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.
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 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
1.2- 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.
1.2.3 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
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 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.
1.4.1 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
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.
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;
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.
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
9.1.2 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
9.1.4 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
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
Article 11 – Dispute settlement
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.