Terms of use

Welcome to SKOPAI platform!

This platform is only accessible to specific users.

Access to, and use of the SKOPAI platform available at the address www.skopai.com (hereafter referred to as the “Website”) and the services it proposes (hereafter referred to as the “Services”) are subject to compliance with these general conditions.

These conditions apply as from 06/11/2017.

DEFINITIONS

Terms of use: refers to the general conditions for using the Website.

Cookie(s): refers to tracking files recorded and read when consulting a website, reading an e-mail, or installing and using software or other mobile applications, regardless of the type of device used

The French data protection act (the Informatique et libertés law): refers to law number 78-17 of January 6, 1978, concerning information technology, files and personal freedom.

Website: refers to the website of the company SKOPAI, which is accessible at the address www.skopai.com.

SKOPAI: refers to the company SKOPAI, a simplified joint stock company with a registered capital of 54,349 euros, registered in the Trade & Company Register (RCS) of Grenoble under the number 831 050 489 having its registered office at 2D Chemin de Maupertuis – 38240 MEYLAN

User(s): refers to the internet user(s) using the Website www.skopai.com

FOREWORD

Terms for accessing the website: the connection to, and/or use of, and/or subscription to this website are exclusively reserved:

· for professional Users;

· aged 18 and over.

Geographical area: the service may be used on a worldwide basis.

Contact information: for any questions concerning the Terms of Use, please e-mail contact@skopai.com

ARTICLE 1. LEGAL INFORMATION

1. WEBSITE PUBLISHER

The SKOPAI website accessible via electronic means at the web address www.skopai.com is the property of the company SKOPAI, a simplified joint stock company with a registered capital of 54,349 euros, registered in the Trade & Company Register (RCS) of Grenoble under the number 831 050 489 having its registered office at 2D Chemin de Maupertuis – 38240 MEYLAN.

SKOPAI’s contact details are as follows:

· Postal address (headquarters): 2D Chemin de Maupertuis – 38240 MEYLAN;

· E-mail address: contact@skopai.com;

· Telephone number: 33 6 30 76 60 60.

SKOPAI S.A.S. is the company publishing the Website.

The Website Publication Manager is Mr Bruno Sportisse, acting in his capacity as CEO of the company SKOPAI S.A.S.

2. WEBSITE HOSTING

The website is hosted by the company Kreatys, a limited liability company (S.A.R.L.) having its registered office at 51 avenue Jean Kuntzmann – 38330 Montbonnot Inovallée, (France) and registered in the Trade & Company Register (RCS) of Grenoble under the number 433 349 206.

To contact them:

· by telephone: +33 (0)4 76 04 84 61

· or by e-mail by completing the contact form at the following address: http://www.kreatys.com/contact-devis.php

· Kreatys SARL – RCS Grenoble 433349206 – 51 avenue Jean Kuntzmann 38330 Montbonnot Inovallée, France

ARTICLE 2. THE USER’S ACCEPTANCE OF THE TERMS OF USE

These general terms of use apply exclusively between any User and the company SKOPAI, and apply to the entire Website without restriction.

Access to and/or use of the Website constitutes unreserved and entire acceptance of the Terms of Use by the User.

If you do not wish to be bound by these Terms of Use, please do not access or use the website.

The company SKOPAI retains the possibility to provide the Users with services other than those described in these conditions (hereafter referred to as the “Supplementary Services”).

Access to and use of some of these Supplementary Services may however be subject to the acceptance of additional contractual conditions.

The additional contractual conditions which apply may be freely consulted before subscribing to or using the Supplementary Services.

In the case of access to and/or use of one of these Supplementary Services, the applicable additional terms of use will be considered as accepted in advance by the Users.

ARTICLE 3. WEBSITE CONTENT

The purpose of the Website is to present the Services and benefits proposed by SKOPAI as part of the range of services offered by the skopai.com platform as described in the Website’s pages.

However, SKOPAI makes no commitments and enters into no obligations concerning the accuracy of the information and data, or concerning the uses which may be made of the said information and data. SKOPAI therefore grants no express or tacit guarantee concerning the website content or the use which may be made of this.

SKOPAI reserves the right to add, delete or modify all or part of the Website pages it publishes, or the Services it proposes, without prejudice to the application of any previously concluded conditions.

