Terms of Service

Last updated on April 30, 2019

Terms with capital letters have the meaning given to them in article 15 of these Terms of Use.

ARTICLE 1 – PURPOSE OF THE SERVICE

1.1. The purpose of these General Terms of Use is to define the conditions under which we advocacy provides the Service during the Trial Period, this Service being intended to be used in addition to G Suite (™) applications or services, Office 365 ( ™) or Outlook (™) otherwise subscribed by the Customer.
Any subscription to the Service implies the unreserved acceptance of these Terms of Use, which prevail over any other document of the Customer.
1.2. The software, platform and hosting that allows we advocacy to provide the Service to the Customer is hosted by Google on the Google Cloud Platform (™) and is therefore subject to the Google Cloud Platform Terms of Service: the Service is accordingly provided by we advocacy within the limits of the Google Cloud Platform Terms of Service, which the Customer acknowledges and accepts.
1.3. Customer Data is temporarily hosted by Google on the Google Cloud Platform (™) by we advocacy for the purpose of running the Service.
1.4. The use of the Service is governed by these Terms of Use, as well as any other terms and conditions applicable to the Service and mentioned by these Terms of Use.
1.5. The person subscribing to the Service in accordance with Article 1.2 guarantees that he / she has full powers to bind the Customer and conclude the Agreement on behalf of the Client and on his behalf.
1.6. The Customer declares that he uses the Service only for professional purposes.

ARTICLE 2 – ACCESS TO SERVICE

2.1. Access to the Service is limited to legal persons.
2.2. Any subscription to the Service by the Customer is made directly to we advocacy, through its website.
2.3. Once the fields identified as mandatory on the registration form entered, an account will be opened in the name of the Customer, accessible via the username and password that it has chosen, according to the security criteria set up by we advocacy. The Customer will then be able to log in to his account to modify his parameters. The Customer may use the Service upon validation of all fields indicated as mandatory.
2.4. The Customer determines the number of Administrator accounts that can be created and sets the access restrictions for each Administrator. The Customer may then create multiple User Accounts for his employees from these Administrator accounts. Each Client User is identified by an e-mail address, which must be active and dedicated to his professional activity, and a password. An e-mail with the access codes will be sent automatically to each User.
2.5. Each User is responsible for the confidentiality of his password and undertakes not to communicate it to third parties, which the Customer is doing well. In case of loss or theft of the latter, the Customer undertakes to inform we advocacy as soon as possible. In any event, the Customer will be fully and solely responsible for any damages that may result, the responsibility for we advocacy can not be engaged in this respect.

ARTICLE 3 – USERS

3.1. The Customer shall be responsible for Users’ use of the Service in accordance with the Agreement and its legal and regulatory obligations, and for any actions, data or processing recorded or performed by Users through the Service. we advocacy can not be held responsible for any use of the Service by the Customer or the Users in violation of their legal and regulatory obligations.
3.2. we advocacy may terminate access to the Service by a User in the event of use of the Service by that User who does not comply with the Contract or the applicable legal or regulatory provisions.

ARTICLE 4 – RIGHTS OF USE

4.1. we advocacy hereby grants to the Customer the right to use the Service in a non-exclusive manner for its own needs, in accordance with the Contract, for the whole world and for a period of 7 days from the activation of the Service, as free. The rights of use on the Service are strictly limited to those expressly provided for in the Agreement and all other rights are expressly reserved by we advocacy.
4.2. The Customer agrees to use the Service under the conditions provided for by applicable laws and regulations, including laws and regulations applicable to data transfers, technologies or software.
4.3. The Customer is not authorized, under the terms hereof, without the prior agreement of we advocacy, to:
a. perform any temporary or permanent reproduction of all or part of the Service, by any means whatsoever, the Customer Data not being considered as all or part of the Service;
b. assign, rent, sublicense or distribute the Service free of charge or in any way whatsoever;
c. use the Service and / or merge all or part of the Service into other computer programs;
d. translate, adapt, arrange or modify the Service, decompile, disassemble, reverse engineer or attempt to perform the work, analyze it in particular for the purpose of creating an application or similar software, except to the extent permitted by the applicable law;
e. correct or cause a third party to correct any anomaly or error of the Service, we advocacy reserving this right alone (without being obliged to do so).
4.4. It is the responsibility of the Customer to ensure, under his responsibility, that he has the technical prerequisites necessary for the proper functioning of the Service, as indicated in the Technical Configuration. we advocacy declines any responsibility in case of non-respect of these technical prerequisites. In any case, the Customer remains responsible for his computer environment and the compatibility of his equipment with the use of the Service.

ARTICLE 5 – Updates

5.1. we advocacy may propose updates to the Service, which will be automatically integrated into the Service, which the Customer expressly accepts.
5.2. we advocacy undertakes to set up and maintain an online assistance service (by email, telephone or chat) reserved for Customers, available from Monday to Friday, from 9 am to 6 pm, except holidays and periods of holidays.
5.3. we advocacy undertakes, except in the event of disruption of external service providers or suppliers, to do its utmost to provide Customers with a right to access and use the Service. It is understood that we advocacy can in no way be held responsible for a malfunction of the Internet network for any duration and for whatever reason and nature. Any prejudice resulting from such interruption or unavailability of the Service can not engage the responsibility of we advocacy.

