General terms and conditions of use
Last updated on
January 12, 2021
Important
It is expressly agreed that any use of the website www.specifyapp.com or chatbot and any access to any of its contents made for any reason whatsoever necessarily implies the acceptance without reservation and compliance by the user of these general terms and conditions of use. The user declares consequently to have read and taken knowledge of the general terms and condition of use.
In the event of reservations about or dispute concerning all or part of the provisions of these general terms and condition of use, the user acknowledge that he/she will no longer have the right to access the website, his/her account and more generally the contents of the website.
Article 1. Definitions
For the purposes of these general terms and conditions of use, the following terms have the definitions set out below, and other terms may be otherwise defined in these general terms and conditions of use.
"Chatbot": means the conversational agent that allows the User to obtain information about the Specify service. Specify uses a chatbot provided by the company "Intercom" on the Website.
"General Terms and conditions of Use" or "GTCU": means all the stipulations provided for in these terms and conditions, the purpose of which is to define the terms and rules of access to and use of the Website, as well as the information contained therein.
"Cookie(s)": means a text file that may be saved, subject to the User's choices, in a dedicated space on the hard disk of the User's Device, when consulting an online service using his/her browser software. A Cookie file allows its emitter to identify the Terminal in which it is registered, during the period of validity or saving of the Cookie.
"Personal Data": In the context of the policy on the use of Cookies, this expression refers to data relating to the User alone at a given time, regardless of the Device used.
"Browsing Information" or "Browsing": means information that relates to the connection of a Device to an electronic communication service at a given time. The Company (and/or authorized service providers and agents) may process Browsing Information, even if it does not necessarily know which Device the User is using, nor who the User is at any given time.
Browsing Information concerns, in particular:
IP (Internet Protocol) address of the Device connected to the Internet;
the date and time of connection of a Device to an electronic communication service;
the url (/Internet address) of the Internet page from which the Device accessing an electronic communication service comes ("referer");
the type of operating system used by the Device (Windows, MacOs, Linux, Unix, BeOS, etc.);
the type and version of Browser software used by a Device (Internet Explorer, Safari, Firefox, Chrome, Opera, etc.);
the language of the Browser software used by the Device;
the identifier and content of a Cookie file saved by the Company (and/or authorized service providers and agents) in the Device.
"Company": means the simplified joint stock company with a capital of 13,423.07 euros registered with the Trade and Companies Registry under number 838 002 996 whose registered office is located at 15, rue des Halles 75001 PARIS, whose legal representative is Mr. Valentin CHRETIEN.
"Website": refers to the website www.specifyapp.com.
"Device(s)": means the hardware equipment (computer, tablet, smartphone, telephone, etc.) that the User uses to consult or view a site, application, advertising content, etc.
"User(s)": means any user of the Website who is over 15 years of age.
Article 2. Purpose
These GTCU govern the terms and conditions of use of the Website and Chatbot by any User.
It is further specified that any purchase of services from the Company is governed by the Company's applicable general terms and conditions of sale.
Article 3. Use of the website
Access to the Website is via the Internet.
To use the Website, you must be at least 18 years of age and be legally capable of entering into contracts and using this Website in accordance with these GTCU.
The Company reserves the right to modify, correct or delete content or to temporarily interrupt the Website, in particular for maintenance purposes, at any time and without notice.
Article 4. Users' obligations
When using the Website, the User undertakes to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these GTCU.
Each User has the obligation:
To provide, if necessary, exact, sincere, up to date and complete information;
Not to divert the purpose of the Website to commit crimes, misdemeanors or contraventions punishable by law;
Not to use the information present on the Website directly or indirectly for commercial purposes;
Not to use the information present on the Website for use by a competitor site or by another site as comparator sites;
Not to denigrate the Website or the Company;
Not to attempt to divert Internet users to another site or a competitor; and more generally
Use the Website in accordance with the purpose described in these GTCU.