SKOPAI reserves the right to update them, modify or delete them at any time and without notice.

ARTICLE 4. USER PROFILE

The information and data displayed in the User profile is created and managed by SKOPAI.

In the event of any difficulties or if any questions arise, the User should contact SKOPAI directly.

ARTICLE 5. ACCESS AND SECURITY

The subscription to, access to or use of certain Services on the Website, including the members’ areas, may require the opening of a user account which involves supplying a username and choosing a password.

The password is private, personal and confidential. The User bears sole liability and responsibility for it. He agrees that he will not divulge it to third parties and will take all necessary precautions to avoid third parties gaining access to it.

The user agrees to immediately inform SKOPAI if his password is lost or stolen.

Failing this, and unless proof to the contrary exists, any connection or transmission of orders or data made using the password will be considered as originating with the User, with the latter bearing exclusive liability for them.

The User may request the cancellation of his account at any time by sending an e-mail to contact@skopai.com.

This article is subject to the provisions of any possible additional contractual conditions.

ARTICLE 6. UNAUTHORISED ACCESS TO AUTOMATED DATA PROCESSING SYSTEMS

The parties are reminded of the following provisions of articles 323-1 and following of the Penal Code, containing the chapter on “unauthorised access to automated data processing systems”:

Article 323-1

“Fraudulently accessing or remaining within all or part of an automated data processing system is punished by two year’s imprisonment and a fine of €30,000.

Where this behaviour causes the suppression or modification of data contained in that system, or any alteration of the functioning of that system, the sentence is three years’ imprisonment and a fine of €45,000”.

Article 323-2

Obstructing or interfering with the functioning of an automated data processing system is punished by five years’ imprisonment and a fine of €75,000.

Article 323-3

“The fraudulent introduction of data into an automated data processing system or the fraudulent deletion or modification of the data that it contains is punished by five years’ imprisonment and a fine of €75,000”.

Article 323-3-1

“A person who, without lawful authority, imports, possesses, offers, transfers or makes available any equipment, instrument, computer programme or information created or specially adapted to commit one or more of the offences prohibited by articles 323-1 to 323-3, is punished by the penalties prescribed for the offence itself, or the one that carries the heaviest penalty”.

Article 323-4

“Participating in a group or conspiracy established with a view to the preparation of one or more offences set out under articles 323-1 to 323-3-1, and demonstrated by one or more material actions, is punished by the penalties prescribed for the offence in preparation, or the one that carries the heaviest penalty”.

Article 323-5

“Natural persons convicted of any of the offences provided for under the present Chapter also incur the following additional penalties:

1° Forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

2° Prohibition to hold public office or to undertake the social or professional activity in the course of which or on the occasion of the performance of which the offence was committed, for a maximum period of five years;

3° confiscation of the thing which was used or intended for the commission of the offence, or of the thing which is the product of it, with the exception of articles subject to restitution;

4° Mandatory closure, for a maximum period of five years of the business premises or of one or more of the premises of the undertaking used to commit the offences;

5° Disqualification from public tenders for a maximum period of five years;

6° Prohibition to issue cheques, except those allowing the withdrawal of funds by the drawer from the drawee or certified cheques, for a maximum period of five years;

7° Public display or dissemination of the decision, in accordance with the conditions set out under article 131-35”.

Article 323-6

Legal persons may incur criminal liability for the offences referred to under the present chapter pursuant to the conditions set out under article 121-2. The penalties incurred by legal persons are:

1° A fine, pursuant to the conditions set out under article 131-38;

2° The penalties referred to under article 131-39.

The prohibition referred to under 2° of article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed”.

Article 323-7

“Any attempt to commit the misdemeanours referred to under articles 323-1 to 323-3-1 is subject to the same penalties”.

ARTICLE 7. WEBSITE MAINTENANCE

The company SKOPAI agrees to perform regular maintenance of the Website and also reserves the possibility to use a third-party to handle some or all of the said maintenance operations.

Some maintenance operations may result in temporary interruptions in access to the Website, which the User accepts.

SKOPAI may not be considered liable if it proves impossible to access the Website for the SKOPAI platform and/or its services.

SKOPAI will make every effort to ensure access to the website 24 hours a day, 7 days a week except in the event of force majeure circumstances or other events outside SKOPAI’s control, or of any possible breakdown or of any maintenance made necessary to ensure the website publisher’s satisfactory operation.

