End-User Licence Agreement
Update date: 01/02/2021
The company DYNAMIC SCREEN, a simplified joint stock company with a capital of 17,380 Euros, registered in the Bordeaux Trade and Companies Register under number 834 702 821, and having its registered office at 48 Rue Thiac - 33000 Bordeaux (hereinafter referred to as "DYNAMIC SCREEN"), operates the COMEEN Platform, which is accessible on the Web at the address accounts.comeen.io (hereinafter referred to as the "Platform")
1. Object
The Platform is a visitor management application connected to G-Suite.
The Platform allows authorized users of the Customer (hereinafter defined as "Users" and "Customer" respectively) to manage the reception of visitors to the Customer's premises and sites.
DYNAMIC SCREEN provides the Customer and its Users with the services of the Platform according to the conditions agreed between them and defined on the Platform (the "Services").
The purpose of these General Terms of Use Users (hereinafter the "GTU" or "GTU Users") is to define the conditions under which the Users authorized by the Customer use the Services as agreed and subscribed by the Customer with DYNAMIC SCREEN.
It is understood that all third party services, and in particular all G-Suite and related services, are subject to their corresponding terms of use, and that DYNAMIC SCREEN is not a party to the agreements and contractual relationships between the Customer and its service providers, suppliers and subcontractors, and in particular concerning the Workspace suite.
In order to access the Services, the User must have been authorized by the Customer, according to the terms agreed between DYNAMIC SCREEN and the Customer. It is understood that the User is a servant, agent or representative of Customer.
The User authorized by the Customer may use the Services under the terms agreed upon between DYNAMIC SCREEN and the Customer. The Customer has warranted to DYNAMIC SCREEN under their contractual relationship that the User has all necessary rights and permissions to use the Services subscribed by the Customer for Users under the terms hereof.
It is expressly acknowledged by the User that the Customer is solely responsible to DYNAMIC SCREEN for the processing of all data (the "Customer Data") provided by the Customer, its authorized Users, as well as the Customer's Visiting customers (as defined below).
It is understood that Customer has granted User all necessary rights, permissions and agreements for the use of the Customer Data and the performance of the Services by User. It is in any event recalled that DYNAMIC SCREEN is not a party to agreements entered into directly between the Customer and its customers and partners using the Services.
Users may access the Platform on the Web using any Internet browser and/or operating system. It is the responsibility of the User to have Internet access and the equipment necessary for such access to use the Services.
The Services are subject to change and DYNAMIC SCREEN may offer additional or new services, which will be integrated into the Solution or the Platform, and which may be subject to additional, separate or supplementary terms and conditions of use.
The manner in which the Platform operates and the terms and conditions with which Users must comply are set forth below.
It is understood that registration, access to the Application and its use in any capacity whatsoever and on the day of the last connection imply full and unreserved acceptance of these T&Cs and the Policy of Use and Data Protection of DYNAMIC SCREEN in their latest draft.
The Customer remains fully responsible to DYNAMIC SCREEN for the use by all its Users of the Services and the Platform.
If any part of the TOU is found to be illegal, invalid or unenforceable for any reason, such provisions shall be deemed unwritten, without affecting the validity of the remaining provisions which shall continue to apply.
The fact that DYNAMIC SCREEN does not prevail at a given time of any of the provisions of these TOS shall not be interpreted as a waiver to prevail later.
2. Definitions
"Administrator" means any person duly authorized by Customer to operate the Platform on Customer's behalf and consent to the necessary authorizations of Users, and in particular to authorize other Administrators.
"Customer": means the entity that has authorized the User to use the User Services on its Network(s).
"GTC" or "User GTC": means these General Terms and Conditions of Use relating to the use of the Platform by Users.
"Visitors GTC" or "Visitors GTC": means the entity that has authorized the User to use the User Services on its Network(s).
"Users GTC" or "Visitors GTC": means the entity that has authorized the User to use the User Services on its Network(s). "Visitors" or "Visitors' GTC": refers to the General Terms and Conditions of Use applicable to Visitors using the Platform known as the "Kiosk". "Personal Data": means, within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the "General Data Protection Regulation" or "GDPR"), any information relating to an identified or identifiable natural person; it being specified that an "identifiable natural person" within the meaning of the GDPR is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
"Customer Data": refers to all information, documents, exchanges and any other content put online, communicated or provided by the Customer and/or the Users and/or its Visitors on the Platform and more generally within the COMEEN Solution.
"DYNAMIC SCREEN": a simplified joint stock company with a capital of 17,380 Euros, registered in the Bordeaux Trade and Companies Register under number 834 702 821, and having its registered office at 48 Rue Thiac, publisher of the Platform.
