SAFEBEAR – TERMS AND CONDITIONS OF USE
Safebear is a simplified joint-stock company with a capital of 65 464,80 euros, registered in the Paris Trade Register under number 913 424 362, whose registered office is located at 35 rue du General Foy, 75008 Paris, represented by its president Mr. Christian Guillon (hereinafter "Safebear").
Safebear is a software development company specialized in the design and publishing of software. It has notably developed expertise and in-depth skills in the realization of SAAS solutions and offers to professionals and individuals an online platform for analyzing online publications related to cyberbullying called "Safebear" (hereinafter the "Safebear Services").
The User acknowledges having read and accepted without reservation the General Conditions of Use and the Data Protection Policy prior to the validation of the order(s) for Services. The obligations and duties arising from the General Conditions of Use are applicable to the User and Safebear (hereinafter together or individually the "Party/Parties") from the use of the Safebear Services.
When a Safebear account is used as a professional or on behalf of a company, entity, or organization (collectively "user organization"), you declare and guarantee that you: (i) are an authorized representative of the user organization with the power to bind this organization to these General Conditions of Use and grant the permissions stated; and (ii) accept these General Conditions of Use on behalf of the user organization.
Article 1. User of the Services
The User acknowledges and accepts that the legal provisions relating to distance selling provided by the Consumer Code stipulate that the right of withdrawal does not apply to online services (article L 121.20.4 of the Consumer Code). Thus, for any order of service provision made with Safebear, the User has no right of withdrawal.
1.2. In the event that the User is a minor child, the use of the Safebear Services can only be done under the supervision of a parent or legal guardian who acknowledges having informed themselves of all the legal provisions governing their civil and criminal obligations, particularly with respect to third parties regarding the minors concerned, having read and accepted the general conditions of the platforms and social networks used by the minors.
1.3. The Safebear services are also not accessible to users already excluded from Safebear services by Safebear, or to any person prohibited from receiving them under legal provisions, judicial or administrative decisions.
Article 2. Creation of Account
2.1. Access to the Safebear Service is conditioned on the creation of an account, requiring the User to provide a certain number of information concerning them, including their names, first names, a copy of an identity document, banking information, and login identifiers for one or more social network(s). By using the Services and transmitting information related to their social network accounts, the User grants Safebear and its partners the right to access their social networks and the content they contain and to carry out the collection and processing of data corresponding to the Safebear services.
2.2. The User remains solely responsible for maintaining the confidentiality of the login identifiers chosen for the account opening, and for restricting access to the computer equipment (phone, tablet, computer, etc.) used for the use of the Safebear Service. The User acknowledges that the information transmitted for the creation of the account is and will be accurate, precise, and unambiguous. Safebear cannot be held responsible for losses, damages, or deficiencies resulting from inaccurate, incomplete, or otherwise defective information or documents provided by the User. Unless expressly authorized in writing by Safebear, the User may not sell, rent, transfer, share, or give access to their account to anyone else, including, but not limited to, charging anyone for access to the account's administrator rights. Safebear reserves all rights and legal remedies available to prevent unauthorized use of the Safebear Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, contacting an internet service provider (ISP) regarding such unauthorized use.
Article 3. Accessibility of Safebear Services
3.1. As part of the Contract, Safebear declares and guarantees that it has sufficient skills in new technologies and communication to carry out the services subject to the General Terms of Use in full compliance with the rules of the art and with all required diligence. Given the nature of the obligations and missions presented, the Parties agree that the services provided by Safebear within the framework of the Safebear Services result from an obligation of means.
3.2. Safebear makes every effort to make the Safebear Services available almost permanently. However, Safebear may need to interrupt these services for reasons inherent to operational and maintenance constraints. Safebear cannot therefore guarantee the constant availability of the Safebear Services. Furthermore, it is specified that the Internet network and the computer and telecommunications systems used by the Subscriber in the context of accessing and using the Safebear Services are not free from errors, and interruptions and failures may occasionally occur. Safebear cannot provide any guarantee in this regard and cannot therefore be held responsible for any damages inherent to said uses of the Internet network and computer and telecommunications systems, including but not limited to: (a) the poor transmission and/or reception of any data and/or.
Information sur Internet
(d) any other malfunction of the Internet network preventing the proper functioning and/or smooth operation of the Safebear Services.
3.3. For reasons related in particular to system security and stability, Safebear may be required to automatically update, preload, create new versions of the Safebear Services or improve them, and consequently, the system configuration required for the use of the software may evolve over time. The Subscriber accepts said automatic updates and acknowledges that the General Terms of Use do not grant him any right to demand updates, new versions, or other improvements made to the Safebear Services. Safebear decides to provide said updates, etc. at its sole discretion.
3.4. Finally, the Safebear Services may contain images and/or hyperlinks to websites managed by third parties (hereinafter "Third Party Sites"). Safebear exercises no control over the Third Party Sites and assumes no responsibility for them. These links are provided for informational purposes only, and the decision to consult these Third Party Sites is the sole and full responsibility of the User.
