Term and conditions

1.     Identification of the Company

LEGAL 230 (the “Company”) is a French simplified joint-stock company, registered with the Paris Trade and Companies Register under the number 885324129, whose registered office is located at 75 Boulevard Haussmann, 75008 – Paris, France.

The Company may be contacted through these contact details:

• email address: contact@legal230.com,
• phone number: +33 (0)1 84 80 21 20

2.     Services offered

The Company offers legal professionals (the « Clients« ) legal translations, certified translations carried out by sworn translators, legal validation of documents of foreign origin and interpretation services (the « Services« ).

These Services are delivered through the platform https://lexamt.com/  (the « Platform« ).

The Company offers various Service offers (the “Offers”) and in particular:

• The « Pay as you use » Offer, under which the Client pays only for the Services ordered.

• Subscription Offers under which the Client benefits from the Services in return for the payment of a subscription.

• The « Enterprise » Offer based on a quote according to the specific needs of the Client.

All the Offers are presented on the Company’s website, which is accessible here: https://lexamt.com/abonnements-lexa/ (the « Website« ).

• Information on the Terms and Conditions 

How the Terms and Conditions work	The Terms and Conditions (the ‘Terms and Conditions‘) are the main document governing the contractual relationship and define: the terms of use of the Services,the respective obligations of the Company and the Client.
Location of the Terms and Conditions	The Client can access the Terms and Conditions via a direct link at the bottom of the Platform page.
Terms of acceptance of the Terms and Conditions	The Client accepts the Terms and Conditions by checking a box provided for this purpose at the end of the subscription process for the selected Offer. If the Client does not accept all of the Terms and Conditions, they cannot access the Services.   The Terms and Conditions may be supplemented by Special Conditions, which, in case of contradiction, shall prevail over the Terms and Conditions.
The quote (the “Quote”)	The ‘Enterprise’ Offer is a personalised Offer based on a Quote.In this case, the Client is invited to accept the Quote in writing (including by email) within the period indicated therein. This acceptance constitutes acceptance of the Terms and Conditions in their version in force on the date of the Quote.In the event of any contradiction, the most recent Quote shall prevail over the Terms and Conditions.The Quote may be followed by the issuance of purchase order(s) which must be validated by the Company.

4.     Conditions for accessing Services

• The Client is a legal person acting through a natural person with the required authority or authorisation to contract in the name of the Client and on its behalf.

• The Client is a professional, understood as any natural or legal person, acting for purposes  falling within the scope of any legal field activities.

5.     Terms of subscription to the Services

Subscription requires that the Client register on the Platform by completing the form provided for this purpose. The Client must provide the Company with all the information marked as mandatory. Any incomplete registration will not be confirmed.

Registration automatically leads to the opening of an account in the name of the Client (the “Account”), which allows it access to the Services using a login ID and password.

Following validation of the creation of its Account, the Client may subscribe to the Services directly on the Platform.

Acceptance of these Terms and Conditions is indicated by a check box at the end of the subscription process.

Once the Client’s Account has been created, the Client may create access for users (the ‘Users‘) within the limit of the number provided for in the Services subscribed to.

The Client is solely responsible for creating access for Users, the configuration of their access rights and their personal use of the Platform.

6.     Description of Services

6.1           Services

Prior to any subscription, the Client acknowledges that they can take note on the Platform of the characteristics of the Services and their constraints, in particular any technical constraints.

The Client acknowledges that the implementation of the Services requires being connected to the internet and that the quality of the Services depends on this connection, which the Company is not responsible for.

All the Services are described on the Website. The Company reserves the possibility of proposing any other Offer and/or Service.

Any request to modify the Services subscribed to will require a new subscription.

6.2           Maintenance, hosting, technical support

6.2.1       Maintenance

During the term of the Platform Services, the Client benefits from maintenance, in particular corrective and scalable maintenance. In this context, access to the Platform may be restricted or suspended.

As regards corrective maintenance, the Company shall make every effort to provide the Client with corrective maintenance in order to correct any malfunction or bug found on the Platform.

As regards scalable maintenance, the Client benefits during the term of the Platform Services from scalable maintenance, which the Company may carry out automatically and without prior notice, and which includes improvements to the features of the Platform technical installations used within the framework of the Platform (aiming to introduce minor or major extensions).

Access to the Platform may otherwise be limited or suspended for scheduled maintenance, which may include the corrective and scalable maintenance operations mentioned above.