Consequently, SKOPAI is unable to guarantee the availability of the website and/or services, nor the reliability of the transmissions or performance in terms of response times or quality.

No technical assistance is supplied to users, whether via electronic means or by telephone, which the User expressly accepts.

Furthermore, SKOPAI may find it necessary to interrupt the website or part of the services at any time without warning, this generating no entitlement to damages and compensation.

The User accepts and acknowledges that the publisher will not be considered liable for any interruptions or their consequences for the User or third parties.

ARTICLE 8. PERSONAL DATA

When connecting to and/or surfing on the Website, information will be collected by SKOPAI via the website.

All personal data identifying the User directly (including among other things his last name, first name, postal address, country, company name, e-mail address and telephone number or job title) or indirectly (computerised traces left when you surf the Website, IP address (the computer’s virtual address) will be considered as personal data and processed as such, subject to changes in the legal framework concerning the categorisation of personal data.

8.1 Processing

The subscription to, access to and/or use of certain Services entails the processing of personal data, which the User accepts.

The data controller for the processing of the Users’ personal data is the company SKOPAI, a simplified joint stock company with a registered capital of 54,349 euros, registered in the Trade & Company Register (RCS) of Grenoble under the number 831 050 489 having its registered office at 2D Chemin de Maupertuis – 38240 MEYLAN.

The data collected is derived from the voluntary provision of information by users wishing to access or use a Service requiring such processing and/or from computerised traces left when surfing the Website.

This data may be used for the purpose of managing the operations performed on the Website and for SKOPAI’s commercial activities.

You accept and agree that this information may be exploited and/or communicated in accordance with the above-mentioned details.

8.2 Rights of access, rectification and opposition

Pursuant to the French data protection act of January 6, 1978, the Subscriber has a right to access, consult, modify, rectify and delete his data, which enables him, where applicable, to rectify, add to update, lock or delete the personal data concerning him when this is inaccurate, incomplete, ambiguous, out of date, or for which the collection, use, communication or storage is prohibited.

The subscriber also has a right to oppose the processing of the data on legitimate grounds and a right to oppose the use of this data, particularly for commercial prospection purposes.

These rights may be exercised by writing to SKOPAI, including a copy of a signed identity document, specifying the subject of the subscriber’s request in addition to his last name, first name, e-mail address use for subscription and Username, either by letter sent to the address 2D Chemin de Maupertuis – 38240 MEYLAN or by e-mail sent to the address contact@skopai.com, accompanied by a copy of a signed identity document.

ARTICLE 9. COOKIES

SKOPAI automatically records some technical data.

When visiting the Website, the technical data likely to be recorded concerning the use of or access to the Website includes the user’s Internet Protocol (IP) address and information concerning the user’s configuration (machine type, browser type, etc.) and navigation (date, time, pages viewed, errors occurring, etc.).

This information may be stored, via your web browser, in short text files (cookies) depending on your choices, in a dedicated area on the hard drive. SKOPAI processes this technical data in a totally anonymous manner, associating it with no information making it possible to identify the user and does not forward it to third parties.

Each Cookie is assigned an anonymous identifier. The Cookie file enables its issuer to identify the device on which it is recorded for the validity period or the recording period of the Cookie concerned.

According to their category, the Cookies are used for the following purposes:

· An initial category of Cookies concerns those strictly necessary to the use of Website. These are vital in order to navigate the Website while benefiting from all of its features (adaptation to the surfer’s operating system, display, etc.). They make it possible to adapt certain features and the presentation of the Website to your browser and your equipment. These are essentially technical Cookies which do not identify you as an individual.

· Another category of Cookies concerns those making it possible to measure performance. These Cookies make it possible to draw up statistics, visitor numbers and usage rates for various services on the Website. Their purpose is to enable skopai.com to improve the overall user experience. These Cookies do not identify you as an individual.

These two categories of Cookies are used only for the purpose of preparing usage statistics, preventing errors, preventing unauthorised access to and intellectual property infringements of the Website or improvements to the conditions under which the Website is accessed and used.

A third category of Cookies concerns functionality. They make it possible to simplify navigation for you. They record a number of your choices (language, username, country, or information concerning a previously completed form, etc.).

