February 11, 2021 version
ARTICLE 1 – Scope
These General Terms and Conditions of Services apply, without restriction or reservation to all sales concluded by the company TRESORIO, hereinafter “the Service Provider ” and all natural or legal persons, consumers or professionals, hereinafter “the Customers”. or the Customer ”, wishing to benefit from the services offered for sale by the Service Provider on the website https://tresorio.com including the website https://platform.tresorio.com, hereinafter“ the Website ”. The General Conditions of Services and all the documents to which they refer form a contract, hereinafter “the Contract ”.
The Service Provider specializes in the provision of Cloud Computing IT services , hereinafter “the Services “, consisting mainly of the provision of shared servers. The list of Services likely to be made available to the Customer are mentioned on the Website. The General Conditions of Services specify in particular the conditions for ordering, paying and providing the Services ordered by Customers.
The main characteristics of the Services and in particular the technical specifications, properties and particularities, are presented on the Website. The Customer is required to read it before placing an order. The choice and subscription to the Services is the sole responsibility of the Customer.
The photographs and graphics presented on the Website are not contractual and cannot engage the responsibility of the Service Provider if necessary.
These General Conditions of Services are accessible at any time on the Website and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these General Conditions of Services, to have accepted them before the implementation of the procedure for ordering the Online Services and declares to comply with them when using the Services.
These General Conditions of Services may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the Website on the date the order is placed.
Unless proven otherwise, the data recorded in the IT system of the Service Provider constitutes proof of all transactions concluded with the Customer.
The Customer acknowledges having the capacity required to contract and acquire the Services offered on the Website.
ARTICLE 2 – Pre-contractual information – Customer acceptance
The fact for the Customer of ordering on the Website implies full adhesion and acceptance of the Contract and obligation to pay for the Services ordered, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against the Service Provider.
ARTICLE 3 – Definitions
Application: refers to all the software programs and solutions made available to the Customer as part of the Services.
Credits: Virtual currency valid only on the Website in return for the use of the Services.
Data: refers to all of the Customer’s information and data stored on the Service Provider’s servers or generated by the implementation of the Applications or processed by them.
Sensitive data : refers to data which, at the discretion of the Client, is identified as being of particular importance to the Client, and which as such requires specific processing in order to protect its content and ensure its availability and security, or of data defined as sensitive by the legislative and regulatory provisions to which the Customer is subject and for which these same provisions envisage specific processing.
Personal Data: refers to data which, within the meaning of the legislation relating to the protection of personal data, makes it possible to designate or identify, directly or indirectly, a natural person.
Data protection legislation: refers to all laws and regulations relating to the protection of personal data and applicable to one or other of the Parties within the framework hereof and in particular, the European General Data Protection Regulation 2016/679 (“ RGPD ”), as well as the national laws adopted in application of the RGPD, including the Data Protection Act of January 6, 1978 as amended.
End User: refers to any person authorized to connect to the Services.
Username: designates the specific term by which each End User will identify himself to connect to the Services. The identifier will always be accompanied by a password specific to the End User.
ARTICLE 4 – Purpose
The purpose of these General Conditions of Services is to define the conditions under which the Service Provider makes the Services and Applications available to the Customer, and the conditions under which the Customer can access and use them.
ARTICLE 5 – Creation of a customer account
In order to be able to order the Services, the Customer must have created an account. To do this, the Customer is invited to enter his personal information directly on the Website on the page reserved for this purpose.
The Customer declares that the information provided is accurate and undertakes to update it during the execution of the Contract.
If the client account is created and used by a person representing the Client, this person declares that he has the capacity and powers to represent and engage the Client.
The Service Provider reserves the right, at any time and in a discretionary manner, to deactivate a customer account for which information is missing, incorrect or fraudulent.
Any order for Services made from the customer account is deemed to have been made by the Customer.
ARTICLE 6 – Process of ordering a Service
The Customer is invited to go to the Website, to create a customer account if he has not already done so (see article 5), to select the desired Services by composing / personalizing the offers according to his needs, to confirm the selected offers and finally to validate his order using the Credits he will have previously acquired (see article 12.2.1). As soon as an order is validated, the Customer receives a confirmation email including all the details of the order.