"Platform Users": means the COMEEN platform accessible on the Web at the address accounts.comeen.io and whose use by Users is subject to these GCU. The Services described herein are accessible on the said Platform, and in particular the Visitor management services relating to the G-Suite diary and the COMEEN dashboard (the "Dashboard")
. "Visitors Platform" or "Kiosk": means the application accessible by Visitors on the Web and iOS and whose use is subject to the Visitors TOS.
"Network": means the space reserved for a Client under the Client's responsibility, and in which Users duly authorized by the Client are permitted, according to the authorizations granted, to use the COMEEN Services.
"Services": refers to all features and services offered by DYNAMIC SCREEN on the Platform. The Services are subject to change.
"COMEEN Solution" or "Solution": refers to the COMEEN solutions, including all interfaces, applications, URLs, and associated products and services developed and operated by DYNAMIC SCREEN, in any form and accessible on all media, platforms and/or operating systems, present or future, and including in particular the User Platform and the Kiosk.
"User" means any person authorized to connect to the Services by Customer in accordance with the provisions hereof, regardless of the access rights and authorizations granted to such person. ("Space Admin", "Space User" or any other user as designated on the Platform on the date hereof), and acting in a professional capacity. It is understood that the User may be a servant, agent or representative of the Customer or of an affiliated company within the meaning of Article L.233-3 of the French Commercial Code. "Visitors": refers to the users of the Kiosk, individuals who are third parties to the Customer's organization and Network, and whose use is subject to the Visitors GTC.
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3. How to register and access services
3.1. Declaration by the User
. The User declares prior to any use of the Platform:
. - That he/she is of legal age and has the capacity to use the Services offered by the Platform;
- That he/she will only use the Platform loyally and in good faith by complying in particular with the GCU and all conditions and policies of DYNAMIC SCREEN .
3.2 Conditions of access and use of the Platform. All costs incurred by the User for access to the Platform and use of the Services, and in particular the connection costs and the costs of acquisition or renewal of computer equipment remain the responsibility of the Customer. The Customer and its Users are solely responsible for the proper functioning of their computer equipment and their access to the Platform. As such, DYNAMIC SCREEN shall not be liable in case of damage to the User's computer equipment by malicious software, or in case of interruption or failure of the User's Internet connection.
3.3 Creating a User account
In order to be able to use the Platform, the User shall, depending on the case and the necessary authorizations, proceed or not to register by completing the registration form and providing all mandatory information, the list of such information being defined in accordance with the terms and conditions set forth in the Data Protection and Use Policy, said list being subject to modification by DYNAMIC SCREEN to ensure the best functioning of the Platform. Failure by the User to provide any mandatory information will prevent registration on the Platform.
It is reminded that any connection may be made through the Customer's and Users' G-Suite accounts. It is reminded that all third party services, and in particular all G-Suite services and associated services, are subject to their corresponding terms of use concluded by the Customer and to which DYNAMIC SCREEN is not party.
Where applicable, the User undertakes to define a strong password according to the conditions defined by DYNAMIC SCREEN for access to its personal space.
The User may also register additional information on his account as defined by DYNAMIC SCREEN on the Platform.
The User agrees to:
a. provide true, accurate, current and complete information regarding his or her information as requested during the registration process; and
b. maintain and promptly update all information concerning them to keep it true, accurate, current and complete. DYNAMIC SCREEN reserves the right to update the list of information required to be provided for the creation and maintenance of User's account at any time.
It is understood that the User represents that he/she has all the necessary authorizations and rights to use the Services.
3.4 General
If the User provides false, inappropriate, outdated or incomplete information, or if DYNAMIC SCREEN has reasonable grounds to suspect that such information is false, inappropriate, outdated or incomplete, DYNAMIC SCREEN reserves the right to delete the User's account and refuse any and all current or future use of the Services.
Temporary or permanent suspension of a User account prevents any use of the Services.
Not having the means to verify either the identity or the quality of Users, DYNAMIC SCREEN can not be held responsible for identity theft in case of fraudulent registration. In any case, any person who would notice the usurpation of his identity during his connection must immediately contact DYNAMIC SCREEN, at the following address: welcome@comeen.io to allow DYNAMIC SCREEN to proceed with investigations and actions. Access to the User's personal space is strictly personal and non-transferable. As such, any use of the User's login and password on the Platform carries the presumption of the User's connection to the Platform. The User is thus solely responsible for the use of his/her login and password, for any information that may be transmitted by the Platform as well as for any use of one of the Platform's services.
The User alone will ensure the confidentiality of his password. The password must not be shared or communicated to third parties. Under no circumstances shall DYNAMIC SCREEN be held responsible for the loss of a login and/or password. If the confidentiality of the User's password is compromised, the User agrees to inform DYNAMIC SCREEN as soon as possible so that a new password can be issued. The User remains responsible for the use of his personal space until he has informed DYNAMIC SCREEN of the risk of compromise of confidentiality.
