TERMS AND CONDITIONS OF USE

Status as of January 1, 2019

These Terms and Conditions of Use for arketiks Applications (hereinafter “the Products”) are between the person who has subscribed an online account (hereinafter the “Customer”) and VisionCompliance SA (hereinafter “the Company”), a public limited company, registered with the Trade Registry of Geneva, Switzerland. arketiks is a registered trademark owned by the Company.

Content

ARTICLE 1. DEFINITIONS 

ARTICLE 2. TOPIC 

ARTICLE 3. THE CUSTOMER 

ARTICLE 4. OPENING THE ACCOUNT 

ARTICLE 5. OBLIGATIONS AND RIGHTS OF THE COMPANY 

ARTICLE 6. OBLIGATIONS OF THE CUSTOMER 

ARTICLE 7. DURATION OF THE LICENSE 

ARTICLE 8. TERMINATION 

ARTICLE 9. FINANCIAL CONDITIONS 

ARTICLE 10. COMMUNICATION WITH THE CUSTOMER 

ARTICLE 11. INTELLECTUAL PROPERTY AND OWNED DATA PROPERTY 

ARTICLE 12. ACCESS TO PRODUCTS 

ARTICLE 13. SECURITY 

ARTICLE 14. RESPONSABILITY 

ARTICLE 15. FORCE MAJEURE 

ARTICLE 16. PERSONAL DATA 

ARTICLE 17. MISCELLANEOUS 

ARTICLE 1. DEFINITIONS

Subscription: registration by the Customer of his data to have an online account. The subscription gives the right to a license of use of the Products.

Online account: exists as soon as the person who has subscribed an online account receives a login and password to access the Products

Customer: Anyone who subscribes to an online account for paid or free use of the Products. The person may be a representative of a legal person; in this case, the Customer is the legal person.

License of use: (also referred to as the license) is a right to access and use of the Products. The license can be free or paid. The license does not give any intellectual property rights to the Products. The license of use binds the Customer to the Company. The fact of having a license obliges the Customer to respect these Terms and Conditions of Use.

ARTICLE 2. TOPIC

The Terms and Conditions of Use define how the Customer will access and use arketiks applications offered by the Company. Upon subscription to an online account, the Customer has the obligation to comply with these Terms and Conditions of Use.

The Customer can choose between two types of license to use the Products. The free license and the paid license.

With the free license, the Customer has a free license for a single use of the Products. The features of the Products made available for free may be limited. On the other hand, a watermark containing the logo “arketiks” is displayed on the content of the Customer’s achievements made with the Products. The Customer of the free license is considered a Customer according to these Terms and Conditions of Use of Use and must therefore respect them.

With the paid license, the Customer defines, using the price calculator on the arketiks website, the number of users who will have access to the Products. Then he confirms his subscription and makes the payment, opening the rights to the number of users determined at the time of the subscription.

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ARTICLE 3. THE CUSTOMER

The Customer may be a natural or legal person. He is the sole co-contractor to the Company.

As soon as a person has access to the use of the Products, he becomes a Customer of the Company and must comply with these Terms and Conditions of Use, regardless of whether he has subscribed to a free or paid license.

The Customer who has purchased a paid license is responsible for the payments due.

When the Customer is a legal entity, access to the Products is only allowed to the employees of the Customer.

When the Customer is a natural person, the latter is not authorized to provide access to the Products to a third party.

When a legal person is the Customer, the users (hereinafter “the Users”), for which the Customer has subscribed to the Products, must also respect these Terms and Conditions of Use. In case of non-respect of the Terms and Conditions of Use by the Customer’s Users, the latter assumes full responsibility.

ARTICLE 4. OPENING THE ACCOUNT

The Customer must provide his complete identity, a valid email address and all the necessary information for the creation of an online account.

The license for the use of the Products is granted to the Customer. The Customer has a login and a password. The paid license is associated with a defined number of Users, each having a specific access linked to his email. The license does not allow simultaneous access to the Products by multiple Users with the same email / password.