ARTICLE 6 – Intellectual Property

6.1. The Customer acknowledges that we advocacy is and remains sole owner of all intellectual property rights covering the Service made available to the Customer. All intellectual property rights in the Service remain the property of we advocacy. The Customer acquires no intellectual property rights over the Service and only has the rights of use stipulated in Article 4.
6.2. The Customer is prohibited from deleting, removing or modifying any mention of ownership, including any mark or indication of copyright, on the Service or the elements contained in the Service or the Documentation.

ARTICLE 7 – Liability – Warranty

7.1. we advocacy is committed to providing its best efforts so that the Service operates satisfactorily. However, we advocacy is held, in this respect, to an obligation of means and not of result, we advocacy offering no guarantee of continuity of the Service.
7.2. In particular, we advocacy reserves the right to temporarily interrupt the accessibility of the Service for maintenance, curative and / or evolutionary reasons. However, we advocacy is committed to making its best efforts to minimize downtime.
7.3. No guarantee will be due by we advocacy and the Customer can not claim any penalty or damage-interest in case of:
a. non-compliance by the Customer with the Technical Configuration,
b. force majeure as defined in Article 15,
c. malfunction or unavailability of Customer’s equipment or software,
d. malfunction or unavailability of third-party equipment or software used by the Customer,
e. use of the Service not in accordance with the Contract
f. failure of the internet network.
7.4. we advocacy does not warrant that the Service will work with any product, hardware and / or software not provided by we advocacy and Google. It is up to the Customer to define under his responsibility his needs and to verify that the Service is adapted to it, given the objectives he pursues and the hardware and software he uses. The Client must ensure that he has the necessary competence and qualified and trained personnel to:
a. evaluating the service’s compliance with its needs and expectations,
b. use the Service
c. implement the necessary organizational measures to anticipate and facilitate the installation and use of the Service.
7.5. we advocacy makes no other warranties, express, implied or statutory, with respect to the Service, including any other warranties of conformance, quality, merchantability or fitness for a particular purpose. we advocacy does not warrant that the Service will meet the Customer’s needs or that the Service will operate uninterrupted or be free of errors, defects or hidden defects.
7.6. Backup of Customer Data is not included in the Service. Hosting of the Service and Customer Data is provided by Google through the Google Cloud Platform (™). As a result, we advocacy can not be held responsible in the event of total or partial degradation of the Customer Data or in the event of service interruption due to malfunction or interruption of service on the Google Cloud Platform (™). If the Customer considers that the terms of the data offered by Google for the Google Cloud Platform (™) are unsatisfactory, the Customer shall take all necessary steps to safeguard the Customer Data and protect itself from a possible interruption of operations or loss of data generated by the use of the Service.
7.7. We advocacy can not be held responsible in the event of non-compliance by the Customer with the legal and regulatory provisions applicable to it, in particular as regards social rights or the right to personal data.

ARTICLE 8 – Limitation of Liability

8.1. The responsibility for we advocacy shall be limited to only material damage directly caused to the Customer as a result of proven misconduct attributable to we advocacy. we advocacy can not be held liable, to the fullest extent permitted by law, for any indirect or immaterial damages, such as any loss of anticipated or existing contracts, loss of profits, income, exploitation, savings, any data, product supply costs, technologies or replacement services, or any loss resulting from a claim or action by a third party.
8.2. No action can be brought against we advocacy in connection with the Contract on the expiry of a period of one year after the occurrence of the chargeable event at the origin of the action.