ARTICLE 7 – Entry into force and duration
The Contract is concluded for an indefinite period from the purchase of the Credits by the Customer and remains in force as long as the Customer uses the Services. Since the Customer pays for the Services according to their use, they are made available to the Customer for an indefinite period, subject to the Customer having sufficient Credits (see article 12). Note that the subscription and execution of a Service remain independent of the subscription and execution of another Service.
The provision of the servers and more generally of the Services by the Service Provider will take place within a maximum period of thirty (30) calendar days from the validation of the order.
When the Customer is a consumer and in accordance with article L.216-2 of the Consumer Code, in the event of the Service Provider’s failure to provide the Service at the expiration of the aforementioned period, the Customer may terminate the Contract. , by registered letter with acknowledgment of receipt or by email to firstname.lastname@example.org. The sums paid by the Customer will be reimbursed to him at the latest within fourteen (14) days following the date on which the Contract was terminated.
ARTICLE 8 – Conditions for the implementation of services
8.1.1. General provisions
The Service Provider makes the Services chosen by the Client available to the Client, for the period provided for in this Contract.
The Services are provided within the framework of a shared infrastructure using the resources of the Service Provider of which it is the owner, subject to the Customer’s compliance with the obligations incumbent on him, in particular with regard to the payment of the price of connection to the network. without which no access to the Services is possible.
The Customer acknowledges having been informed by the Service Provider of all the technical prerequisites necessary for the optimal functioning of the Services. The Customer is also informed of the fact that these prerequisites may change, in particular for technical reasons. If a change occurs during the Contract, the Customer will be informed in advance. All the prerequisites and their possible modifications are brought to the attention of the Customer when ordering and are available at any time on the Website.
The Service Provider does not intervene in the management of the Data used by the Customer as part of the Services. It is therefore up to the Customer to protect himself against any deterioration, modification or loss of his Data, whatever the cause, by regularly carrying out backups or any measures essential to the preservation of his Data. The Service Provider declines all responsibility in this regard.
Furthermore, the Data and / or the use made of it must / must comply with the applicable laws and regulations in force and must not be contrary to customary practice and good morals. If this were the case, the Service Provider reserves the right to interrupt the Services at its sole discretion or to immediately terminate this Contract at the sole fault of the Customer without the latter being able to claim compensation for any damage. The Service Provider reserves the right to claim damages for the actions of the Customer.
The Service Provider informs the Customer that the use of the Services can in particular confer the quality of host to the Customer within the meaning of the law for Confidence in the Digital Economy of June 21, 2004. As such, it belongs to the Customer and to him. only to comply with the resulting obligations.
The Service Provider does not make any commitment with third parties and in particular with beneficiaries of the Customer for the use of the Services.
The Customer has the option of installing software himself on the servers assigned to him. The installation of this software will be done under the full responsibility of the Customer. It is specified that third party licenses are concluded directly by the Customer with third parties. The Customer must ensure that they have the rights and authorizations for the use of this software and their compatibility with the components mentioned on the Website.
Certain Service offers integrate Applications (operating system or addendum in particular) that the Customer undertakes to use in accordance with this Contract. These Applications can be connected or interconnected with elements not supplied by the Service Provider. In this case, the Customer must ensure that he has the rights and authorizations to do so. In any event, the Customer refrains from carrying out any decompilation or similar operations of the Applications.
8.2.2. Specific provisions
– Virtual Machines (VM) offer:
The Customer selects the desired configuration of his virtual machine (in particular its storage capacity), the available operating system (at the Service Provider’s discretion) and chooses the password allowing access to it . The license to use this operating system is not included in the cost of the virtual machine.
Once the configuration and the operating system have been chosen, the Customer is invited to confirm his choice.