4. DynamicScreen services
4.1. Platform Services
The User authorized by the Customer may use the Services according to the conditions agreed between DYNAMIC SCREEN and the Customer.
The Services are intended for professional use. The use of the Services is determined by the Customer.
4.2. Additional Services and modification or deletion of Services
. The Platform and Services are subject to change.
DYNAMIC SCREEN may be required to offer additional services or new features related to the Services to the Customer and its Users.
These may be subject to additional, separate or supplementary terms and conditions.
Similarly, DYNAMIC SCREEN may in its sole discretion modify or discontinue any Service or feature. In the event of the removal or modification of any Service or feature, DYNAMIC SCREEN shall provide prior notice to the User as soon as possible.
5. Duration, termination, consequences of termination
5.1. Duration
These TOU take effect on the date the User logs in and, if applicable, registers for use of the Platform and use of the Services, and continues until terminated by the User or by DYNAMIC SCREEN and in any event the expiration or early termination of the contract between the Customer and DYNAMIC SCREEN (the "Term").
5.2. Termination
DYNAMIC SCREEN shall have the right to terminate these TOU or restrict or suspend access to all or part of the Platform Services with immediate effect for any reason and at any time, by simple notification, according to the terms and conditions, if any, agreed between DYNAMIC SCREEN and the Customer.
The User may delete its account by the means specified by DYNAMIC SCREEN , subject to and pursuant to the terms and conditions agreed between the Customer and DYNAMIC SCREEN.
5.3. Consequences of termination
. The consequences of termination are defined in the contract concluded between DYNAMIC SCREEN and the Customer.
6. Availability of the platform, force majeure
The conditions of availability are, where applicable, agreed between DYNAMIC SCREEN and the Customer.
Wherever possible, DYNAMIC SCREEN will inform the User in advance of maintenance operations or updates, according to the conditions agreed between DYNAMIC SCREEN and the Customer. The User hereby waives the right to seek liability from DYNAMIC SCREEN for the functioning and operation of the Platform and the Services.
Similarly, DYNAMIC SCREEN shall not be held liable in the event of malfunction, inability to access, or poor conditions of use of the Platform attributable to a material or equipment of the Customer and / or the User not adapted, disruptions attributable to the access provider of the User, congestion of the Internet, and / or for any other reason unrelated or external to DYNAMIC SCREEN.
7. Confidentiality and protection of personal data
DYNAMIC SCREEN complies with all applicable regulations, including applicable regulations relating to the use or protection of personal data, and in particular on the date hereof, the provisions of Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the "RGPD" Regulation) and the Data Protection Act of 6 January 1978 as amended by the Act of 20 June 2018 on the protection of personal data (the "LIL").
DYNAMIC SCREEN's Data Use and Protection Policy is accessible under this link.
8. Intellectual Property
The Services and the Solution are protected by copyright, trademark and other laws in force in France, in the European Union and in foreign countries. Nothing in these TOU shall give the User the right to use the name of DYNAMIC SCREEN, COMEEN, nor the trademarks, logos, domain names and other distinctive attributes of DYNAMIC SCREEN and/or COMEEN. All right, title and interest in and to the Services and/or DYNAMIC SCREEN and/or COMEEN is and shall remain the exclusive property of DYNAMIC SCREEN.
DYNAMIC SCREEN grants to Customer a personal, non-transferable, non-exclusive license authorizing Customer and its Users to access and use the Platform exclusively in connection with the use of the Services under the terms and conditions of these TOU and the agreements between DYNAMIC SCREEN and Customer.
Content (other than Customer Data and Personal Data of Customer, Users and Visitors) included or accessible on and/or through the Platform, including any text, graphic, logo, name, trademark, designation, tab, feature, image, design, animation, sound, photograph, graph, data, database, interfaces, web page model, source and object code, computer code, application, method, product, algorithm, invention, patent, trade secret and other content, whether or not registered and/or patentable, and any derivative works thereof, shall remain the exclusive property of DYNAMIC SCREEN. It is protected by intellectual property law and is subject to the laws and regulations applicable in this area.
These elements may not be downloaded, copied, altered, modified, deleted, distributed, transmitted, broadcast, sold, rented, licensed or exploited (in whole or in part) in any manner whatsoever, without the express written consent of DYNAMIC SCREEN . The User agrees not to use or exploit these elements for purposes other than those set forth in these TOU. In addition, except as required by law, the User may not modify, enhance, edit, translate, decompile, disassemble or create derivative work(s) from the COMEEN Platform (in whole or in part), or unless expressly granted such ability by DYNAMIC SCREEN or by the owners of such materials, under a separate agreement.