The Company reserves the right, at any time and at its sole discretion, to suspend or remove access to the Website to one or more Users and to take all measures against them, if the Company considers that such User(s) do not comply with the GTCU.
Article 5. Entry into force - duration
These GTCU are concluded for an indefinite period of time from the first access to the Website and for as long as they are applicable under the conditions specified in Article 6 below.
Article 6. Modification of the general terms and condition of use
The Company may change these GTCU at any time.
The new Terms and Conditions of Use shall come into force on the date of their publication on the Website, provided that the User has been informed of their publication online.
Continued use of the Website by the User thus informed, after the date of publication of the modified GTCU will be deemed to have been made by consenting to the new version of the GTCU.
Article 7. Personal data
The Company would like to remind its commitment to apply the obligations of the amended law 78-17 of January 6, 1978 relating to data processing, data files and liberties, the provisions of European Regulation 2016/679 of May 25, 2018 on data protection (hereinafter, the "GDPR", General Data Protection Regulation) and the ethical principles resulting therefrom with respect to personal information that the User may be required to communicate to it in the context of its Browsing on the Website or the use of the Chatbot.
The Privacy Policy, available at the following address, details the terms and conditions applicable to the collection and processing of Users' personal data on the Website and when using the Chatbot: Privacy Policy.
Article 8. Limitation of liability
The Company shall in no event be held liable for damages and indirect prejudice of any nature whatsoever resulting from any use of the Website by Users.
The Company makes every effort to ensure, to the best of its ability, the accuracy and updating of the information provided on the Website, the content of which it reserves the right to correct at any time and without notice.
The Website may contain links to other sites. As these websites are published and managed by third parties, and insofar as the Company has no control over the content published on these sites, the User undertakes not to take any legal action against the Company with respect to the content of these sites or their use.
The Company shall not be liable for any damages resulting from the use or inability to use the Website. The Company undertakes to use its best efforts to ensure that the Website and the Chatbot are available 24 hours a day, 7 days a week, without interruption other than those required for curative or ongoing maintenance. However, it does not guarantee permanent availability. The User may in no case seek the liability of the Company because of such malfunctions, anomalies, errors or interruptions of the Website or the Chatbot, even in the event that they would have had an involvement in the performance of services and / or would have caused him/her any harm whatsoever.
The Company shall in no event be liable for any malfunctions attributable to software, whether or not such software is incorporated into or provided with the Website.
Article 9. Intellectual property
Access to the Website confers on Users a right of personal and non-exclusive use of the Website.
All the elements present on the Website and the Website itself are protected by copyright, trademark, design and model rights and/or any other intellectual property right.
Elements means in a non-exhaustive manner: photographs, images, drawings, illustrations, texts, videos, logos, trademarks, models, software, etc.
These elements belong to the Company or are used with the consent of their owners.
No license, nor any right other than the right to consult the Website, is granted to anyone with regard to intellectual property rights.
Any reproduction, representation, use, adaptation, modification, incorporation, translation, commercialization, in part or in whole by any process and on any medium whatsoever (paper, digital, etc.) are prohibited without the prior written authorization of the Company, with the exception of the exceptions referred to in Article L 122.5 of the French Intellectual Property Code, under penalty of constituting an infringement of intellectual property rights.
Article 10. Force majeure
The Company offers no guarantee as to the uninterrupted operation and/or continuity of the Website in case of force majeure or fortuitous events as defined by the regulations in force, and by the jurisprudence of the French courts.
Article 11. Independence of the stipulations
If any of the provisions of these GTCU are declared null and void with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it shall be deemed to be unwritten, but shall not affect the validity of the other provisions, which shall remain fully applicable.
Article 12. Applicable law - jurisdiction
The present general terms and conditions are governed by French law.
In the event of a dispute arising from the present contractual relationship, and subject to the public policy provisions applicable in terms of jurisdiction, the jurisdiction of the Court of Appeal of Bobigny shall have sole jurisdiction to hear any possible dispute relating to the present GTCU.