ARTICLE 9 – Personal data

9.1. The Customer is solely responsible for the processing of personal data relating to the Customer Data and processed through the Service, of which he remains the exclusive owner, and must therefore comply with any applicable law and regulation related to the processing of such data, including in France, the Data Protection Act No. 78-17 of 6 January 1978 (the “Data Protection Act”) and the General Regulation on the Protection of Personal Data No. 2016/679 (the “RGPD”). We advocacy, within the framework of the Service, acts solely as a subcontractor of personal data. It is reminded that the Customer shall, without limitation, duly inform the persons whose data will be processed or, where appropriate, obtain their consent.
9.2. we advocacy may process the personal data contained in the Customer Data for the purposes of performing the Service as the Client’s subcontractor. we advocacy will only do so on Customer’s instructions, provided that they are compatible with the performance of the Service. we advocacy will, as a subcontractor, take all necessary precautions, in view of the nature of the data and the risks presented by the processing, to preserve the security of the Data and, in particular, to prevent them from being deformed, damaged, or that unauthorized third parties have access to it. The list of measures put in place by we advocacy, audited and regularly updated, may be provided upon request of the Client.
9.3. we advocacy undertakes not to communicate the Customer Data provided by the Customer to any third party except those to whom it is strictly necessary to transmit the Data as part of the execution of the Service, as long as they are expressly brought to the attention of the Customer. Customer’s knowledge and subject to an obligation of confidentiality. We advocacy undertakes to make no transfer of Customer Data outside the European Union, except to a third country having an adequate level of protection in the sense of the supervisory authorities or to a subcontractor authorized by the Customer. Use of the Service implies the express acceptance, for the purposes of the execution of the Service, that the Customer Data may be processed in whole or in part by Google Ireland Limited, through the Google Cloud Platform (™ ) located in Europe. The protection of this Data is provided under the conditions provided by the Google Cloud Platform Terms of Service.
9.4. In case of breach of Customer Data in the framework of the contractual relationship with we advocacy, we advocacy undertakes to alert the Customer as soon as possible, in order to enable it to make any necessary notifications to the CNIL and / or people
concerned, and will assist the Customer to this end.
9.5. The Customer is solely responsible for the processing of requests for rights of access, rectification, limitation, deletion, portability and opposition that may be exercised by the persons concerned. The Customer is obliged to inform timely we advocacy of these requests, so that
we advocacy is able to take them into account. When such a request is made to we advocacy, we advocacy undertakes to inform the Customer of this request without delay.
In any case, we advocacy undertakes to cooperate with the Customer and to make his best efforts to help him to comply with the legal requirements relating to the protection of personal data incumbent upon him in order to respect the rights people
concerned.
9.6 The Customer undertakes to take all necessary measures to prevent any damage resulting for him from an infringement of his Customer Data. The latter is obliged in particular to ensure a regular backup of its Customer Data in accordance with the current state of the art.
9.7 we advocacy will delete the Data within 15 days of the expiry of the Trial Period, unless this Trial Period is followed by an Order, in which case the applicable Data processing conditions will be those provided by the General Conditions of Sale.
9.8. we advocacy can not be held responsible for the processing, by the Customer, of personal data processed through the Service. The Customer therefore undertakes to defend and indemnify we advocacy against any cost, prejudice, loss or damage (including legal fees and court costs), including in the event of a claim or action on the part of third parties (in particular persons whose personal data are processed) arising from or in connection with the processing of such personal data by we advocacy in accordance with the instructions of the Client.
9.9. we advocacy will use, as data controller, the personal data of the Customer Contact or the person in charge of the payment of the Services on behalf of the Customer, for the purposes of the management of the Contract, the execution of the Services and the promotion of other services or products by we advocacy. These data are intended for the commercial, administrative and technical services of we advocacy and may be communicated by we advocacy to its payment service providers, subcontractors and suppliers. In accordance with the Data Protection Act, the persons whose data are processed have the right to access and correct information concerning them with we advocacy. They may also oppose the processing of their data by we advocacy, for legitimate reasons, it being understood that, in this case, the Service can not be provided under the conditions provided for in the Contract.

ARTICLE 10 – Duration and Termination

10.1. The Contract will take effect on the Activation Date, for the Trial Period, if such Trial Period.
10.2. The Agreement will automatically terminate or be suspended upon termination or suspension, for any reason, of any services provided by Google allowing the Service to operate, whether such services are provided to Customer or we advocacy, including, without limitation it
or limiting, in the event that Google modifies or prevents access to the Service, provisionally or permanently.
10.3. All of the rights and obligations of the parties hereunder shall terminate on the date of termination or expiration of the Agreement, except those provisions which, by their nature, must survive termination or expiration.

ARTICLE 11 – Confidentiality

11.1. For the purposes of this clause, “Confidential Information” means any information relating to the parties or their activity including any commercial, financial, marketing and technical information, any information relating to an intellectual property right, idea, concept, technology, process and know-how, any information relating to research and development, as well as the Contract and any information obtained in connection with the Contract.
11.2. Each party shall maintain confidentiality, use only for the purpose of the Contract and not communicate to any third party without the prior consent of the other party having disclosed any Confidential Information, unless the information was:
a. public domain at the date of its communication,
b. in possession of the receiving party for the acquisition of a third party having
validly communicated without being in breach of an obligation of confidentiality,
c. to communicate to a third party by the imperative effect of a law, a court decision or a decision emanating from a competent public authority, provided that the receiving party has informed the disclosing party in advance, in wherever possible so that the latter can protect its interests.
11.3. To the extent necessary for the performance of this Agreement, each party may disclose the Confidential Information to its employees or subcontractors, subject to informing them of its confidentiality obligations under the Agreement and obtaining from them commitment to respect these obligations.
11.4. This confidentiality clause will be applicable for the duration of the Trial Period and as long as the Confidential Information has not fallen into the public domain, and in any case for a period of five years after the termination or the cancellation. expiration of the Contract.

