will be secure, accurate, complete, free of harmful code or error-free.

Notwithstanding the foregoing, when the Customer is also a consumer, it shall benefit from the following guarantees :

 

Legal guarantee of conformity for digital services

Article L.224-25-12 of the French Consumer Code :

“The professional provider shall provide digital content or a digital service in accordance with the agreement and the criteria set out in Article L. 224-25-14 [of the French Consumer Code].

Where the contract provides for a one-off supply of the digital content or service, or a series of separate supplies, the professional provider shall be liable for any lack of conformity which existed at the time of such supply and which becomes apparent within two years thereof.

Where the contract provides for the digital content or service to be supplied on a continuous basis, the professional provider shall be liable for any lack of conformity which appears during the period in which it is supplied under the contract. In accordance with Article 2224 of the French Civil Code, the period of the guarantee of conformity applies subject to the limitation period of five (5) years from the time the consumer becomes aware of the lack of conformity.”

 

Guarantee in respect of hidden defects :

Article 1641 of the French Civil Code

“The seller is bound by the warranty as regards hidden defects in the item it has sold and which render it unfit for the purpose for which it was intended, or which so diminish such intended use that had the buyer been aware of such defects, it would not have acquired it, or would have paid less for it.”

 

Article 8. Liability

Inatysco shall not be held liable for any consequential damages whatsoever arising from the Services provided by it or the use of the Data by a Partner, including any loss of revenue, loss of profit, loss of opportunity or loss of clients or damage to its image.

Inatysco cannot be held responsible for any problems relating to issues with Internet connection, loss of network, non-receipt of an email or other restrictions or inability to access the Inatysco Application that are not under the control of Inatysco. Inatysco cannot be held responsible for the non-receipt of information in the event of an error on the part of the Customer and/or its Users, whether deliberate or not, in the provision of personal details for the purposes of registration and/or use of the Services.

In any case, the liability of Inatysco under the Agreement will be limited to the amount of the sums actually received by Inatysco from the Customer acting in its capacity as a professional entity during the contractual year preceding the event giving rise to its liability. The preceding provision does not apply to Customers with consumer status.

In addition, the Customer is obliged to take all reasonable measures to minimise any damage he may suffer as a result of a contractual breach by Inatysco.

The Customer with professional status may only invoke the liability of Inatysco during a period of six (6) months from the occurrence of the breach in question.

The parties shall not be held liable for any failure to fulfil any of their obligations under the Agreement which results from the occurrence of a force majeure event. Force majeure events include strikes or industrial disputes, the freezing of all means of transport or procurement, earthquakes, fires, storms, floods, power cuts, wars, attacks, riots, political instability, telecommunications failures and all cases of force majeure meeting the criteria accepted by the case law of the French courts.

 

Article 9. Intellectual property

The Inatysco Application, as well as all the elements composing it (such as brands, logos, computer programs, graphic charter, images, texts) are the exclusive property of Inatysco or have been granted to it. The Agreement does not imply any transfer of intellectual property rights of any kind in respect of the elements belonging to Inatysco. The Customer is prohibited from directly or indirectly infringing the intellectual property rights of Inatysco.

For the purposes of the Services and in consideration of the payment of the price for the Services provided on a fee-paying basis, Inatysco grants the Customer a non-exclusive, personal, non-assignable, non-transferable right to access the Inatysco Application, for the whole world and for the duration of the Agreement, for the sole purpose of using the Services, under the conditions and within the limits specified in the Agreement.

Whatever the circumstances, the Customer is prohibited from :

• copying or reproducing all or part of the Inatysco Application in any way whatsoever ;

• modifying, improving translating, adapting or arranging the Inatysco Application, or creating derivative works from all or part of the Inatysco Application, in any manner whatsoever ;

• marketing, distributing leasing, lending or sub-licensing the Inatysco Application, whether or not free of charge, and by any means ;

• correcting errors in all or part of the Inatysco Application ;

• decompiling or reverse engineering all or part of the Inatysco Application, in particular for interoperability purposes, without having first requested the necessary interoperability information from Inatysco.

Notwithstanding the foregoing, the Customer may authorise Users to use the Inatysco Application, for the sole purpose of using the Services, under the conditions and within limits specified in the Agreement, under a non-exclusive, personal, non-transferable and non-assignable sub-licence. The licences are personal and nominative.

 

Article 10. Confidentiality

Each party undertakes to keep all information communicated by the other party in the context of the performance of the Agreement strictly confidential. In particular, neither party shall disclose any confidential information as regards the other party to a third party, with the exception of its lawyers, employees and any subcontractors to the extent that such disclosure is necessary for the performance of the Services.