6.2.2       Hosting

The Company ensures, under the terms of an obligation of means, the hosting of the Platform, as well as the data produced and/or entered by/on the Platform, on its servers or through a professional hosting provider and on servers located in a European Union territory.

6.2.3       Technical support

In the event of any difficulty encountered while using the Services, the Client may contact the Company using the contact details mentioned in the article entitled “Identification of the Company”.

7.     Duration

• Duration of the ‘Pay as you use’ Offer

Under a « Pay as you use » Offer, the Client subscribes to the Services for an indefinite period.

The Client may terminate access to the Services at any time via the Platform, provided that the Client has paid for all the Services.

• Duration of Subscription Offers

Under a Subscription Offer, the Client subscribes to the Services in the form of a subscription that begins on the day of subscription for an initial period indicated on the Platform (the ‘Subscription‘).

The Subscription is automatically renewed, for successive periods of the same duration as the initial period (with the initial period, the « Periods« ), from date to date, unless the Subscription is terminated by giving one month’s notice before the end of the current Subscription Period. 

• Duration of the Enterprise Offer

The duration of the Enterprise Offer is indicated in the Quote.

8.     Financial conditions

• Pricing

8.1.1       ‘Pay as you use’ Offer

The price of the Services  requested by the Client is indicated after the Client’s request on the Platform. The Price of a Service is calculated according to the Client’s request.

Any Service ordered by a User is due in full.

Unless stated otherwise, the prices of the Services are expressed in euros and excluding taxes.

The Company is free to propose promotional offers or price reductions.

8.1.2       Subscription Offer

The Subscription prices are indicated on the Platform. The Price of a Subscription is indicated per User.

Any Subscription subscribed to by the Client is due in full.

Unless stated otherwise, Subscription prices are expressed in euros and excluding taxes.

The Company is free to propose promotional offers or price reductions.

8.1.3       Enterprise Offer

As part of the Enterprise Offer, the prices are indicated in the Quote.

Any Price mentioned in the Quote must be paid in full by the Client.

• Company invoicing and payment terms

The Company sends the Client an invoice by any appropriate means, including by email.

For the « Pay as you use » Offer, and Subscription Offers, payment for the Services is made either:

• by credit card through the secure online payment service specified on the Company’s Platform,
• by direct debit, if the option is activated for the Client.

By way of exception, for Subscription Offers with a minimum duration of one year, payment may also be made upon receipt of the invoice within 15 days at the Client’s request.

For the Enterprise Offer, the invoicing and payment terms are indicated in the Quote. If there is no such stipulation in the Quote, the terms of the Subscription Offer as stipulated in these Terms and Conditions shall apply.

• Late payment and non-payment

In any case, in the event of late payment or non-payment, the Company reserves the right, from the day after the due date appearing on the invoice, to charge for its benefit late payment interest equal to 3 times the statutory interest rate, based on the amount of sums not paid on the due date and a fixed indemnity of 40 euros for recovery costs, without prejudice to additional compensation if the recovery costs actually incurred are higher than this amount.

The Company also reserves the right, within 15 calendar days of receipt of a formal notice by registered letter, which has had no effect, to immediately suspend the Services in progress until payment of all sums due.

9.     Client’s right of withdrawal

The Client has a right of withdrawal (i) if it is a professional with 5 employees or less, (ii) purchases goods or services that do not fall within its main field of activity (i.e. does not directly or indirectly affect the Services) and (iii) the contract is concluded “off premises”, namely:

• in a place, other than the premises of the Company, where itself and the Client were physically and simultaneously present together,
• at the Client’s premises or by means of a remote communication technique, immediately after the Company has personally and individually solicited the Client (i) in a place different from that of the premises of the Company and (ii) where itself and the Client were physically and simultaneously present together.

10.  Intellectual property rights

10.1        Intellectual property rights on the Platform

The Platform is the property of the Company, as are the software, infrastructure, databases and content of any kind (texts, images, visuals, music, logos, trademarks, etc.) that it uses. They are protected by all intellectual property rights or database producer rights in force. The licence granted by the Company to the Client does not involve any transfer of ownership.

The Client has a non-exclusive, personal and non-transferable licence in SaaS mode exclusive, to use the Platform for the duration provided for in the article entitled “Duration of subscription to the Services”.