If the available resources are insufficient to satisfy the chosen configuration, the Customer is informed and is invited to renew his operation later. As the time limits for making available servers are available, the Service Provider cannot commit to a maximum period of availability. However, in his relationship with a consumer, the maximum duration of availability may not exceed a period of thirty (30) days in which case the consumer may order, by registered letter with acknowledgment of receipt, the Service Provider to provide the service within a reasonable time. Otherwise, the consumer may terminate the contract by sending a registered letter with acknowledgment of receipt.
If the stock is sufficient, the virtual machine is created . An identifier and an IP address are assigned by the Service Provider to the virtual machine and displayed on the Website. The customer can then s e connect through a third-party software for this purpose. The IP address can change each time the virtual machine is restarted.
As mentioned in article 8.2.1., The Service Provider cannot be held responsible for the use made of the virtual machine but reserves the right to terminate the service at its sole discretion if it were to observe a use malicious or not in accordance with the conditions mentioned herein.
The Client has the option to archive and create the backups of the state s a virtual machine . It also has the ability to turn off or restart s a virtual machine or a restore using an older backup. The backups are stored on the Service Provider’s servers and are deleted by the Customer.
TRESORIO reserves the right to limit the storage capacity dedicated to the storage of these backups.
Credits are deducted from the balance every minute (one second started equals one minute).
If the Customer wishes to shut down his virtual machine , only the storage space (block storage) continues to trigger a credit count. The counting of Credits for the use of other resources (in particular the processor ( vCPU ), random access memory (RAM) and graphics card (GPU) ) is suspended . However, in this case, the Customer assumes the risk of not being able to restart the virtual machine due to a lack of available servers, which the Customer recognizes and accepts.
If the Customer wishes to archive his virtual machine, only the archive space (object storage) continues to result in a credit count. The counting of Credits for the use of other resources (in particular the processor ( vCPU ), random access memory (RAM), graphics card (GPU) and block storage (SSD)) is suspended. However, in this case, the Customer assumes the significant delay (several hours) for restarting the virtual machine and the risk of not being able to restart his virtual machine due to a lack of available servers, which the Customer recognizes and accepts. .
If the Customer no longer has Credits, a notification email is sent to the Customer informing them that the Service Provider has shut down the virtual machine and freed the associated resources with the exception of the storage space. The resources are then made available to other users. The Customer has twenty-four (24) hours to turn it back on. If the Customer does not restart his virtual machine within the above-mentioned period, the virtual machine is archived and the storage space is freed and made available to other users . The Customer will always have the option of restarting his virtual machine, subject to the availability of servers . He also has the option of downloading the archive of his virtual machine in .qcow 2 format .
In the event of deletion of the virtual machine by the Customer, confirmation is always requested from the latter. In the event of deletion, all the backed up files and in particular the backups of the state of the virtual machine are permanently deleted .
– Addon Blender offer (3D rendering ) :
The TRESORIO platform allows you to download the “blender” additive and to follow the “blender” software procedure for adding an additive.
It is specified that the choice of a power pack is the sole responsibility of the Customer and that it is up to him to ensure the suitability of this pack for the execution of the desired 3D rendering.
Prior to the launch of a task, the Client will then have the possibility of checking and modifying its parameters and knowing the consumption of Credits required by the task concerned.
The amount of credits debited corresponds to the duration of the task multiplied by the hourly cost of the chosen package. The credits are counted per minute (one second started is equivalent to one minute).
During execution, if a server were to stop, the task desired by the Client is started on another server within the limit of available servers. In the event of unavailability of servers, the Customer will be automatically and fully credited with the amount of Credits withdrawn at the start of the task.
The results of the 3D renderings are stored (and not the downloaded data (3D project belonging to the Client)) on TRESORIO’s servers and the Client is invited to download them. The results are stored until they are deleted by the End User.
TRESORIO reserves the right to limit the storage capacity dedicated to storage.
The Customer acknowledges that if the results are stored on an unreachable site or under maintenance, he will not be able to retrieve his results or only once the connection has been reestablished. The Client is informed that it is his responsibility to download and save the results.