9. Responsibility
The User agrees to:
- Use the Platform fairly and in good faith;
- Not to use the Platform for illegal purposes or for purposes whose purpose or effect is to cause damage or infringe the rights of DYNAMIC SCREEN or any third party. It is recalled that DYNAMIC SCREEN acts as a platform for networking and that DYNAMIC SCREEN is not a party to the relationship between the Customer and its Visitors, partners and customers. DYNAMIC SCREEN disclaims any responsibility for the results obtained from the use of the Platform, the Services, and more generally the COMEEN Platform by the User. DYNAMIC SCREEN shall not be liable to the User for any direct or indirect material or physical damage to the User and/or any third party caused by the User, which may arise directly or indirectly from the use of the Services and the COMEEN Platform, and it is recalled that the Customer, as well as the User, shall hold DYNAMIC SCREEN harmless from any claim, in particular in the event of damage suffered or committed by the Customer and/or the User as a result of the use of the Services, loss of opportunities or business income linked to the operation or lack of operation of the COMEEN Platform. DYNAMIC SCREEN further disclaims any liability to the Customer, the User and any third party in particular regarding the use of the Services by the User. DYNAMIC SCREEN cannot be held liable to the User or any third party for the User's failure to comply with the TOU.
The User must comply with the following rules of use of the Services:
- Not act in a dishonest manner, by posting inappropriate, objectionable or reprehensible content;
- Not to violate any mandatory rule of confidentiality, particularly in relation to its sector of activity or with regard to the confidentiality commitments to which it is subject - Not to transfer or make the Services available to a third party - Not to provide any service using the Services of DYNAMIC SCREEN without prior written consent from DYNAMIC SCREEN. The User shall ensure that the storage and dissemination of published Customer Data does not constitute:
- a violation of the rights of third parties; and/or
- an infringement of people's rights and privacy; and/or
- a violation of public order and morality.
The User is not permitted to:
- disrupt the operation of the Platform and Services or impose a disproportionate burden on them (e.g. spam, denial of service attacks, viruses, game algorithms); and/or not publish data in any form that contains viruses or any other dangerous code;
- reverse engineer, decompile, disassemble, decipher or generally attempt to obtain the source code of the Platform or any related technology, or any portion thereof, except as may be required by mandatory law of restrictive application - manipulate identifiers in order to conceal the origin of any publication or message transmitted through the Services - use any technique to simulate the appearance or operation of the Platform - use software, devices, hand-coding robots or automata or other means to access, "break down", "analyze" or "index" the Services or any related data or information;
It is recalled that it is agreed between DYNAMIC SCREEN and the Customer that the Customer, through its Users, is required to report any abuse that it may observe on the Platform by:
- communicating, as soon as they are aware of it, any information relating to content allegedly contrary to the legal provisions in force or in violation of the GCU, by mail by registered mail with acknowledgment of receipt to the address indicated in Article 13 hereof - informing DYNAMIC SCREEN of any complaint or action by a third party, in the same way - responding as soon as possible to any request for information from DYNAMIC SCREEN.
10. Evolution of the services, modifications to the TOS
The Services and these TOU are subject to change. DYNAMIC SCREEN may offer additional services in the future that may be integrated into the COMEEN Platform, which may be subject to separate, supplemental and/or additional terms and conditions.
DYNAMIC SCREEN may modify these TOU and any other terms and conditions or policies relating to the use of the COMEEN Platform.
If DYNAMIC SCREEN makes material changes to these TOU, Users shall be notified in advance, and in any event at least 15 days before changes affecting the rights or obligations of any party hereto are made to these TOU, and this shall be done via the Platform, or by any other means, to provide an opportunity to review the changes before they become effective.
In the event of refusal to agree to the TOU and termination hereof, the consequences of termination of the TOU shall be defined by contract between DYNAMIC SCREEN and Customer.
11. Language
As these TOS may be available in different languages, in case of conflict or contradiction between the stipulations of the different versions of these TOS, the French version shall prevail.
12. Evidence, conversation and archiving
The computerized records kept in the systems of DYNAMIC SCREEN in compliance with the rules of art in security will be considered proof of communications. The filing is made on a medium to ensure the faithful and durable required by the legal provisions in force. It is agreed that in case of discrepancy between the computerized records of DYNAMIC SCREEN and the documents in paper or electronic format available to the User, the records of DYNAMIC SCREEN computerized will be authentic.
13. To contact DynamicScreen
For any question concerning the present TOS, DYNAMIC SCREEN can be contacted by the means described below.
- By e-mail to welcome@comeen.io;
- By registered mail with acknowledgment of receipt addressed to:
DYNAMIC SCREEN
48 Rue Thiac
33000 Bordeaux
France
14. Applicable law and jurisdiction
The present GTU are governed by French law.
In the event of a dispute relating to the conclusion, execution, interpretation or termination of these GTUs, the Parties shall endeavor in good faith to find an amicable solution to the said dispute.
In the absence of an amicable solution, exclusive jurisdiction is attributed to the competent court of Bordeaux.