Without prejudice to the above, SKOPAI may nevertheless find it necessary to use information in cooperation with the User’s Internet service provider to identify the user for the purpose of implementing all or part of these general conditions or the additional contractual conditions or at the request of the relevant administrative or legal authorities.

Exercising your rights

We would like to inform you that you can configure your browser settings at any time in order to modify your choices where Cookies are concerned. Configuring your web browser is a free and effective means of specifying in advance how Cookies should be managed. You may choose:

· To accept the recording of all Cookies included in the web page for the content you consult. Please note that firstly these Cookies will only be readable by their issuers. Secondly, this process is not firm and final and it will always be possible for you to delete these Cookies later;

· To refuse the recording of Cookies on your device. In this case, your visit to the Website will no longer be counted by the visitor tracking tools but you will no longer be able to benefit from the same ease of navigation, as some features require the use of Cookies. Consequently, SKOPAI declines all liability for any inconvenience related to any possible problems with our services resulting from the inability to consult the necessary Cookies;

· To be prompted by your browser to give your consent or your refusal before the installation of a new Cookie on your device.

The configuration of the cookie management functions depends on your browser (for further information please see http://www.youronlinechoices.com/fr/controler-ses-cookies/).

For information, you can prevent cookies from being saved on your device by configuring your browser as follows:

For Internet Explorer:

Go into Tools> Internet Options

Click the Privacy tab.

Click the advanced button, tick the box “Override automatic cookie handling”.

Further information: http://windows.microsoft.com/fr-FR/windows7/Block-enable-or-allow-cookies

In Firefox:

At the top of the Firefox window, click on the Firefox button (the Tools menu under Windows XP), then choose Options.

Select the Privacy and Security panel.

Configure History rules: use custom settings for history.

Uncheck Accept cookies from websites.

For further information: http://support.mozilla.org/fr/kb/activer-desactiver-cookies?redirectlocale=fr&redirectslug=Activer+et+d%C3%A9sactiver+les+cookies

For Chrome:

Click the spanner icon shown in the browser toolbar.

Select Settings.

Click on Advanced.

In the “Privacy and Security” section, click on the Content settings button.

In the “cookies” section, you can block cookies and data from third-party sites

Further information: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647

For Safari:

Go into Settings > Preferences

Click the Privacy tab

In the “Block cookies” section, click the “always” box

Further information: http://support.apple.com/kb/HT1677?viewlocale=fr_FR

For Opera:

Go into Settings > Preferences

Click the advanced tab

In the “cookies” section, tick the “Never accept cookies” box,

Further information: http://help.opera.com/Windows/10.20/fr/cookies.html

ARTICLE 10. ACCESS RIGHTS

Access to the SKOPAI platform is available by subscription. (Please see the contact section to contact SKOPAI).

Throughout the subscription period, SKOPAI will provide access to the User’s subscription as described in his specific SKOPAI contract and in the applicable order.

If you have access to the User portal on the Website, a specific partnership agreement has been signed between your company and SKOPAI, which covers access costs and payments.

Please refer to this agreement or contact SKOPAI (via the contact section).

ARTICLE 11. ADDITIONAL FEATURES

You can subscribe to additional features as part of the subscription service by placing an additional order or by activating the additional features via your user Portal (if this option is proposed by SKOPAI).

ARTICLE 12. INTELLECTUAL PROPERTY RIGHTS

All aspects and components comprising the SKOPAI platform’s Website, whether concerning its form or substance, are the property of the website publisher or his partners, whether natural or artificial persons.

These conditions include no transfer or granting of intellectual property rights to the user, with the latter agreeing that he will not commit any act likely to directly or indirectly infringe or otherwise adversely affect SKOPAI’s intellectual property rights.

The architecture or layout of the SKOPAI Website, the graphics, models, templates, photographs, software programs, search engines, databases, domain names, design, services proposed, texts, computer graphics, graphs, diagrams, images (animated or otherwise) sounds, videos and all other content comprising the website or any other information shown therein (without this list being in any way exhaustive) are the exclusive property of SKOPAI or of the partners or third parties having granted it a licence, and are protected by the intellectual property rights provided under the applicable legislation.