– Virtual mining farm offer (mining ) :
The Client declares and guarantees to the Service Provider that he is familiar with mining, crypto-currencies and Ethereum , Ethereum Classic , Beam and Ravencoin in particular and that he understands the nature and uses of the exploitation of crypto-currencies and of a mining farm.
The Client further declares and guarantees that he will be the beneficial owner of the proceeds of the mining power leased from the Service.
The Customer selects on the Website the desired configuration of his virtual mining farm (in particular the number of graphics cards (GPU) ), the mining software and the mining server (pool) from the options available (at the Service Provider’s discretion. ) and enter the address of the wallet he wishes to use.
In order to be able to use the Service, the Customer must have entered a wallet address compatible with the selected mining software and of which he is the owner.
The Customer acknowledges that he is solely responsible for the accuracy of this wallet address and that the Service Provider cannot be held responsible for the consequences induced by providing an incorrect or fraudulent address.
It is specified that the licenses of third parties (in particular mining software and mining pools) are concluded directly by the Customer with third parties. The Customer must ensure that they have the rights and authorizations for the use of this software and their compatibility with the components mentioned on the Website.
During the configuration of the virtual mining farm, indications on the mining power of the farm ( hashrate ) and on the expected earnings are displayed on the Website. This information is presented for illustrative purposes and reflects nt known elements at the time of the order. These elements are subject to change over time and depend on independent factors that it is up to the Customer to understand. These indications can not therefore be considered as a commitment of any kind on the part of the Service Provider.
Once the configuration has been carried out , the Customer is invited to read these specific provisions and to confirm his choice.
If the stock is sufficient, the virtual mining farm is created. The amount of credits debited corresponds to the price indicated on the Website during configuration. The Credits are counted on confirmation of the order and for a use of one year. The resources allocated to the virtual mining farm will then be dedicated to the Customer for a period of one year.
The Customer can then consult its characteristics and change its configuration on the Website. During the resource rental period, the Customer will be able to modify the software and the mining pool used as well as the wallet address . The Customer acknowledges that any modification will result in a restart of its virtual mining farm.
The Client can delete his virtual mining farm at any time . The deletion does not result in the release of resources dedicated to the Customer and cannot result in a request for reimbursement of the Credits started with the order. The Client will however have the ability to use the leased resources to recreate a new virtual mining farm.
The C binding receive the mining power product controlled directly on the wallet indicated . The Client acknowledges that the proceeds of mining power are retroceded by the selected mining pool and not by the Service Provider. In the event of a problem related to the receipt by the Customer of the mining power product, the Service Provider can therefore in no way be held responsible.
The Customer also acknowledges that the above Services will be provided at best (to the extent possible). The performance of resources and , therefore, the mining output can vary up to 2 5%. The Service Provider takes care to keep all the installations and supplies concerned in good working order, in order to avoid any instability with the diligence that it applies in its operations ( diligencia quam in suis).
The Customer undertakes to take all potential steps applicable in his jurisdiction in connection with the use of the Service.
Without prejudice to the Provider’s obligation to provide the Services to the best of its ability, only any liability of the Provider hereunder and / or in connection with this Agreement will be limited to willful misconduct (willful misconduct) and gross negligence. (Serious neglect). In addition, the service provider will not be liable for any damages suffered by the customer as a result of force majeure which will include any disruption or problem occurring to third party technology or the cryptocurrency market.
Any disruption resulting in an interruption of service of more than twenty-four hours will be compensated by an extension of the duration of the contract . The end date of the rental period is postponed by the exact duration of the interruption.
8.2. Access to services – Availability
Access to the Services is authorized for the number of simultaneous End Users defined directly in the Service offers available on the Website. The Customer is informed that when the maximum number of End Users who can connect simultaneously is reached, access to the Services is impossible for any other End User as long as one of the End Users has not disconnected.
The Customer is solely responsible for access to the Services, it is his responsibility to take all measures to maintain this access. The Service Provider is released from any liability in the event that it is impossible to access the Services due to an event beyond its control.