Article 4. Règles d’utilisation
The User acknowledges that additional conditions may apply for access to certain content of the Safebear Services, particularly when such content is subject to restrictions from rights holders. Similarly, access to certain content may evolve at the sole discretion of Safebear. By accessing the Safebear Services or using them, the User agrees to comply with all applicable laws and the rights of third parties, including not to:
Display, transmit, or upload through the Safebear services:
One or more pieces of content that are indecent, pornographic, degrading, defamatory, fraudulent, obscene, threatening, harassing, or inciting racial hatred.
One or more pieces of content promoting gambling or encouraging illegal activities that infringe intellectual property rights such as "piracy," unauthorized access to information systems "cracking," or "phreaking," or more generally, activities punishable by law.
Spam messages (unsolicited commercial prospecting via electronic means) or promoting pyramid selling practices.
Use the Safebear Services for purposes contrary to applicable laws.
Use the Safebear Services to defame, harass, threaten, or violate the rights of another user of the Safebear Services, including, without limitation, rights related to personal data protection, the right to privacy, and the right to freedom of expression.
Impersonate a natural or legal person (including Safebear) or falsely present oneself as being affiliated with another natural or legal person;
Restrict or prevent a third party from using or enjoying the Safebear Services in whole or in part;
Reproduce, duplicate, copy, sell, resell, or exploit for commercial purposes, all or part of the Safebear Services.
Using Safebear Services to Promote Products and Services Without Obtaining Our Prior Consent
Safebear reserves the right to terminate any use of Safebear Services made in case of violation of these terms.
Article 5. Responsibility
5.1. The Safebear Services provided under the General Terms of Use are made available "as is" without any warranty of any kind. Safebear excludes any verbal or written warranty, express or implied, including but not limited to, any warranty of quality, functionality, suitability, or fitness for a particular purpose. The User assumes all risks related to the use or performance of the Safebear Services.
5.2. It is reminded in this regard that the presentation of the content analyzed by Safebear does not constitute a certain legal and criminal qualification of the analyzed and reported publications; only legal advice from a qualified professional or a judicial authority can specify or confirm the information presented by the Safebear Services. Safebear does not guarantee the validity or admissibility of elements derived from Safebear before the courts in the context of administrative, disciplinary, or judicial proceedings, as these prerogatives exclusively fall to the civil, criminal, or administrative judge.
5.3. Safebear shall not be liable to the User for any damage whatsoever, direct or indirect, (including business interruptions, loss of profits, loss of information, files, or other monetary losses without this list being exhaustive) arising from the Contract, the use or inability to use the Safebear Services, even if Safebear had been advised of the possibility of such damages. Safebear shall also not be held responsible for losses, damages, or deficiencies resulting from inaccurate, incomplete, or otherwise defective information or documents provided by the User.
5.4. To the extent permitted by applicable law, the User agrees that any cause of action arising from or related to the Safebear Services must commence within one (1) year after the cause of action is discovered. Otherwise, this action is permanently excluded.
5.5. To the extent permitted by applicable laws, Safebear assumes no responsibility for any user content from its social networks (hereinafter "User Content") or for any loss or damage resulting therefrom, and Safebear is also not responsible for any error, defamation, slander, allegation, omission, lie, obscenity, pornography, or blasphemy encountered in the use of the Safebear Services. You use the Safebear services at your own risk. Furthermore, these rules do not create any rights for the benefit of a third party or any reasonable expectation that the Safebear services will not contain any content prohibited by these rules. Safebear is not responsible for the statements or representations included in the User Content. Safebear does not endorse the User Content, the opinion, recommendation, or advice expressed therein and, to the extent permitted by applicable law, Safebear expressly disclaims any liability in connection with the User Content. Any use of the Safebear Services in violation of the above infringes these Terms of Use and may result, among other things, in the termination or suspension of your rights to use the Safebear Services.
Article 6. Termination
The User may terminate their license to use the Safebear Services, at their sole discretion, at any time, by ceasing to use the Safebear Services or by deleting the operation of the created Account. To the fullest extent permitted by applicable law, Safebear reserves the right, without notice and at its sole discretion, to cease providing the Safebear Services (or any feature) to the User, to terminate these General Terms of Use, to terminate the license to use the Safebear Services (including for posting User Content), and to block or prevent future access and use of the Safebear Services for any reason whatsoever, including, but not limited to, if: (a) the use of the Safebear services violates these General Terms of Use or applicable law; (b) there is fraudulent or abusive use of the Safebear Services; or (c) if Safebear is unable to continue providing the Safebear Services for legitimate technical, legal, or commercial reasons.
Article 7. Intellectual Property
7.1. Safebear is the sole owner of the Safebear Services in all of its components, including, but not limited to, the Safebear trademarks and logos, visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, texts, images, data, audio files, other files, and the selection and arrangement of these (collectively, the "Materials"), protected by intellectual property rights and associated legal and regulatory provisions.