The parties may use their respective names, trademarks and logos and refer to their respective platforms, as commercial references, for a period of 3 years from the acceptance of the Terms and Conditions.

10.2        Intellectual property rights on Contents

The Client retains all intellectual property rights relating to any element belonging to the Client and existing prior to the Contract, including all data, documents, texts and contents (the « Contents« ) of the Client necessary for the performance of the Services.

The Client grants the Company a non-exclusive licence to use the Client’s Contents in connection with the performance of the Services and the application of the « Data » article.

This licence of use is granted for the duration of the Services, worldwide, without any restrictions or reservations.

10.3        Intellectual property rights on Translations

The Company assigns to the Client, on an exclusive basis, as and when they are created, the translations resulting from the Services (the « Translations« ), as well as all the intellectual property rights relating thereto, including without exception or reservation all the rights of reproduction, representation, translation, adaptation, transformation and arrangement, for any use and for any direct and indirect exploitation of all or part of the Translations, and any creation derived therefrom, regardless of the mode, and for any reason whatsoever, in all forms and on all media, including those not foreseeable or not foreseen on the date of the assignment.

This assignment of intellectual property rights is effective in all places, both in France and abroad, and for the legal duration of the copyright on the Translations.

The Company acknowledges that any modifications, adaptations, developments, evolutions, translations, transcriptions, etc., of the Translations, are the exclusive intellectual property of the Client. The cost of the transfer of rights is included in the price of the Services due by the Client to the Company.

11.  Testimonies

The Client may produce testimonies about its use of the Services.

Accordingly, the Client agrees that the Company may:

• distribute the testimonies free of charge on the Platform and on all other French or foreign websites, published by all companies with which the Company has agreements, by any means and on any medium, for the purpose of promoting the Platform,
• translate testimonies into any languages,
• modify (in particular the framing, format and colours) and/or adapt the testimonies (in particular to the technical constraints of the Platform [alterations or deterioration in their quality]).

12.  The Client’s obligations and warranties

1. The Client undertakes to provide the Contents, which are the subject of the Services, as well as all documents, elements, data, and information necessary for the proper performance of the Services.

The Client is solely responsible for their accuracy and completeness. The Company cannot under any circumstances be held liable for any errors, misprints, omissions or indications of such a nature as to mislead the Company.

1. The Client undertakes submit the Contents in their final form and in digital format within the deadlines set by the Company, by any means.

1. The Client is committed to actively cooperating with the Company in good faith, with a view to the proper performance of the Services. In this regard, when specific terminology must be respected, the Client agrees to provide glossaries and/or reference texts.

1. The Client undertakes to respect any deadlines imposed by the Company.

Any delay that is attributable to the Client postpones the agreed delivery times accordingly.

1. Regarding the Account, the Client:
2. warrants that the information provided in the form is accurate and undertakes to update it,
3. acknowledges that this information serves as proof of identity and is binding as soon as it is validated,
4. is responsible for keeping its username and password confidential and secure. Any access to the Platform using them is deemed to have been made by the Client.

The Client must contact the Company immediately, using the contact details mentioned in the article entitled “Identification de the Company”, if it finds that its Account has been used without its knowledge. It acknowledges that the Company shall have the right to take all appropriate measures in such a case.

1. The Client is responsible for its use of the Platform and for any information that it shares in this context. It agrees to use the Platform personally and not to allow any third party to use them in its place or on its behalf. The Client is also responsible for the use of the Platform and the Services by the Users. It undertakes that the Services will be used exclusively by it and/or the Users, who are subject to the same obligations as it in their use of the Services.

1. The Client shall refrain from misappropriating the Services for purposes other than those for which they were designed, and in particular to:
2. engage in any illegal or fraudulent activity,
3. undermine public order and morality,
4. infringe third parties or their rights in any way,
5. breach a contractual, legislative or regulatory provision,
6. engage in any activity likely to interfere with the IT system of a third party, in particular for the purpose of violating the integrity or security thereof,
7. perform actions to promote its services and/or sites or those of a third party,
8. assist or incite a third party to engage in one or more of the acts or activities listed above.

The Client also undertakes not to:

• copy, modify or misappropriate any element belonging to the Company or any concept it uses within the framework of the Services,
• behave in a way likely to interfere with or the Company’s IT systems or breach its IT security measures,
• harm the Company’s financial, commercial or moral rights and interests,
• market, transfer or provide access in any way to the Services, to the information hosted on the Platform or to any element belonging to the Company.