The Customer may only use the Applications to which the Services give access within the framework of said Services. He is responsible for the use of the Services by End Users. It is their responsibility to ensure that End Users comply with the contractual conditions of access to the Services.
The Customer may not assign in any way the right of access to the Services without the prior written consent of the Service Provider.
The Client undertakes not to allow access to the Services by unauthorized persons and must ensure that each authorized person respects the rules of confidentiality relating to their Identifiers.
The Service Provider undertakes to ensure the availability and security of the Services according to the terms and conditions defined in this Contract.
The Services are accessible by the Customer at any time, 24 hours a day, 7 days a week, with the exception of maintenance periods under the conditions defined below.
Access to the Services by End Users is carried out, for each End User, using their Identifiers from any fixed or laptop computer, even not located on the Customer’s premises and in accordance with the connection procedure communicated. to the client.
Identifiers are assigned individually to each End User. It is up to each End User to define his password.
The Customer must ensure that the confidentiality of the Identifiers and passwords is respected by its End Users. Usernames and passwords can only be used to allow access to the Services of End Users authorized by the Customer, in order to guarantee the security of Customer Data. Usernames and passwords cannot be communicated to third parties.
The Customer is solely and totally responsible for the use and confidentiality of the Identifiers and passwords and must ensure that only authorized persons have access to the Services. He must immediately inform the Service Provider if he notices a security breach linked in particular to the voluntary communication or the misappropriation of identifiers and passwords, so that the Service Provider can take any appropriate measures without delay in order to remedy the problem. the security breach.
In the event of loss or misappropriation of a Username and password, a procedure for assigning new identifiers and defining a new password is implemented. This procedure is described on the Service Provider’s website.
8.3. Interruption of Services
The Customer is informed that the connection to the Services is made via the Internet network. He is warned of technical contingencies which may affect this network and lead to slowdowns or unavailability making connection impossible. The Service Provider cannot be held responsible for difficulties in accessing the Services due to disruptions to the Internet network.
Access to the Services may be temporarily interrupted for reasons of necessity related to the Services and in particular to ensure the maintenance of the Service Provider’s servers. In this case, the Customer will be informed by email to the email address provided when creating their account at least forty-eight (48) hours in advance.
Interruption of Services for maintenance may not exceed twenty-four (24) hours.
In the event of a security breach observed by the Service Provider, likely to seriously compromise the security of the Services and / or the Customer’s Data, the Service Provider may proceed, without notice, to a temporary interruption of the Services in order to remedy the security breach. as soon as possible. In this case, the Customer may not claim any compensation or engage the liability of the Service Provider for any reason whatsoever.
Access to the Services may also be interrupted, immediately and without notice, at the request of an administrative or judicial authority or of a third party under the conditions provided for in Article 6 of the Law for Confidence in the Digital Economy or in the event of non-compliance by the Customer with the provisions of this Contract. The Customer may not claim any compensation or engage the liability of the Service Provider for any reason whatsoever.
The interruption of the Service does not suspend the payment obligation at the expense of the Customer.
The provisions of this article do not deprive the Service Provider of the right to terminate this Contract and of all recourse against the Customer aimed at awarding damages in compensation for the damage suffered by the Service Provider.
The available and actual bandwidth will depend on the number of users connected simultaneously and the bandwidth usage. The Service Provider is thus not able to guarantee bandwidth for the reasons mentioned above.
8.5. Evolution of Services
The Service Provider reserves the right to modify the Services for the purpose of making them evolve. The Service offers will thus be directly modified on the Website. For the Services in use by the Customers, the Service Provider will inform them by all means within a minimum of thirty (30) calendar days before the modification.
During the use of a Service, the Customer as a consumer has, in the event of degradation of the Services, the option to terminate said Service by registered letter with acknowledgment of receipt or by email to the address email@example.com within four (4) months of the implementation of the change.
Article 9 – Maintenance
As regards maintenance, the Service Provider undertakes to take charge of maintaining operational condition and correcting or circumventing any malfunction, difficulty or reproducible incident leading to non-compliance of the Service with its documentation (here-after “ Anomaly ”).