ARTICLE 12 – Force majeure

12.1. There is force majeure where an event beyond the control of the parties, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which can not be avoided by appropriate measures, prevents the performance of its obligation by the debtor . The following events are considered to be force majeure: natural disasters, fires, floods, epidemics, wars, riots, civil unrest, strikes (even if these strikes affect we advocacy personnel), any limitation in speed or the capabilities of any telecommunication equipment or network used with the Service, or modification of export or import regulations.
12.2. In such a case, the party directly affected by the impediment of performance of its obligations, is obliged to notify the other party immediately in writing and undertakes to provide, within ten (10) days from the date of notification, the proof of force majeure.
12.3. If the impediment is temporary, the performance of the obligation is suspended unless the delay resulting therefrom justifies the termination of the contract. If the impediment is final, the contract is automatically settled and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

ARTICLE 13 – General

13.1 Neither party may assign, sublicense or sublicense the rights or obligations under this Agreement, even in the event of a merger, split or universal transfer of assets.
13.2. we advocacy may assign or bring this Agreement (including by merger, split or universal transfer of assets) to any Affiliated Company.
13.3. we advocacy may subcontract all or part of its obligations under the Contract, it being understood that it will remain responsible for the performance of such obligations by the subcontractor.
13.4. This Agreement contains the entire agreement of the parties in connection with the subject matter hereof and supersedes any previous agreement, oral or written.
13.5 If any of the stipulations of the Contract are declared void or ineffective in any manner whatsoever and for any reason whatsoever, this shall not affect the validity of the other stipulations of the Contract and the parties shall consult each other in order to replace the stipulation null or ineffective by another stipulation having an economic effect as close as possible.
13.6. Failure of any of the parties to exercise any right, power or privilege hereunder in this Agreement shall not be deemed to constitute a waiver of such right, power or privilege may be exercised at any time.

ARTICLE 14 – Applicable Law and Jurisdiction

14.1. The Contract is subject to French law.
14.2. Any dispute arising from the formation, interpretation, execution or termination of these General Terms and Conditions of Sale for any reason whatsoever shall be the subject of an attempt at conciliation.
In the absence of amicable settlement after the expiry of a period of ten (10) days from the written request of the most diligent party, the dispute shall be submitted to mediation between the parties. This procedure is confidential. The mediation will be implemented before a single mediator belonging to the Paris Mediation and Arbitration Center. The parties will submit to the rules of this mediation center, which will appoint the mediator who will organize the mediation. The attempt to mediate shall be made in good faith and the parties agree, in this spirit, to meet at least once under the aegis of the mediator. In the absence of agreement to the contrary by the parties, the mediation shall not be extended beyond a period of two (2) months from the referral of the mediator. The costs and fees of the mediation will be borne by half of each party. Each party shall bear the costs and fees of any advice they may designate as part of the mediation.
In the event of failure of the mediation, each party will regain his freedom to seize the Paris Commercial Court, to which the parties entrust exclusive competence.
The foregoing stipulations shall not, however, prevent the parties from taking, in any competent court, any provisional or conservatory measures necessary for the preservation of their mutual interests.

ARTICLE 15 – Definitions

1. In addition to those defined elsewhere in the Contract, terms beginning with a capital letter will have
the following meaning:
● “Customer” means any entity that has subscribed to a Trial Period for the use of the Service.
● “Technical Configuration” means the technical configuration that the Customer must have for the Service to function properly, accessible at the following address:
● “Customer Contact” means the contact person for we advocacy at the Customer, as designated by the latter.
● “Agreement” means the contract between us advocacy and the Customer consisting of these Terms of Use and any other terms and conditions to which these Terms of Use refer.
● “we advocacy” means we advocacy, a simplified joint-stock company with a capital of € 10,000, with its registered office at 3, rue Diodore Rahoult, 38 000 Grenoble, France, identified under the number RCS GRENOBLE 833 963 069.
● “Customer Data” means data (including personal data), content, information recorded, generated, transmitted or displayed by the Customer or Users through the Service, as well as the personal data of Users.
● “Third Party Software”: any software belonging to a third party that is integrated or interacts with the Service.
● “Open Source Elements” means any elements, programs or components integrated into the Service and placed under a free open source license, under the terms of an open source license approved by the Open Source Initiative.
● “Google” means the Google Group entity with which the Customer subscribed to G Suite (™).
● “Microsoft” means the entity of the Microsoft group with which the Customer has subscribed to Office 365 (™) or the Outlook Messaging client.
● “Office 365 (™)” means computer applications that Microsoft provides to end users that may be interoperable with the Service from time to time. This suite includes the Outlook messaging tool.
● “Outlook (™)” A messaging tool Microsoft provides to end users that is interoperable.
● “G Suite (™)” Computer applications that Google provides to end-users that may be interoperable with the Service from time to time. This suite includes Google Drive, Gmail and / or Google Docs.
● “Google Cloud Platform (™)” means the hosting platform operated by Google in accordance with the Google Cloud Platform Terms of Service.
● “Google Cloud Platform Terms of Service” means the terms and conditions applicable to services provided by Google on the Google Cloud Platform, available at https://cloud.google.com/terms/.
● “Service” means any application or service published by we advocacy subscribed through an Order, and more fully described in the Documentation or on the website we advocacy.
● “User (s)” means the Customer’s authorized natural persons authorized by the Customer to use the Service.
● “Administrator (s)” means the natural persons authorized by the Customer to administer the Service.