1. The Client warrants that the Contents:  
2. Do not undermine public order and morality (pornographic, obscene, indecent, shocking or inappropriate for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist),
3. Do not infringe on the rights of third parties (infringing content, infringement of personality rights, etc.) and, more generally, do not breach a contractual, legislative or regulatory provision,
4. Are not detrimental to third parties in any way,
5. Are not false, misleading or suggesting or promoting illicit, fraudulent or misleading activities.

1. The Client guarantees the Company against any claim and/or action that may be brought against it as a result of the breach of one of the Client’s obligations. The Client will compensate the Company for the damage suffered and will reimburse it for all sums it may have to bear as a result.

13.  The Company’s obligation and liability

1. The Company undertakes to provide the Services with all the care, diligence and skill required, according to best industry practice. However, the Client recognises that each language has different keywords that are appropriate for that particular language and target market. As such, translations and interpretations can be performed in various ways and the Company is free to opt for the translation or interpretation that it deems most appropriate, unless the Client expressly requests a specific translation or interpretation by sending a glossary and/or a terminology list. 

1. As the Services are limited to translation, the Company does not study the quality and legality of the Contents and its liability can in no case be incurred in this regard.

1. The Company shall make every effort to comply with the schedule for the performance of the Services. Its liability cannot be incurred, except in the event of proven fault on its part.

1. The Company shall make every effort to provide the Client with quality Platform Services. To this end, it carries out regular checks to verify the operation and accessibility of its Platform Services and can thus perform maintenance under the conditions specified in the article entitled “Maintenance”.

However, the Company is not liable for any temporary difficulties or impossibilities of access to its Platform Services caused by:

• circumstances external to its network (particularly the partial or total failure of the Client’s servers),
  • failure of equipment, wiring, services or networks not included in its Platform Services or which is not under its responsibility,
  • interruption of the Services due to telecom operators or internet service providers,
  • the Client’s intervention, particularly through an incorrect configuration applied to the Platform Services,
  • a force majeure event.

The Company is responsible for the operation of its servers, the outer limits of which are formed by the connection points.

In addition, it does not guarantee that the Platform Services:

• subject to constant research to improve performance and progress in particular, will be totally free from errors, defects or faults,
• being standard and in no way offered according to the Client’s personal constraints, will respond specifically to its needs and expectations.

1. The Company shall make every effort to maintain access to the Platform 24/7 except in the event of scheduled maintenance under the conditions defined in the article entitled “Maintenance” or in case of force majeure.

1. The Company shall make every effort to save all data produced and/or entered by/on the la Platform.

Except in case of proven fault on the part of the Company, it is nevertheless not liable for any loss of data during maintenance operations.

1. The Company provides sufficient storage capacities for the operation of the Platform Services.

The Company shall make every effort to ensure data security by implementing measures to protect infrastructures and the Platform, detect and prevent malicious acts and recover data.

1. The Company may use subcontractors in the performance of the Services, who are subject to the same obligations as its own in the context of their work. It nevertheless remains solely responsible for the proper performance of the Services with respect to the Client.

The Company may replace any person who will be subrogated in all its rights and obligations under its contractual relationship with the Client. If necessary, it will inform the Client of this replacement by any written means.

14.  Company limitation of liability

The liability of the Company is limited only to proven direct damages that the Client incurs as a result of using the Services.

Apart from bodily injury, death and gross negligence, and subject to having issued a complaint by registered letter with acknowledgement of receipt, within one month of the occurrence of the damage, the Company cannot be held liable for an amount greater than the amounts it has received in connection with the provision of the Services.

Moreover, the Company cannot be held liable, for any reason whatsoever, if the Client makes any adaptation, translation, modification, arrangement or correction of the Contents.

15.  Types of evidence accepted

Evidence can be established by any means.

The Client is informed that the messages exchanged through the Platform, as well as the data collected on the Platform and the Company’s IT equipment are the main form of accepted evidence, particularly to demonstrate the reality of the Services carried out and the calculation of their price.

16.  Confidentiality

Unless agreed in writing by the other party, the parties respectively undertake to keep confidential, for the duration of their contractual relationship and for 3 years thereafter, all information relating to or held by the other party, of which they would have become aware during the conclusion and performance of their contractual relationship.