As part of a paid license, Customer may at any time add access to the Products for additional Users via the dedicated interface on my.arketiks.com. The price of his subscription will be updated to reflect the new number of Users.

Accounts created by robots or automatic methods are strictly prohibited

ARTICLE 5. OBLIGATIONS AND RIGHTS OF THE COMPANY

The Company carries out daily maintenance operations on the Products, except weekends and Swiss public holidays.

The personal data of the Customer, collected during the use of the Products, are kept on secure equipments in application of the technical norms according to the rules of the art and that during all the duration of the license.

The Company undertakes not to disseminate, reproduce or share the achievements of Customers and Users of its Products.

In case of doubt to the conformity of the content hosted, under these Terms and Conditions of Use, and because of its responsibilities as a data host, the Company reserves the right to consult the content posted online by Customers and Users. .

As soon as the license to use the Products is not renewed by the Customer, the Company deletes all the achievements of Customer and its Users, hosted by the Company.

Throughout the subscription to a paid license to the Products, the Company provides technical support to Customers. Support access is available from Monday to Friday from 9am to 6pm, with an average response time of 1 business day.

If the use of the bandwidth and storage space used by the Customer and its Users significantly exceeds the average usage (determined by the Company) of the other Customers of the Company, the latter reserves the right to immediately deactivate the customer’s account until it reduces its use of the platform.

ARTICLE 6. OBLIGATIONS OF THE CUSTOMER

Customer represents and warrants knowledge of the characteristics and constraints of the Internet, response times to view, query or transfer information. The Customer declares that he is aware of the security measures put in place by the Company, but acknowledges that due to the characteristics of the Internet, security is, for the Company, an obligation of means. In particular, the Company cannot be responsible for the unavailability of the Products due to the fact of its providers.

Customer confirms that it is interested in the use of the Products for communication or training activities of its employees, partners or Customers or any other use remaining within the scope of these Terms and Conditions of Use. It is not authorized to use the Products to test their performance and functionality in order to offer competing products / services.

In the context of the use of the Products, the Customer undertakes, for himself and his Users, not to pursue illegal activities, to download, transmit or distribute illegal, malicious, deceptive or morally offensive content, to third parties or their rights, or encouraging the continuation of illegal activities.

The Customer is responsible for his data, for any content that he or his Users disseminate or for the use that the Customer or its Users make of the Products and, more generally, the respect of the regulations by the Customer and its Users. Customer warrants the Company against any claim by a third party in this respect and will indemnify the Company for any consequences (damages, convictions, costs, including legal and legal fees, etc.) of such a request.

It is Customer’s responsibility to ensure that he has sufficient hardware, software and resources to use the Products.

Customer agrees not to modify, reproduce or pirate the Products and / or not to modify or create another website in order to mislead potential Customers and to let them believe that this website is associated with Arketiks Products.

Customer agrees not to reproduce, duplicate, copy, sell, resell, or otherwise exploit any part of the Products.

Customer agrees not to transmit any viruses or other code that may cause the Products to malfunction or be damaged.

ARTICLE 7. DURATION OF THE LICENSE


The free license is concluded for an indefinite period of time beginning on the date of creation of the Customer account. This free license is intended to enable Customer to test the functionality of the Products. In order to ensure a quality service to all of its Customers, the Company analyzes the frequency of use of its Products. If it is determined that the Customer does not actively use the Products, the Company reserves the right to unilaterally close the inactive accounts. An email will be sent 1 week before the effective closing of the account decided by the Company. Customer may then request the extension of his account.

The paid license, is established for a duration of use of 1 month or 1 year, according to the choice of billing period of the Customer. In case of monthly billing, the license term is set to one month. The renewal of the license is automatic from one month to the next except in the event of a breach of payment by the Customer. In case of annual billing, the license is renewed automatically every year. No refund can be requested from the Company if Customer no longer wishes to use the Products while the license is not yet completed.