Terms of Service

Last updated on April 30, 2019

Terms with capital letters have the meaning given to them in article 15 of these Terms of Use.

ARTICLE 1 – PURPOSE OF THE SERVICE

1.1. The purpose of these General Terms of Use is to define the conditions under which we advocacy provides the Service during the Trial Period, this Service being intended to be used in addition to G Suite (™) applications or services, Office 365 ( ™) or Outlook (™) otherwise subscribed by the Customer.
Any subscription to the Service implies the unreserved acceptance of these Terms of Use, which prevail over any other document of the Customer.
1.2. The software, platform and hosting that allows we advocacy to provide the Service to the Customer is hosted by Google on the Google Cloud Platform (™) and is therefore subject to the Google Cloud Platform Terms of Service: the Service is accordingly provided by we advocacy within the limits of the Google Cloud Platform Terms of Service, which the Customer acknowledges and accepts.
1.3. Customer Data is temporarily hosted by Google on the Google Cloud Platform (™) by we advocacy for the purpose of running the Service.
1.4. The use of the Service is governed by these Terms of Use, as well as any other terms and conditions applicable to the Service and mentioned by these Terms of Use.
1.5. The person subscribing to the Service in accordance with Article 1.2 guarantees that he / she has full powers to bind the Customer and conclude the Agreement on behalf of the Client and on his behalf.
1.6. The Customer declares that he uses the Service only for professional purposes.

ARTICLE 2 – ACCESS TO SERVICE

2.1. Access to the Service is limited to legal persons.
2.2. Any subscription to the Service by the Customer is made directly to we advocacy, through its website.
2.3. Once the fields identified as mandatory on the registration form entered, an account will be opened in the name of the Customer, accessible via the username and password that it has chosen, according to the security criteria set up by we advocacy. The Customer will then be able to log in to his account to modify his parameters. The Customer may use the Service upon validation of all fields indicated as mandatory.
2.4. The Customer determines the number of Administrator accounts that can be created and sets the access restrictions for each Administrator. The Customer may then create multiple User Accounts for his employees from these Administrator accounts. Each Client User is identified by an e-mail address, which must be active and dedicated to his professional activity, and a password. An e-mail with the access codes will be sent automatically to each User.
2.5. Each User is responsible for the confidentiality of his password and undertakes not to communicate it to third parties, which the Customer is doing well. In case of loss or theft of the latter, the Customer undertakes to inform we advocacy as soon as possible. In any event, the Customer will be fully and solely responsible for any damages that may result, the responsibility for we advocacy can not be engaged in this respect.

ARTICLE 3 – USERS

3.1. The Customer shall be responsible for Users’ use of the Service in accordance with the Agreement and its legal and regulatory obligations, and for any actions, data or processing recorded or performed by Users through the Service. we advocacy can not be held responsible for any use of the Service by the Customer or the Users in violation of their legal and regulatory obligations.
3.2. we advocacy may terminate access to the Service by a User in the event of use of the Service by that User who does not comply with the Contract or the applicable legal or regulatory provisions.

ARTICLE 4 – RIGHTS OF USE

4.1. we advocacy hereby grants to the Customer the right to use the Service in a non-exclusive manner for its own needs, in accordance with the Contract, for the whole world and for a period of 7 days from the activation of the Service, as free. The rights of use on the Service are strictly limited to those expressly provided for in the Agreement and all other rights are expressly reserved by we advocacy.
4.2. The Customer agrees to use the Service under the conditions provided for by applicable laws and regulations, including laws and regulations applicable to data transfers, technologies or software.
4.3. The Customer is not authorized, under the terms hereof, without the prior agreement of we advocacy, to:
a. perform any temporary or permanent reproduction of all or part of the Service, by any means whatsoever, the Customer Data not being considered as all or part of the Service;
b. assign, rent, sublicense or distribute the Service free of charge or in any way whatsoever;
c. use the Service and / or merge all or part of the Service into other computer programs;
d. translate, adapt, arrange or modify the Service, decompile, disassemble, reverse engineer or attempt to perform the work, analyze it in particular for the purpose of creating an application or similar software, except to the extent permitted by the applicable law;
e. correct or cause a third party to correct any anomaly or error of the Service, we advocacy reserving this right alone (without being obliged to do so).
4.4. It is the responsibility of the Customer to ensure, under his responsibility, that he has the technical prerequisites necessary for the proper functioning of the Service, as indicated in the Technical Configuration. we advocacy declines any responsibility in case of non-respect of these technical prerequisites. In any case, the Customer remains responsible for his computer environment and the compatibility of his equipment with the use of the Service.

ARTICLE 5 – Updates

5.1. we advocacy may propose updates to the Service, which will be automatically integrated into the Service, which the Customer expressly accepts.
5.2. we advocacy undertakes to set up and maintain an online assistance service (by email, telephone or chat) reserved for Customers, available from Monday to Friday, from 9 am to 6 pm, except holidays and periods of holidays.
5.3. we advocacy undertakes, except in the event of disruption of external service providers or suppliers, to do its utmost to provide Customers with a right to access and use the Service. It is understood that we advocacy can in no way be held responsible for a malfunction of the Internet network for any duration and for whatever reason and nature. Any prejudice resulting from such interruption or unavailability of the Service can not engage the responsibility of we advocacy.