This obligation does not extend to information:

• of which the receiving party was already aware,
• which was already public at the time of its communication or which would become public without breach of this clause.
• that has been received from a third party in a lawful manner,
• the communication of which may be required by the judicial authorities pursuant to the laws and regulations, or for the purpose of establishing a party’s rights under the contractual relationship between the parties.

Confidential information may be passed on to the respective employees, staff, trainees, agents and co-contractors of the parties, provided that they are subject to the same confidentiality obligation.

17.  Social regulations

The Company must provide the Client, as soon as the total amount of the Services is at least 5,000 euros excluding tax, at the Client’s request and as often as necessary, until the end of the performance of the Services, with the following documents:

1. a document certifying the registration of the company dated less than 3 months ago (identification card in case of registration on the register of trades, K or K bis extract in the event of registration with the Trade and Companies Register),
2. an up-to-date certificate of vigilance attesting to the provision of social declarations from the social protection body responsible for collecting social security contributions and dues.

18.  Data security and confidentiality

The Company undertakes to request the prior consent of the Client before any use of its data, in particular the data from all the Content shared by the Client (the ‘Data‘), for the purposes of training, refining and improving the Platform. The consent thus given by the Client may be freely revoked at any time on its Account.

In the event that the Client gives its consent, the Company formally undertakes to use the Data only after its pseudonymisation, so that no personal or identifiable information is used in the training process template. The Company will make its best efforts to enable the anonymisation of the Data;

In all cases, the Company undertakes to put in place appropriate technical and organisational measures to guarantee the security, protection and confidentiality of the Data against any unauthorised access, use or disclosure.

For more information on the Company’s commitments regarding data confidentiality and security, the Client is invited to consult the dedicated page available at this address: https://legal230.com/

19.  Personal data processing methods

1. Methods of processing personal data by the Parties as data controllers as part of the management of the contractual relationship

The Parties undertake, each as far as it is concerned, to comply with all the legal and regulatory obligations incumbent upon them in terms of the protection of personal data, in particular Law 78-17 78-17 of 6 January 1978 in its last amended version known as the French Data Protection Act and EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the GDPR (hereinafter together the “Applicable Regulations”).

For the purposes of managing the contractual relationship between the Parties, each Party processes the personal data of the other Party’s contacts as a data controller within the meaning of the Applicable Regulations, for the duration of the Terms and Conditions. This processing is necessary for the proper performance of Terms and Conditions and only concerns identification data (including surname, first name, email address, telephone number) of the contact persons.

The staff of the Parties, their departments responsible for control (notably the auditor) and their processors may have access to the personal data collected.

This processing may result in the exercise by the contact persons of the Parties of their rights provided for by the Applicable Regulations, i.e.: (i) to obtain disclosure and, where appropriate, rectification or deletion of data concerning them, (ii) to request the erasure or limitation of processing, (iii) to object to processing for legitimate reasons, (iv) to request the portability of data concerning them, in order to recover and store it, and (v) to lodge a complaint with a competent supervisory authority.

1. Methods for the processing of personal data by the Company in its capacity as a processor 

1. Description of the processing outsourced

As part of the Services, the Company is required to process personal data in the name and on behalf of the Client as a processor, while the Client acts as a data controller within the meaning of the Applicable Regulations, in particular when the Client uses the Services and the Users are required to enter identification data of other Users or employees of the Client as part of project management. The characteristics of the processing operations are described in Appendix 1 of the Terms and Conditions.

1. Obligations of the Company towards the Client

• Data processing:

The Company undertakes to process personal data only for the purposes listed in Appendix 1 and in accordance with the Client’s documented instructions, including with regard to the transfer of data outside the European Union. The Company undertakes to inform the Client if, in its opinion, an instruction constitutes a breach of the Applicable Regulations. The Company reserves the right to suspend, without incurring its contractual liability as a result of this suspension, the processing until the Client modifies the instruction in question so that it no longer violates the applicable Regulations. This suspension does not give rise to any refund of the price of the Services for the suspension period. If the Client does not modify but maintains the instruction in question, the Company reserves the right to terminate the Contract immediately and without charge.

Moreover, if the Company is required to transfer data to a third country or to an international organisation, under the law applicable to these Terms and Conditions, it must inform the Client of this legal obligation before carrying out any processing, unless the relevant law prohibits such information for important reasons of public interest.