When the license (free or paid) ends, all the achievements of the Customers and its Users stored through the Products will be deleted. To avoid any loss, it is recommended to Customer to download his achievements on his own server.

ARTICLE 8. TERMINATION

In case of non-compliance by the Customer or its Users with any of the obligations incumbent upon them individually or collectively in accordance with these Terms and Conditions of Use, the Company reserves the right to immediately interrupt access to the Products. This right of suspension is without prejudice to other remedies of the Company, including its right to terminate the license to use.

In the event of late payment of the license, the Company reserves the right to suspend access to the Products. The cancellation of the license will occur in case of non-payment of the amount due, not regularized after formal notice.

The termination of a license (free or paid) has the consequence that all the achievements of the Customers and its Users stored through the Products will be deleted immediately.

ARTICLE 9. FINANCIAL CONDITIONS

When subscribing to a paid license, the Customer pays in advance the price allowing the use of the Products for the duration chosen by the Customer (monthly or annual license renewable automatically).

Payment is made at each new deadline chosen by the Customer by an automatic debit on Customer’s credit card.

The Company reserves the right to revise the price of access to the Products by notifying the Customer by email. Such a price change can only be made during the renewal of the license (monthly or annual). The Company will notify Customer 30 days prior to the price change. Thus, the Customer has the faculty of not renewing his license of use. Without Customer’s response, the Company will consider that Customer accepts the new rate.

ARTICLE 10. COMMUNICATION WITH THE CUSTOMER

The Company communicates with the Customer by email via the email address of the Customer mentioned when subscribing to the free or paid license. Customer will use the email address client@arketiks.com to contact the Company.

The Company only communicates with the Customer and not with the Users.

In case of modification of these Terms and Conditions of Use, the Company will inform its Customer at the email address of the Customer.

ARTICLE 11. INTELLECTUAL PROPERTY AND OWNED DATA PROPERTY

Customer retains full ownership of the data and content that it and its Users integrate through the use of the Products. Upon termination of the license, Customer must perform its backups to retain its files. For the Products, all copyrights, trademarks and other intellectual property rights (whether registered or not) as well as any other proprietary rights or other rights in the Products, guides to use and the related documentation are and will in all circumstances be the exclusive property of the Company. The use of the Products gives no right to the Customer and its Users on the ownership of the Products, including intellectual property.

ARTICLE 12. ACCESS TO PRODUCTS

The Company guarantees that it has all the rights necessary for the Customer to have access to the Products, provided that Customer uses this access in accordance with the provisions of these Terms and Conditions of Use.

Access to the Products is done remotely via the Internet in the form of “Service as a Software” or SaaS.

The use of usernames and passwords (hereinafter “Access Codes”) will be required to access the Products upon each login.

The Customer is solely responsible for the preservation, security and integrity of the Access Codes communicated when opening his account.

The Company reserves the right to suspend access to the Products in the event of legitimate suspicion of fraudulent use or attempted fraudulent use of the Products. The Company will inform the Customer as soon as possible of such a situation. The Company reserves the right to inform the competent authorities.

ARTICLE 13. SECURITY

The Parties recognize that, despite the high level of security standards provided by the AWS data center (an Amazon service):

(i) the data transmitted over the Internet passes through independent electronic communication networks with different characteristics and capacities and which are sometimes overloaded,

(ii) The Internet is an open network and therefore the information transmitted by this means is not protected against the risk of misappropriation, fraudulent, malicious or unauthorized intrusion into Customer’s information system, piracy unauthorized extraction or tampering of data, system programs and files, computer virus contamination, and

(iii) Customer is responsible for taking all appropriate measures including awareness and control of the activities of its Users to protect its information system and data against virus contamination and unauthorized intrusion attempt by third parties.

Consequently, Customer uses access to the Products at his own risk.