The obligation of confidentiality shall apply throughout the duration of the Agreement.

This obligation of confidentiality shall not apply to any information which :

• was already in the public domain or publicly known at the time of disclosure to the other party ;

• has or will become public subsequent to its disclosure to the other party through no act or omission on the part of the latter ;

• was lawfully obtained by the other party prior to disclosure ; or

• is developed independently by the other party without the use of, or reference to, the information disclosed in the context of the Agreement.

Notwithstanding the foregoing, the parties agree that Inatysco may disclose the Agreement to its counsel and to any third party contemplating a corporate action or merger/acquisition and their counsel and advisors, subject to a confidentiality obligation.

Article 11. Ownership of Data

The Customer is and shall remain the owner of its Data for the duration of the Agreement.

Article 12. Personal data

In the context of the performance of the General Terms and Conditions, Inatysco shall collect personal data concerning the Users. For more information on the processing of personal data, the User is invited to consult the privacy policy of Inatysco:
https://www.inatysco.fr/wp-content/uploads/2022/10/privacy_policy.pdf .When the Customer has the status of a professional, then it shall act as data controller of the Users’ personal data and Inatysco shall act as a data processor, as defined under the General Data Protection Regulation n°2016/679 (GDPR). As such, a data protection agreement in accordance with the provisions of Article 28 of the GDPR is appended to the General Terms and Conditions.Inatysco takes all the technical and organisational measures necessary to ensure the security of the Inatysco Application and the Website and to prevent a breach of the integrity, confidentiality and availability of the Data. Any security incident will lead to the triggering of a crisis team and the activation of an incident management procedure which shall be aimed, in particular, at containing the effects of the security incident, implementing those corrective measures which are adapted to the risks incurred, alerting the relevant authorities and the data subjects if necessary, and doing all things required to defend the rights of Inatysco.

Article 13. Miscellaneous

13.1. All notices by the Customer relating to the Agreement must be made in writing and sent to Inatysco by email (service-client@inatysco.fr) or by post to Inatysco’s registered office.

13.2. The Customer accepts that all correspondence and/or communication and/or transmission of information with Inatysco by electronic means are presumed to have the same probative force as a written hard-copy document.

13.3. The Customer agrees to be referred to in Inatysco’s commercial proposals, marketing documents and website and that Inatysco may reproduce its logo in connection with this communication.

13.4. Nothing in the Agreement shall create an agency, subordination or joint venture between the parties.

13.5. The fact that one of the parties delays in exercising one of its rights under the Agreement, or does not exercise it at all, shall not be interpreted as a waiver of the exercise of such right.

13.6. If any of the provisions of the Agreement are found to be null and void under a rule of law in force or a judicial decision that has become definitive, then, without resulting in the nullity of the Agreement or altering the validity of its other provisions, they shall be deemed to be unwritten.

13.7. The Agreement is entered into intuitu personae. Consequently, neither party may transfer the benefit of the Agreement to a third party without the prior written consent of the other party. Notwithstanding the foregoing, the Agreement is freely assignable or transferable by Inatysco to any entity in the context of a merger, demerger, acquisition, partial contribution of assets and more generally of a restructuring operation, subject to informing the Customer in writing of said transfer.

13.8. The Agreement is governed by French law. Unless otherwise provided by law, in the event of a dispute between the parties as regards the formation, interpretation, performance and/or termination of the Agreement, and only when the Customer has the status of a professional, the courts within the jurisdiction of the Montpellier Court of Appeal shall have jurisdiction, notwithstanding multiple defendants or third party proceedings, even for emergency procedures or protective procedures by way of summary proceedings or application.

13.9. For Clients who are consumers, the parties will attempt to reach an amicable agreement before any litigation. If no agreement is reached or if the Customer justifies having tried to resolve his dispute with Inatysco by a written complaint, an optional mediation procedure will be proposed, to be conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement. To initiate this mediation procedure, the Customer may contact the Inatysco mediator within a maximum of one (1) year from the date of the unsuccessful written complaint : service-mediation@inatysco.fr

The party wishing to initiate the mediation process must inform the other party in advance. The mediation process is not mandatory and either party may withdraw from the process at any time.

In the event that mediation fails or is not envisaged, the dispute which may have given rise to mediation shall be referred to the relevant jurisdiction.

13.10. Each party waives its right to pursue the performance of the obligations of the other party in kind and to perform them itself or to have them performed by a third party. Each party waives its right to suspend the performance of its obligations in the event of a default by the other party. This clause does not apply if the Customer is a consumer.

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