In the event of a malfunction, difficulty or incident, each End User can send the Service Provider’s maintenance center an intervention request including the best possible description of the incident encountered. The service provider’s maintenance center can be contacted 7 days a week, 24 hours a day and 365 days a year by email at the following address: firstname.lastname@example.org The service provider’s maintenance center works in English and French.
The Service Provider’s maintenance center will send the End User an acknowledgment of receipt of the intervention request including an initial description of the incident, its possible qualification as an Anomaly, its processing status and the ticket number. The time limit for taking into account requests for intervention may not exceed four hours, except in the case of Minor Anomalies which must be taken into account within a maximum period of forty-eight (48) hours.
The qualification of incidents as Anomaly is carried out by the Service Provider under the following conditions:
– “Blocking Anomaly” means any Anomaly preventing the use of the Services, or of one or more critical functionalities, without possible circumvention;
– “Major Anomaly” designates an Anomaly significantly disrupting access to one or more non-critical functionalities of the Services, or to a critical functionality that may be circumvented;
– “Minor Anomaly” designates any Anomaly other than Blocking or Major.
The Service Provider’s service center takes care of the resolution of Anomalies from Monday to Friday, excluding public holidays, in a time slot between 9 a.m. and 7 p.m. Upon receipt of a request for intervention, the Service Provider shall take any measure likely to allow its correction in accordance with the service levels below:
– Blocking anomaly: resolution within 24 hours and three working days; – Major anomaly: resolution within 48 hours four working days; – Minor anomaly: resolution within 3 five working days.
In the event of a Blocking Anomaly, the Service Provider must take all measures to provide a workaround within eight (8) hours, pending a final correction within twenty-four (24) hours.
Each intervention by the Service Provider on an Anomaly will be the subject of an Anomaly sheet opened with the Service Provider and comprising in particular a copy of the request for intervention and the diligence deployed for the treatment of the Customer throughout the duration of the Contract. The resolution of an intervention request results in its closure, of which the End User must be informed.
Article 10 – Data
10.1. Data Ownership
The Customer is the sole holder of the rights to the Data processed as part of the Services.
The Customer grants, as necessary, to the Service Provider a non-exclusive and worldwide license, free of charge and non-transferable, allowing it to store said Data for the sole purpose of performing the Services and exclusively in association with or on the occasion of these. .
This license will terminate automatically upon termination of this Agreement.
The Customer declares and guarantees that he has all the authorizations necessary for the use of the Data within the framework of the Services and that he can freely grant a license under the terms mentioned above to the Service Provider.
The Customer further declares and guarantees that by creating, installing or downloading the Data as part of the Services, it does not exceed any right that may have been granted to it over all or part of the Data and that it does not infringe upon third party rights.
The Client undertakes to indemnify the Service Provider for all the financial consequences that the Service Provider may be required to bear due to a breach by the Client with regard to the aforementioned guarantees concerning the Data.
The Customer will take care not to place, during the use of the Services, Data which would require the Service Provider to comply with specific laws or regulations other than those expressly provided for in the Contract.
10.2. Data access
Access to the Data is reserved for the Customer only.
However, with the express authorization of the Customer and for the sole purposes of the Services, the Service Provider may also access them. This access to Data by the Service Provider can only be temporary. The latter must take care not to damage the Data and to no longer allow any access to them as soon as the reasons justifying his intervention have ceased.
The Customer is informed and accepts that the Service Provider can access his Data and transmit it on request from an administrative or judicial authority authorized to access the Data.
10.3. Accessibility and security of data, personal data and sensitive data
As part of the provision of the Services, the Service Provider acknowledges that it is required to process Personal Data in the name and on behalf of the Customer. The Service Provider, acting as a Subcontractor within the meaning of the Applicable Data Protection Legislation, undertakes to process the Personal Data entrusted to it in accordance with the provisions of this Contract.
With regard to Personal Data collected and processed by each of the Parties on their own behalf for the purposes of administrative management of this Contract, and with regard to the staff of the other Party, each of the Parties acknowledges processing them as Data Controller at the meaning of the Applicable Data Protection Legislation and as such undertakes to comply with all the obligations incumbent upon them in this capacity by virtue of said Legislation.