ARTICLE 6 – Intellectual Property

6.1. The Customer acknowledges that we advocacy is and remains sole owner of all intellectual property rights covering the Service made available to the Customer. All intellectual property rights in the Service remain the property of we advocacy. The Customer acquires no intellectual property rights over the Service and only has the rights of use stipulated in Article 4.
6.2. The Customer is prohibited from deleting, removing or modifying any mention of ownership, including any mark or indication of copyright, on the Service or the elements contained in the Service or the Documentation.

ARTICLE 7 – Liability – Warranty

7.1. we advocacy is committed to providing its best efforts so that the Service operates satisfactorily. However, we advocacy is held, in this respect, to an obligation of means and not of result, we advocacy offering no guarantee of continuity of the Service.
7.2. In particular, we advocacy reserves the right to temporarily interrupt the accessibility of the Service for maintenance, curative and / or evolutionary reasons. However, we advocacy is committed to making its best efforts to minimize downtime.
7.3. No guarantee will be due by we advocacy and the Customer can not claim any penalty or damage-interest in case of:
a. non-compliance by the Customer with the Technical Configuration,
b. force majeure as defined in Article 15,
c. malfunction or unavailability of Customer’s equipment or software,
d. malfunction or unavailability of third-party equipment or software used by the Customer,
e. use of the Service not in accordance with the Contract
f. failure of the internet network.
7.4. we advocacy does not warrant that the Service will work with any product, hardware and / or software not provided by we advocacy and Google. It is up to the Customer to define under his responsibility his needs and to verify that the Service is adapted to it, given the objectives he pursues and the hardware and software he uses. The Client must ensure that he has the necessary competence and qualified and trained personnel to:
a. evaluating the service’s compliance with its needs and expectations,
b. use the Service
c. implement the necessary organizational measures to anticipate and facilitate the installation and use of the Service.
7.5. we advocacy makes no other warranties, express, implied or statutory, with respect to the Service, including any other warranties of conformance, quality, merchantability or fitness for a particular purpose. we advocacy does not warrant that the Service will meet the Customer’s needs or that the Service will operate uninterrupted or be free of errors, defects or hidden defects.
7.6. Backup of Customer Data is not included in the Service. Hosting of the Service and Customer Data is provided by Google through the Google Cloud Platform (™). As a result, we advocacy can not be held responsible in the event of total or partial degradation of the Customer Data or in the event of service interruption due to malfunction or interruption of service on the Google Cloud Platform (™). If the Customer considers that the terms of the data offered by Google for the Google Cloud Platform (™) are unsatisfactory, the Customer shall take all necessary steps to safeguard the Customer Data and protect itself from a possible interruption of operations or loss of data generated by the use of the Service.
7.7. We advocacy can not be held responsible in the event of non-compliance by the Customer with the legal and regulatory provisions applicable to it, in particular as regards social rights or the right to personal data.

ARTICLE 8 – Limitation of Liability

8.1. The responsibility for we advocacy shall be limited to only material damage directly caused to the Customer as a result of proven misconduct attributable to we advocacy. we advocacy can not be held liable, to the fullest extent permitted by law, for any indirect or immaterial damages, such as any loss of anticipated or existing contracts, loss of profits, income, exploitation, savings, any data, product supply costs, technologies or replacement services, or any loss resulting from a claim or action by a third party.
8.2. No action can be brought against we advocacy in connection with the Contract on the expiry of a period of one year after the occurrence of the chargeable event at the origin of the action.

