Terms of use
TRYANE ANALYTICS
Preamble
The original version of this document was written in French (France). In the event of a disparity between the translation of this document and the original version, the original shall take precedence.
These Terms of use shall be used to determine the relationship between: Tryane a SAS company under French law whose head office is located at 16 rue du Faubourg Montmartre 75009 PARIS and registered in the Paris Trade and Companies Register under number 503 721 219 , and which operates the website (“the Website”) https://analytics.tryane.com/ and the application SaaS Tryane Analytics (“the Application”), hereafter referred to as “Tryane”, “we”, “us”, “our Services” or “our platform”;
And
Users of the Website referenced under domain name analytics.tryane.com, according to the identity provided by them when creating their user account on said Website, hereafter referred to individually or collectively as “Member(s)”, “the User”, “Users” or “you”.
· Article 1 – Use of the Services
· Article 2 – User’s rights and obligations
· Article 3 – Tryane’s rights and obligations
· Article 4 – Privacy Policy
· Article 5 – Limited responsibility
· Article 6 – Provision of Service in its current state
· Article 7 – External hyperlink
· Article 8 – Bill and payment
· Article 9 – Cancellation
· Article 10 – Waiver and severability
· Article 11 – Dispute settlement
Article 1 – Use of the Services
1.1 – Agreement of the Terms of Use
1.1.1 By accessing the Website or the Application, The User signifies that he has read, understood and confirms his acceptance of, and agree to be bound by, these Terms and the linked Privacy Policy. Use of any functionality of the Website or the Application constitutes acceptance of these Terms of Use.
1.1.2 These Terms of Use are effective upon acceptance and bind the parties until cancellation, as stated in the article 9.
1.1.3 Tryane reserves the right to modify, update or amend these Terms of Use at any time. The modifications will be effective at their publishing on the Website analytics.tryane.com or by any other notification. The present Terms of Use cancel and replace any older version.
1.1.4 If the User is not willing to accept the updates of the Terms of Use, he can cancel his account at any time, as stated in the article 9.
1.2- Use of the Services
1.2.1 In order to use the Application and the Service, the User has to register and create a User account.
1.2.2 In order to get registered, the User has to use his Office 365 login information and may provide personal information such as his name, last name, email address or phone number. Failing that, registration as a new User will not be authorized. Registration data and certain other information about you are governed by our Privacy Policy as stated in the article 4.
1.2.3 The User is liable for ensuring that:
– the Service satisfies his needs
– he has the required competence to use the Service
– his personal structure can efficiently run the Service
– he has a User account on the Office 365 platform or any other platform supporting the Application. 1.2.4 If the User does not follow the Terms of Use, he will be forbidden to access and use the Application.
1.2.5 The user is liable for his account and its utilization.
1.3 User account and security
1.3.1 The personal information given by the User while registering is considered to be accurate.
1.3.2 It is possible to register for Tryane Service using a login and password created on other networks than Office 365. In the case of registrations via an existing network, the personal data that the User agrees to provide is considered to be accurate. This registration method requires him to accept these Terms of use.
1.3.2 Under no circumstances can the User use the account of another user without their authorization, and he must immediately inform us of any unauthorized use or violation of his account.
1.3.3 Tryane shall not be held liable for losses resulting from unauthorized use of the User’s account.
1.4 Password
1.4.1 Tryane strongly encourages the User to use a complex password containing upper- and lower-case letters, numbers and special characters.
1.4.2 The password is confidential. Under no circumstances should the User communicate it to anyone, allow another individual to access his account, or act in any way that would compromise the security of his password.
1.4.3 The User sole shall be liable for protecting the password created to access our Services, as well as for all actions and activities carried out after authentication of his password
1.4.4 Tryane shall not be liable for any harm caused by negligence on your part in relation to the advice provided above.
Article 2: Users rights and obligations
2.1 User’s license
Tryane authorizes the User to use its platform and its Service, and grants the User a license that is non assignable, personal, non-exclusive and non-transferable, allowing him to use the Applicable made available by Tryane as part of its Services. The attribution of this license enables the User to use and benefit from the Services provided by Tryane in accordance with these Terms of use.