ARTICLE 14. RESPONSABILITY

The Company can only be held responsible for its own actions under the license of use and cannot be held responsible for any indirect damages that may arise from the use of the Products, including loss of profits, profit, image, customer, activity, reputation or expected gain, time spent by employees or service providers or loss of opportunity.

The Company cannot be held responsible for the contents of any kind, provided or made accessible by the Customer and its Users, through the Products (hereinafter, the “Contents”). Customer acknowledges its responsibility for the Content and warrants the Company against any claim or action by third parties relating to the Content. The Customer shall indemnify the Company against all consequences (damages, costs, including legal fees, etc.) or any judgment pronounced against the Company by an enforceable court decision.

The Company warrants to the Customer that Customer Content will not be sold and / or assigned to any third party.

In addition, the Company cannot be held responsible for the transmission or the quality of data transmission, the quality and availability of data transmission networks or interruptions of service, blockages or interruptions of the means of transmission and telecommunication means or the inaccessibility of the Products due to maintenance, malfunction of Customer’s equipment or electronic communication networks.

The Company cannot be held liable for indirect damages. Non-material damages, including costs, including legal fees, are considered indirect damages.

In any case, the liability of the Company cannot be incurred beyond the amount of the current license (monthly or annual).

The introduction of any claim by Customer may not authorize the Customer to withhold the payment of a sum resulting from the license and expired payment.

The Company cannot under any circumstances be held responsible for information, advice of use and recommendations made by Customers or Users of Products.

The Customer warrants to the Company that the Content is lawfully and legally posted online and not contrary to public decency and applicable public policy and does not infringe the rights of the Company or third parties. Customer represents and warrants to the Company that all transactions made by it and its Users, directly or indirectly through the Products, will be in accordance with the law applicable to its activities and these Terms and Conditions of Use.

ARTICLE 15. FORCE MAJEURE

The Parties cannot be responsible in case of impossibility of access and use of the Products due to a case of force majeure, as defined by the Swiss case law. In addition, shall be deemed to be force majeure, any act of terrorism, war, foreign or civil war, earthquake, aircraft or plane crash, fire, flood, storm, natural disaster, external strike to the Party claiming force majeure, degradation, suspension or alteration of an electronic communication medium used in the context of energy restrictions, government restrictions, legal and, more generally, any facts or events beyond the control of the Company preventing the access and use of the Products.

In the event of an extension of force majeure beyond thirty (30) consecutive days, each Party shall have the option to terminate its license by notifying the other Party by email. No refund can be requested from the Company for payments already made.

ARTICLE 16. PERSONAL DATA

Access and use of the Products may result in the collection and processing of personal data. The use of which is subject to the provisions of applicable Swiss data protection laws. The Company guarantees to the Customer that the personal data relating to the Customer and its Users will only be disclosed to the persons in charge of the maintenance of the Products. The Company warrants to the Customer that the personal data relating to the Customer and its Users and of which the Company is the data controller will in no case be sold and / or assigned to a third party.

The Customer undertakes to inform his Users that they have a right of access to their personal data and the rectification thereof. This right may be exercised with the Company under the conditions provided for by law.

The Company has published a personal data protection policy. The document is available here as well as in the “Information” section at the bottom of the arketiks.com website. This privacy policy is an integral part of these Terms and Conditions of Use.

ARTICLE 17. MISCELLANEOUS

Except with the prior written consent of the other Party, each Party shall not assign or transfer to a third party all or part of its rights or obligations under a subscription to a license of use.

Customer acknowledges and agrees that the Company may use subcontractors and agents for the purposes of enforcing the license to use the Products.

If any provision of these Terms and Conditions of Use is or becomes unlawful, void or unenforceable, this shall not affect the validity or enforceability of any other provision of the Terms and Conditions of Use.

These Terms and Conditions of Use replace previous Terms and Conditions of Use.

The use of the Products and the application of these Terms and Conditions of Use are subject to Swiss law, which will also govern their interpretation and application. The place for any claim being Geneva.

Do you have questions?

Our sales team is here to answer you, please contact us at info@arketiks.com