ARTICLE 9 – Personal data

9.1. The Customer is solely responsible for the processing of personal data relating to the Customer Data and processed through the Service, of which he remains the exclusive owner, and must therefore comply with any applicable law and regulation related to the processing of such data, including in France, the Data Protection Act No. 78-17 of 6 January 1978 (the “Data Protection Act”) and the General Regulation on the Protection of Personal Data No. 2016/679 (the “RGPD”). We advocacy, within the framework of the Service, acts solely as a subcontractor of personal data. It is reminded that the Customer shall, without limitation, duly inform the persons whose data will be processed or, where appropriate, obtain their consent.
9.2. we advocacy may process the personal data contained in the Customer Data for the purposes of performing the Service as the Client’s subcontractor. we advocacy will only do so on Customer’s instructions, provided that they are compatible with the performance of the Service. we advocacy will, as a subcontractor, take all necessary precautions, in view of the nature of the data and the risks presented by the processing, to preserve the security of the Data and, in particular, to prevent them from being deformed, damaged, or that unauthorized third parties have access to it. The list of measures put in place by we advocacy, audited and regularly updated, may be provided upon request of the Client.
9.3. we advocacy undertakes not to communicate the Customer Data provided by the Customer to any third party except those to whom it is strictly necessary to transmit the Data as part of the execution of the Service, as long as they are expressly brought to the attention of the Customer. Customer’s knowledge and subject to an obligation of confidentiality. We advocacy undertakes to make no transfer of Customer Data outside the European Union, except to a third country having an adequate level of protection in the sense of the supervisory authorities or to a subcontractor authorized by the Customer. Use of the Service implies the express acceptance, for the purposes of the execution of the Service, that the Customer Data may be processed in whole or in part by Google Ireland Limited, through the Google Cloud Platform (™ ) located in Europe. The protection of this Data is provided under the conditions provided by the Google Cloud Platform Terms of Service.
9.4. In case of breach of Customer Data in the framework of the contractual relationship with we advocacy, we advocacy undertakes to alert the Customer as soon as possible, in order to enable it to make any necessary notifications to the CNIL and / or people
concerned, and will assist the Customer to this end.
9.5. The Customer is solely responsible for the processing of requests for rights of access, rectification, limitation, deletion, portability and opposition that may be exercised by the persons concerned. The Customer is obliged to inform timely we advocacy of these requests, so that
we advocacy is able to take them into account. When such a request is made to we advocacy, we advocacy undertakes to inform the Customer of this request without delay.
In any case, we advocacy undertakes to cooperate with the Customer and to make his best efforts to help him to comply with the legal requirements relating to the protection of personal data incumbent upon him in order to respect the rights people
concerned.
9.6 The Customer undertakes to take all necessary measures to prevent any damage resulting for him from an infringement of his Customer Data. The latter is obliged in particular to ensure a regular backup of its Customer Data in accordance with the current state of the art.
9.7 we advocacy will delete the Data within 15 days of the expiry of the Trial Period, unless this Trial Period is followed by an Order, in which case the applicable Data processing conditions will be those provided by the General Conditions of Sale.
9.8. we advocacy can not be held responsible for the processing, by the Customer, of personal data processed through the Service. The Customer therefore undertakes to defend and indemnify we advocacy against any cost, prejudice, loss or damage (including legal fees and court costs), including in the event of a claim or action on the part of third parties (in particular persons whose personal data are processed) arising from or in connection with the processing of such personal data by we advocacy in accordance with the instructions of the Client.
9.9. we advocacy will use, as data controller, the personal data of the Customer Contact or the person in charge of the payment of the Services on behalf of the Customer, for the purposes of the management of the Contract, the execution of the Services and the promotion of other services or products by we advocacy. These data are intended for the commercial, administrative and technical services of we advocacy and may be communicated by we advocacy to its payment service providers, subcontractors and suppliers. In accordance with the Data Protection Act, the persons whose data are processed have the right to access and correct information concerning them with we advocacy. They may also oppose the processing of their data by we advocacy, for legitimate reasons, it being understood that, in this case, the Service can not be provided under the conditions provided for in the Contract.

ARTICLE 10 – Duration and Termination

10.1. The Contract will take effect on the Activation Date, for the Trial Period, if such Trial Period.
10.2. The Agreement will automatically terminate or be suspended upon termination or suspension, for any reason, of any services provided by Google allowing the Service to operate, whether such services are provided to Customer or we advocacy, including, without limitation it
or limiting, in the event that Google modifies or prevents access to the Service, provisionally or permanently.
10.3. All of the rights and obligations of the parties hereunder shall terminate on the date of termination or expiration of the Agreement, except those provisions which, by their nature, must survive termination or expiration.

ARTICLE 11 – Confidentiality

11.1. For the purposes of this clause, “Confidential Information” means any information relating to the parties or their activity including any commercial, financial, marketing and technical information, any information relating to an intellectual property right, idea, concept, technology, process and know-how, any information relating to research and development, as well as the Contract and any information obtained in connection with the Contract.
11.2. Each party shall maintain confidentiality, use only for the purpose of the Contract and not communicate to any third party without the prior consent of the other party having disclosed any Confidential Information, unless the information was:
a. public domain at the date of its communication,
b. in possession of the receiving party for the acquisition of a third party having
validly communicated without being in breach of an obligation of confidentiality,
c. to communicate to a third party by the imperative effect of a law, a court decision or a decision emanating from a competent public authority, provided that the receiving party has informed the disclosing party in advance, in wherever possible so that the latter can protect its interests.
11.3. To the extent necessary for the performance of this Agreement, each party may disclose the Confidential Information to its employees or subcontractors, subject to informing them of its confidentiality obligations under the Agreement and obtaining from them commitment to respect these obligations.
11.4. This confidentiality clause will be applicable for the duration of the Trial Period and as long as the Confidential Information has not fallen into the public domain, and in any case for a period of five years after the termination or the cancellation. expiration of the Contract.