2.2 Behavior of User
2.2.1 In using the Services provided by Tryane, the User agrees:
1. To provide or transfer accurate information about himself when registering for and using the Website. The use of a false identity or the usurpation of another’s identity is forbidden and may lead to the closure of the User’s account;
2. To respect current legislation, third-party rights and the contractual provisions contained herein; 3. Not to disseminate data, information or content that would impinge upon, distort or prevent the normal usage of the Website;
4. Not to use any robot software or equivalent automated procedure or tool to navigate around our Website and/or use our Services;
5. Not to harm the image reputation of Tryane.
2.2.2 As a User of Tryane Services, the User is not authorized:
1. To enter, use or alter the non-public areas of our Services or the information systems belonging to Tryane;
2. To probe, scan or test the vulnerability of any system or network, or infringe or circumvent any security or authentication systems;
3. To access or attempt in any way (whether automated or not, including by Proxy) to access our Services other than by using the public interface provided by Tryane (within the scope of these Conditions of use), except where you have been expressly authorized to do so by our Services;
4. To falsify a TCP/IP packet header or any part of the information contained in the header of an e-mail or post issued by our Services;
5. To make use of the term “Tryane” or any of the logos, domain names or other distinctive signs belonging to Tryane;
6. To use, copy, record, adapt, modify or create derivative works, or distribute, sell, transfer, publicly display or execute, or transmit any content belonging to Tryane or its Users;
7. To disrupt, interrupt or suspend (or attempt to do so) the access of any user, host or network by any means whatsoever, including by sending a virus or carrying out operations against our Services such as overloading, flooding, spamming or mail-bombing;
8. To script the creation of content designed to interfere with or generate an unjustified burden on the Services;
9. To divert or attempt to divert the functions of our Services away from their normal usage as defined herein.
2.2.3 Any unauthorized or non-conform to the article L. 122-6 of the intellectual property code use of Tryane’s Service is illegal.
2.2.4 Any behavior contravening these Terms of Use may, at our discretion, lead to the deletion of the fraudulent User’s account without notice and without the possibility of compensation.
Article 3: Tryane’s rights and obligation
3.1 Intellectual Property
3.1.1 The license granted to the User does not transfer any intellectual property right. Except as expressly authorized by Tryane, the User agrees not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part.
3.1.2 Under no circumstances can the User hide or modify (or attempt to hide or modify) any copyright, trademark or other intellectual property right incorporated within the Website, including but not limited to software, images, text, graphics, illustrations, logos, patents, trade brands, service brands, copyright, photographs, sound clips or videos…
3.1.3 Any use of the brand Tryane other than as specifically authorized herein is strictly prohibited.
3.1.4 Tryane may use any User’s distinguishing features as commercial use or reference in its presentation, Website or any other kind of advertising document.
3.2 Restrictions on the content and the use of our Services.
Tryane reserves the right at all times (although is not obliged or liable towards the User in this regard):
1. To suspend or close user accounts at our discretion;
2. To retrieve user names.
3.3 Divulging User information
Tryane also reserves the right, to access, read, keep and divulge any information in order to:
1. Satisfy all applicable laws or regulations or any legal procedure or administrative requests; 2. Enforce these Conditions of use (which includes searching for possible violations thereof); 3. Detect, anticipate or deal with problems of fraud or security or any other technical problem; 4. Respond to requests for assistance from Tryane Users;
5. Protect the interests, assets and security of Tryane, its Users and the wider public.
Article 4: Privacy Policy
4.1 Within the framework of the EU General Data Protection Regulation (GDPR) and national regulation (Loi informatique et Libertés no 78-17 du 6 janvier 1978), Tryane sets up an intelligible and transparent Privacy Policy, in order to protect the User’s personal data.
4.2 By accepting these Terms of Use, the User also accepts our Privacy Policy, which is incorporated by reference herein (Privacy Policy).
4.3 This Privacy Policy may be updated or modified from time to time for any reason without prior notice. We will notify Users of any material changes to our Privacy Policy by posting the new Privacy Policy on our Website or by emailing them. The continued use of the Services after any changes or revisions to this Privacy Policy shall indicate agreement with the terms of such revised Privacy Policy. Users are advised to consult this Privacy Policy regularly for any changes.
Article 5: Limited liability
5.1 User’s liability
5.1.1 The User shall have the necessary competence and equipment to run the Application. Tryane is not liable for malfunctioning.
5.1.2 By using the Application, the User accepts all risks inherent to the utilization of Internet and smartphones.
5.2 Tryane’s limited liability.
5.2.1 Tryane is not liable for any damages that may affect User’s smartphone or IT hardware.
5.2.2 Tryane is only liable for direct damages’ consequences. To this extent, Tryane will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses.
5.2.3 Tryane is not liable for the default of its Service because of a third party, force majeure or any exterior reason or event.