7.2. Under the terms provided in the General Terms of Use, Safebear grants the User a personal, limited, non-assignable, and non-transferable license to access the Safebear Services. This license does not allow the User to engage in any of the following activities: (a) the resale or commercial use of the Safebear Services or the Materials; (b) the distribution, public performance, or public display of the Materials; (c) the modification or any other derivative use of the Safebear Services or the Materials, or any part thereof; (d) the use of any data mining methods, robots, or similar data collection or extraction methods; (e) the downloading (except for caching pages) of any part of the Safebear Services, the Materials, or any information they contain, except in cases expressly permitted on the Safebear Services; or (f) any use of the Safebear Services or the Materials, except for the intended purposes.
7.3. Any use of the Safebear Services as well as any information associated with the Contract, except as expressly permitted in the General Terms of Use, without the prior written permission of Safebear, is strictly prohibited and may constitute an infringement of intellectual property rights or other laws. Safebear reserves all rights not expressly granted in these General Terms of Use.
Article 8. Data Protection Law and GDPR
In the context of their contractual relations, the Parties commit to respect for their respective personal data databases the applicable regulations in force regarding the processing of personal data and, in particular, Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms (the "Data Protection Law") as well as the transposed provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (hereinafter, "the European Data Protection Regulation"). The use of Safebear Services results in the processing of the User's personal data in accordance with the conditions defined in the Personal Data Protection Policy accessible here.
Article 9. Miscellaneous Provisions
9.1. Any notification concerning the General Terms of Use must be sent by registered letter with acknowledgment of receipt, addressed to the registered office of Safebear.
9.2. The General Terms of Use, its preamble, and any annexes that are an integral part of it, contain the entirety of the agreement of the General Terms of Use regarding its subject. It replaces and cancels any prior agreement, written or verbal, that may have been made between the Parties in connection with the use of Safebear Services.
9.3. In the event that one of the provisions of the General Terms of Use is null or canceled, the Parties will strive to replace it with a provision of the closest legal and economic effect, and the other provisions will continue to produce their effect in accordance with the intentions of the Parties, as they result from the General Terms of Use.
9.4. The fact that Safebear does not invoke at any given time any of the clauses of the General Terms of Use or a failure by the other Party to any of the obligations referred to in the General Terms of Use cannot be interpreted as a waiver by Safebear to subsequently invoke any of the said contractual stipulations.
9.5. The Parties will not be liable for the non-performance of their obligations in the event of the occurrence of a force majeure. There is force majeure when an event beyond the control of a Party, which could not have been reasonably foreseen at the conclusion of the General Terms of Use and whose effects cannot be avoided by appropriate measures, prevents the performance of its obligation. If the impediment is temporary, the performance of the obligation is suspended, unless the resulting delay justifies the termination of the contract. If the duration of the impediment exceeds one month, the parties must consult as soon as possible to examine in good faith the evolution of the contract. If the impediment is definitive, the contract is resolved by operation of law under the conditions provided for in Articles 951 and 951-1 of the French Civil Code, if it seems appropriate to the party that is impeded. Without this list being exhaustive, it is expressly agreed that the following events are notably considered as cases of force majeure: occurrence of a natural disaster, earthquake, storm, fire, flood, etc., armed conflict, war, attacks, labor conflict, total or partial strike at Safebear, labor conflict, total or partial strike at distributors, service providers, carriers, postal services, public services, etc., imperative injunctions from public authorities (import bans, embargoes, etc.), operational accidents, machine breakdowns, explosions, negligence of Safebear.
Each Party will inform the other party, without delay, of the occurrence of a case of force majeure of which it becomes aware and which, in its eyes, is likely to affect the execution of the contract.
9.6. It is expressly agreed that the data from the information system of Safebear or its subcontractors, such as connection logs, consumption statements, order and payment summaries, management reports of the Services or others, are fully enforceable against the Subscriber and admissible even in the context of contentious proceedings.
9.7. The User acknowledges that the Safebear Services as well as its possible pricing conditions may evolve and can be modified at any time by Safebear, with the User's consent to the changes proposed by Safebear. In this case, Safebear will inform the Subscriber by email of any amendment within thirty (30) calendar days preceding the entry into force of said amendment. The User may notify their refusal to continue using the Safebear Services by terminating these conditions and stopping the use of the Safebear Services. The absence of termination by the User from the date of entry into force will constitute acceptance of all proposed amendments.
10.1. The Contract is subject to French law.
10.2. The Parties agree, before initiating legal proceedings, to seek an amicable solution to their dispute: for this purpose, the Party that believes a dispute has arisen will notify the other by registered mail, outlining the terms of the dispute. A meeting must take place within fifteen (15) calendar days of sending this letter, and if no amicable solution is reached within thirty (30) calendar days, each Party may initiate any legal proceedings it deems appropriate.
10.3. Any dispute concerning the validity, interpretation, or execution of the Contract that cannot be resolved amicably by the Parties will be brought before the competent courts of Paris.