• Data security and confidentiality:

The Company undertakes to implement appropriate technical and organisational measures to ensure the security and integrity of personal data, its backup, as well as the restoration of its availability in the event of a physical or technical incident. The Company shall also ensure that the persons authorised to process personal data are subject to the obligation to preserve the confidentiality thereof.

• Other processors:

The Company is authorised to use the processors listed in Appendix 1 hereof to carry out specific processing activities in connection with the processing of the personal data of Customers (hereinafter the ‘Sub-processors‘).

Sub-processors are required to respect the obligations of the Terms and Conditions on behalf of and according to the instructions of the Client. It is up to the Company to ensure that the Sub-processors offer the same sufficient guarantees as to the implementation of appropriate technical and organisational measures so that the processing meets the requirements of the Applicable Regulations.

If Sub-processors do not fulfil their data protection obligations, the Company remains fully liable to the Client for the Sub-processor’s performance of their obligations.

In the event of a change to the list of authorised Sub-processors, the Company will inform the Client in advance and by any written means, including email. This information must clearly indicate the outsourced processing activities, the identity and contact details of the Sub-processor.

The Client has a period of 15 days from the date of receipt of this information to  refuse sub-processing by the Sub-processor. If no notifications of objections are received after this period, the Client shall be deemed to have accepted the use of the Sub-processor.

If the Client does not accept the Sub-processor, it must terminate the Services in accordance with the terms and conditions set out in the article « Termination of User Licences, end of Services ».

• Transfer of personal data outside of the European Union:

The Company is authorised to transfer the personal data processed within the framework of these Terms and Conditions to countries outside the European Union, subject to the implementation of appropriate safeguards as defined in Chapter V of the aforementioned regulations.

• Support and Provision of Information:

The Company undertakes to assist the Client and respond as soon as possible to any request for information sent to it by the Client, whether as part of a request for the exercise of their rights by the data subjects, an impact assessment, or a request made by the data protection authorities or the Client’s DPO.

• Notification of personal data breaches:

The Company undertakes to notify the Client as soon as possible after becoming aware of any breach of personal data  and to provide it with any information and useful documentation relating to this breach.

• What becomes of the data after processing:

The Company undertakes, at its discretion, to delete the personal data at the end of this agreement or to return it to the Client and not to retain any copies, unless required otherwise by the applicable Regulations.

• Reuse of data by the Company:

The Client hereby authorises the Company to process the personal data collected as part of the services (including login and identification data) for the purpose of improving the Services, and in particular to produce statistics on how the Tool is used by users. In this context, the Company will act as a data controller within the meaning of the applicable Regulations and undertakes in this respect to comply with the legal provisions on data protection in the context of the aforementioned processing operations.

• Documentation:

The Company shall make available to the Client, upon request, all the information and documents necessary to demonstrate compliance with its obligations and to enable audits to be carried out. The Client thus has the possibility of carrying out audits once a year and at its own expense to verify the Company’s compliance with the obligations set out in this article. The Client will inform the Company that an audit is to be carried out with a minimum of 2 weeks’ notice. The Company reserves the right to refuse the identity of the selected auditor if it belongs to a rival company. The audit must be carried out during the Company’s working hours and in such a way as to disrupt its activity as little as possible. The audit may not in any way prejudice (i) the technical and organisational security measures deployed by the Company, (ii) the security and confidentiality of the data of the Company’s other clients, or (iii) the proper functioning and organisation of the Company’s production. To the extent possible, the Parties will agree on the scope of the audit in advance. The audit report will be sent to the Company to allow it to make any observations or comments in writing, which will be attached to the final version of the audit report. Each audit report will be treated as confidential information.

1. Obligations of the Client towards the Company:

The Client undertakes to:

• provide the Company with the personal data referred to in Appendix 1, excluding any irrelevant, disproportionate or unnecessary personal data, and excluding any “specific” data within the meaning of the  Applicable Regulations, unless the processing operations warrant it, with the Client being responsible for establishing these justifications and taking all measures, including prior information, collection of consent and security measures, appropriate for such specific data;
• collect under its responsibility, lawfully, fairly and transparently, the personal data provided to the Company, for the performance of its services, and in particular, to ensure the legal basis of this collection and the information due to data subjects;
• keep a register of processing operations and more generally, respect the principles arising from the Applicable Regulations;
• ensure beforehand and throughout the duration of the processing operations, compliance with the obligations provided for by the Applicable Regulations.