Are defined as force majeure the event defined as so by the French case law and the French tribunals fulfilling the criterions of exteriority, unpredictability and irresistibility as stated in the article 1148 of the French Civil Code.
Besides the event usually mentioned by the French case law, the force majeure also includes: congestion of the telecommunication networks, bad quality of the electric current, epidemic, earthquake, fires, storm, governmental or legal restriction
5.2.4 In no event will Tryane be totally liable to the User for all direct and predictable damages will exceed the amount the User has paid for the Service causing the injury.
5.2.5 Tryane is not liable for checking the identity of the people registering at our Service. To his extent, Tryane is not liable for a User’s identity theft or any other misused of identity or information.
Article 6 – Provision of Service in its current state
6.1 The User understands and accepts that the Services are provided “in their current state” and “as available”.
6.2 In the context of his monthly retail, the User benefits from frequent updates of the Application with no surcharges.
6.2 Tryane commits to not damage the User’s Office 365 account and to maintain a good quality of Service. 6.3 Tryane is not liable for ensuring that its Service responds to the User’s needs.
6.4 No advice or information given by our Service is liable as any kind of guaranty, except if they are included in these Terms of Use.
Article 7 – External Hyperlinks
7.1 Our Services may contain links to third-party websites or resources. No link towards such websites or resources can be said to constitute approval by Tryane thereof, or of the content, products or services offered therein.
7.2 The User sole is responsible for the use of such websites or resources, and he does so at his own risk.
7.3 The User recognizes that under no circumstances shall Tryane be held liable for its use of any third-party online services.
Article 8 – Bill and payment
8.1 The Premium subscription fees are due monthly in advance at the first day of the month. 8.2 The User using the Premium service will receive a bill by email after the payment.
8.3 If the Premium User wishes to pay by bank transfer from his non-French bank account, the potential fees and charges shall be supported by him.
8.4 In the case of non-payment of a part of the whole bill, at the said date, Tryane could at its sole discretion apply penalty, without prejudice to its right to claim for compensation for non-payment. This penalty is up to three times the French legal interest rate in force on the billing day, per day of delay. These financial penalties run from the day after the bill maturity date until the payment day. Tryane could bill without any prior notification.
Article 9 – Cancellation
9.1 Reciprocal cancellation right
9.1.1 The Terms of Use outlined herein shall continue to apply until the cancellation of our Services by the User or by Tryane.
9.1.2 The User is entitled to cancel his agreement with Tryane at any time and for any reason by navigating to the web page entitled Unsubscribe
9.1.3. If a User fails to respect one or more of the Terms of Use outlined herein, or in the event of a probable or actual legal risk affecting Tryane as a result of his use of our Services, we reserve the right to temporarily suspend and/or unilaterally cancel our agreement, block the account(s) of the User concerned, automatically delete the disputed content, prevent the publication of all or some of the User’s profile and/or temporarily or definitively block the User’s access to some or all of the Services provided by Tryane, without any compensation
9.1.4 The User will be informed of this decision via a notification sent to the e-mail address associated with his account, or alternatively when he tries to access his account.
9.2 Effects of the cancellation
The cancellation of a User’s account by himself or by Tryane, cancels this Terms of Use and also, without limitation, the license to use our Services. Yet, the articles 1, 3, 5, 9, 10 and 11 still apply.
Article 10 – Waiver and severability
10.1 The decision by Tryane not to seek to benefit from one of the rights or provisions contained herein should not be interpreted as a waiver of said rights or provisions.
10.2 If one of the provisions contained herein were to be declared invalid, null and void or inapplicable by a court or arbitrator, said provision could then be modified so as to make it applicable and effective in a way that most closely resembled the initial intentions of the parties. If a court or arbitrator deems one or more of
the provisions contained herein to be invalid or inapplicable, the validity, legality and applicability of the other provisions in the Terms of Use shall in no way be affected and shall remain fully in force.
Article 11 – Dispute settlement
11.1 These Terms of use, as well as any subsequent or associated claim, lawsuit or dispute, are governed by the laws of the French State, regardless of his home country or the country from which he accesses our Services.
11.2 IN CASE OF DISPUTE, THE COMMERCIAL COURT OF PARIS SHALL BE COMPETENT, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR RECOURSE IN WARRANTY, EVEN FOR URGENT PROCEDURE OR FOR PRECAUTIONARY PROCEDURE BY INTERIM MEASURE OR BY NOTICE OF APPLICATION.