ARTICLE 12 – Force majeure

12.1. There is force majeure where an event beyond the control of the parties, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which can not be avoided by appropriate measures, prevents the performance of its obligation by the debtor . The following events are considered to be force majeure: natural disasters, fires, floods, epidemics, wars, riots, civil unrest, strikes (even if these strikes affect we advocacy personnel), any limitation in speed or the capabilities of any telecommunication equipment or network used with the Service, or modification of export or import regulations.
12.2. In such a case, the party directly affected by the impediment of performance of its obligations, is obliged to notify the other party immediately in writing and undertakes to provide, within ten (10) days from the date of notification, the proof of force majeure.
12.3. If the impediment is temporary, the performance of the obligation is suspended unless the delay resulting therefrom justifies the termination of the contract. If the impediment is final, the contract is automatically settled and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

ARTICLE 13 – General

13.1 Neither party may assign, sublicense or sublicense the rights or obligations under this Agreement, even in the event of a merger, split or universal transfer of assets.
13.2. we advocacy may assign or bring this Agreement (including by merger, split or universal transfer of assets) to any Affiliated Company.
13.3. we advocacy may subcontract all or part of its obligations under the Contract, it being understood that it will remain responsible for the performance of such obligations by the subcontractor.
13.4. This Agreement contains the entire agreement of the parties in connection with the subject matter hereof and supersedes any previous agreement, oral or written.
13.5 If any of the stipulations of the Contract are declared void or ineffective in any manner whatsoever and for any reason whatsoever, this shall not affect the validity of the other stipulations of the Contract and the parties shall consult each other in order to replace the stipulation null or ineffective by another stipulation having an economic effect as close as possible.
13.6. Failure of any of the parties to exercise any right, power or privilege hereunder in this Agreement shall not be deemed to constitute a waiver of such right, power or privilege may be exercised at any time.

ARTICLE 14 – Applicable Law and Jurisdiction

14.1. The Contract is subject to French law.
14.2. Any dispute arising from the formation, interpretation, execution or termination of these General Terms and Conditions of Sale for any reason whatsoever shall be the subject of an attempt at conciliation.
In the absence of amicable settlement after the expiry of a period of ten (10) days from the written request of the most diligent party, the dispute shall be submitted to mediation between the parties. This procedure is confidential. The mediation will be implemented before a single mediator belonging to the Paris Mediation and Arbitration Center. The parties will submit to the rules of this mediation center, which will appoint the mediator who will organize the mediation. The attempt to mediate shall be made in good faith and the parties agree, in this spirit, to meet at least once under the aegis of the mediator. In the absence of agreement to the contrary by the parties, the mediation shall not be extended beyond a period of two (2) months from the referral of the mediator. The costs and fees of the mediation will be borne by half of each party. Each party shall bear the costs and fees of any advice they may designate as part of the mediation.
In the event of failure of the mediation, each party will regain his freedom to seize the Paris Commercial Court, to which the parties entrust exclusive competence.
The foregoing stipulations shall not, however, prevent the parties from taking, in any competent court, any provisional or conservatory measures necessary for the preservation of their mutual interests.

ARTICLE 15 – Definitions

1. In addition to those defined elsewhere in the Contract, terms beginning with a capital letter will have
the following meaning:
● “Customer” means any entity that has subscribed to a Trial Period for the use of the Service.
● “Technical Configuration” means the technical configuration that the Customer must have for the Service to function properly, accessible at the following address:
● “Customer Contact” means the contact person for we advocacy at the Customer, as designated by the latter.
● “Agreement” means the contract between us advocacy and the Customer consisting of these Terms of Use and any other terms and conditions to which these Terms of Use refer.
● “we advocacy” means we advocacy, a simplified joint-stock company with a capital of € 10,000, with its registered office at 3, rue Diodore Rahoult, 38 000 Grenoble, France, identified under the number RCS GRENOBLE 833 963 069.
● “Customer Data” means data (including personal data), content, information recorded, generated, transmitted or displayed by the Customer or Users through the Service, as well as the personal data of Users.
● “Third Party Software”: any software belonging to a third party that is integrated or interacts with the Service.
● “Open Source Elements” means any elements, programs or components integrated into the Service and placed under a free open source license, under the terms of an open source license approved by the Open Source Initiative.
● “Google” means the Google Group entity with which the Customer subscribed to G Suite (™).
● “Microsoft” means the entity of the Microsoft group with which the Customer has subscribed to Office 365 (™) or the Outlook Messaging client.
● “Office 365 (™)” means computer applications that Microsoft provides to end users that may be interoperable with the Service from time to time. This suite includes the Outlook messaging tool.
● “Outlook (™)” A messaging tool Microsoft provides to end users that is interoperable.
● “G Suite (™)” Computer applications that Google provides to end-users that may be interoperable with the Service from time to time. This suite includes Google Drive, Gmail and / or Google Docs.
● “Google Cloud Platform (™)” means the hosting platform operated by Google in accordance with the Google Cloud Platform Terms of Service.
● “Google Cloud Platform Terms of Service” means the terms and conditions applicable to services provided by Google on the Google Cloud Platform, available at https://cloud.google.com/terms/.
● “Service” means any application or service published by we advocacy subscribed through an Order, and more fully described in the Documentation or on the website we advocacy.
● “User (s)” means the Customer’s authorized natural persons authorized by the Customer to use the Service.
● “Administrator (s)” means the natural persons authorized by the Customer to administer the Service.