Any partial or total representation and/or reproduction and/or exploitation of the content and services proposed by the SKOPAI Website by any means whatsoever is strictly prohibited and would constitute a violation of articles L 335-2 and others of the French Intellectual Property Code.

Under no circumstances may the user download and/or modify and/or reproduce all or part of the website.

However, the creation by the user of a hypertext link to the website is possible although the company SKOPAI will accept no liability for this.

Moreover, the user agrees that he will do nothing which may generate liability for the company SKOPAI vis-a-vis third parties.

Any commercial or promotional use of content (information, texts, graphical identity, site sections, etc.) and/or of names and/or brands/trademarks and/or logos or other distinctive markings of the company SKOPAI is strictly prohibited unless expressly authorised beforehand in writing by the company SKOPAI.

The logos, brands or trademarks on the website of the SKOPAI platform are the exclusive property of the publisher. All logos, brands or trademarks of our partners featured on the Website are the property of their authors. The brands, trademarks and logos included in the initial data pack may be used without the publisher’s prior authorisation. However, their use is not intended to falsify or fraudulently use these brands, trademarks and logos.

ARTICLE 13. HYPERTEXT LINKS

Links to the SKOPAI platform’s home page may be created without SKOPAI’s express authorisation.

However, the SKOPAI Website must be displayed in a new browser window and there must be no doubt that the SKOPAI website is independent from the Website supplying the link.

SKOPAI reserves the right to demand the deletion of any link it considers incompatible with the purpose or ethics of the SKOPAI platform’s website or any link which is directly or indirectly harmful to SKOPAI and/or its image and/or its objectives.

The Website may also contain hypertext links to content from third parties or to websites operated by third parties.

SKOPAI is not liable or responsible for the quality or accuracy of the content present on these websites and may not be considered as approving, publishing or authorising these websites or this content.

Consequently, the operators of these websites bear sole liability for compliance with the applicable legislation and regulations, including for the products and services they sell via their website, and more particularly concerning consumer protection, mail order, price-related regulations and the protection of personal data, etc.

SKOPAI declines any liability for any losses which may result from the use of these websites.

ARTICLE 14. LIABILITY

SKOPAI is liable as of right vis-a-vis the User for the satisfactory performance of the obligations established in this document.

However, SKOPAI may not be considered liable for a failure to implement the clauses of this document resulting from force majeure circumstances.

SKOPAI may also not be considered liable for the poor performance or non-performance of these clauses due to the unforeseeable and unavoidable acts of third parties to this agreement or due to the User.

The information and/or documents contained on and/or generated by the Website may contain technical inaccuracies or typographical errors.

SKOPAI reserves the right to correct these errors when these are brought to its attention.

The liability for the use of information and/or documents stated as being authorised for reproduction will be borne entirely and exclusively by the User, who accepts liability for any consequences which may result, with the publisher accepting no such liability.

SKOPAI may under no circumstances be considered liable for losses or damage of any nature resulting from the interpretation or use of information and/or documents available on the SKOPAI website.

ARTICLE 15. MODIFICATIONS TO THE GENERAL TERMS OF USE

SKOPAI reserves the right to modify these Terms of Use at any time in order to adapt to changes and/or website operations.

ARTICLE 16. INTERNET USAGE RULES

The User hereby declares that he accepts the characteristics and limitations of the Internet and acknowledges that:

· SKOPAI assumes no liability for the services accessible via the Internet and has no control over the nature or characteristics of the data which may transit via its server centre. Any information considered sensitive or confidential sent by the user is submitted at his own risk.

· Data circulating on the Internet may be subject to regulation in terms of its use or protected by intellectual property law. The User assumes sole liability for the use of the data he sends via the Internet. The User acknowledges that the publisher has no means of checking or controlling the content of services accessible via the Internet.

ARTICLE 17. APPLICABLE LAW

Connection to the Website from any location in the world, in addition to the use of the Website from any location in the world are subject to French law and, in the event of a dispute or litigation, only the courts within the jurisdiction of the Paris Court of Appeal shall be competent.

These Terms of Use are subject to French law in their conclusions and implementation, and, in the event of any dispute or litigation, to the courts within the jurisdiction of the Paris Court of Appeal exclusively.

Before any referral to a court, the User agrees to seek an amicable solution to any dispute arising and do everything possible to ensure successful out-of-court conciliation.