20.  Force majeure

The parties cannot be held liable for any breaches or delays in the performance of their contractual obligations due to a case of force majeure occurring during the term of their relationship. Force majeure encompasses:

• any case that meets the conditions of Article 1218 of the French Civil Code and recognised by case law,
• strikes, terrorist attacks, riots, insurrections, wars, government actions, epidemics, natural disasters or faults attributable to a third party telecommunications provider.

If one of the parties is prevented from performing its obligations due to a case of force majeure, it must inform the other party by registered letter with acknowledgement of receipt. The obligations are suspended upon receipt of the letter, and must be resumed within a reasonable time upon the cessation of the force majeure event.

The prevented party nevertheless remains bound by the performance of the obligations which are not affected by a case of force majeure and by any payment obligation.

21.  Penalties in case of breach

In case of breach by the Client of any of its obligations under the Terms and Conditions, the Company reserves the right to suspend/cancel the Client’s access to the Services or to terminate these Terms and Conditions 15 days after receipt by the Client of a formal notice, which has remained without effect, or, if the breach cannot be remedied, by registered letter with acknowledgement of receipt, mentioning the intention to enforce this clause, without prejudice to any damages that may be claimed from the Client.

The end of the Services entails the deletion of the Client’s Account.

22.  End of Services

The Services may be terminated by the Client directly on the Platform, via its Client Account under the conditions specified herein and in particular in the article « Duration« .

The Client and the Users will no longer have access to their Account or to the Platform after the end of the Services.

23.  Modifications of the Terms and Conditions

The Company may amend the Terms and Conditions at any time and will inform the Client thereof by any written means (and in particular by email) at least 15 calendar days before their entry into force.

• ‘Pay as you use’ Offer

If the Client does not accept these modifications, it must unsubscribe from the Services in accordance with the terms provided for in the article “Duration of the Pay as you use Offer”.

If the Client uses the Services after the entry into force of the amended Terms and Conditions, the Company will consider that the Client has accepted them.

• Subscription Offer

The amended Terms and Conditions come into force upon renewal of the Subscription Period.

If the Client does not accept these modifications, it may terminate the Services and not renew its Subscription Period in accordance with the terms and conditions set out in the article ‘Duration of Subscription Offers‘.

• Enterprise Offer

The version of the Terms and Conditions in force is that accepted by the Client on the day of signature of the Quote.

In the event of a modification of the Terms and Conditions, they will not be modified during the commitment period stipulated in the Quote, except with the prior agreement of the Client.

24.  Autonomy of the Terms and Conditions and severability

The Terms and Conditions represent all of the existing commitments between the Parties. They supersede and cancel any previous oral or written commitment relating to the subject of the Terms and Conditions.

The invalidity or inapplicability of any of the stipulations of the Terms and Conditions will not invalidate the other stipulations, which will retain their force and scope. The parties will then come together to make the necessary amendments in good faith so that each of them is in an economic situation comparable to that which would have resulted from the application of the void clause.

25.  No waiver

The absence or waiver, by a party, to exercise or assert any right conferred on it by the Terms and Conditions, can in no way be considered as a waiver of this right in the future, with said waiver having effect only for the event in question.

26.  Language

If the Terms and Conditions are translated into one or more languages, the language of interpretation will be French in the event of contradiction or dispute over the meaning of a term or provision.

27.  Governing law and jurisdiction

The Terms and Conditions are subject to French law and will be governed and interpreted in accordance with French law.

In case of dispute between the parties concerning its validity, its interpretation or its performance, the parties shall endeavour to settle their dispute amicably. Failing agreement within one month of the first notification by any written means sent by one party to the other concerning the dispute in question, said dispute will be subject to the exclusive jurisdiction of the courts of Paris (France), including in the event of multiple defendants and activation of guarantees.

APPENDIX 1: DPA

1. Description of the data processing operations carried out by the Company on behalf of the Client

Purposes of the processing of personal data	Performance of the Services
Type of processing operations	Collection, recording, storage, use, consultation, provision
Type of personal data processed	Customer identification data (e.g. surname, first name, email address, phone number)
Categories of data subjects	Users
Duration of processing operations	Duration of the Terms and Conditions

• List of authorised Sub-processors

Authorised Sub-processors	Outsourced processing operations	Location of processing operations	Appropriate safeguards in place in case of data transfer outside the EU
Oracle	[-]	[-]	[-]
Custom.MT	[-]	[-]	[-]