The Customer acknowledges that this Contract describes the conditions under which the Customer can access the Services allowing him in particular to create, sort, modify, process the Data and use said Services, which are able to meet the needs of the Customer, in particular in order to allow the Customer to fulfill his obligations with regard to Personal Data and Sensitive Data. The Service Provider will in no way be responsible for the Customer’s failure to comply with its legal or contractual obligations with regard to Personal Data and Sensitive Data.
The Customer is solely responsible for the creation, selection, design, use of Data by End Users within the framework of the Services. He is also solely responsible for the collection and processing of
Personal Data and Sensitive Data by End Users. When the legislation to which the Client is subject requires the prior authorization of the persons whose Personal Data is processed or when said legislation places a set of obligations on the person called to process such Personal Data, it is the Customer alone and under his sole responsibility to comply with the applicable legislative provisions and obtain any prior authorizations.
The Customer acknowledges that the Service Provider has no control over the transfer of Data via the public telecommunications networks used by the Customer to access the Services and in particular the Internet network. The Customer acknowledges and accepts that the Service Provider cannot guarantee the confidentiality of the Data when it is transferred over said public networks. Consequently, the Service Provider will in no case be held liable in the event, in particular, of misappropriation, collection, corruption of the Data, or any other event likely to affect them, occurring during their transfer over public telecommunications networks. For the purposes of this paragraph, the term “Data” includes Sensitive Data and Personal Data.
Article 11 – Processing of personal data by the Service Provider
As part of the Services, the Service Provider collects the Customer’s personal data. As such, the Service Provider is responsible for processing Customer data for the purposes of managing their request, customer relations, monitoring, and customer assistance. This processing is based on the Contract between the Service Provider and the Customer. On the basis of its legitimate interest, the Service Provider may also use this data for statistical analysis purposes and for the purposes of prospecting and improving its customer knowledge. The Customer can receive commercial offers from the Service Provider by SMS and / or by Email and / or by mail, unless the Customer has objected to this by indicating it when collecting his data or later by exercising his rights in particular the “right of opposition”. The Service Provider may also be required to contact the Customer by email for non-advertising contacts (sending of the invoice, satisfaction survey, order tracking or support service, submission of a notice).
Personal data concerning the Customer is intended for the Service Provider and its subcontractors in charge of carrying out the purposes referred to above.
The Customer’s personal data will be kept for a period of three years from the end of the commercial relationship.
The Customer can exercise all the rights at his disposal under the law known as “ Informatique et Libertés ” (access, rectification, erasure of data, limitation of the processing of his data, opposition to the use of his data, portability of his data, directives relating to the fate of his data after his death) by writing to the address above or by sending an email to email@example.com.
The Customer also has the right to file a complaint with the CNIL.
Article 12 – Financial terms
To use the Services, the Customer must acquire Credits (see article 12.2.). The displayed prices of Credits are expressed in euros excluding taxes (for professionals in particular) and inclusive of all taxes.
The prices invoiced are those indicated when the Credit order is placed (see article 12.2.). The Service Provider reserves the right to modify its prices at any time. Pricing changes are immediately applicable to any new order.
The cost of the Services is expressed in Credits and includes the cost of using the Applications. For current Services, the Customer is informed, by any means, thirty (30) calendar days before the application of the new cost.
During the use of a Service, the Customer, as a consumer, has, in the event of changes in the cost (additional credits for example) of the Services, the right to terminate said Service by registered letter with acknowledgment of receipt. or by email at firstname.lastname@example.org within four (4) months of the price update. This right of termination is not available in the event of tariff changes resulting from unforeseeable circumstances within the meaning of article 1195 of the Civil Code.
In order to benefit from the Services, the Customer must first have acquired Credits. The Service Provider offers the acquisition of these Credits directly on its Site through its partner, the company STRIPE. Thanks to the Credits, the Customer will be able to subscribe and benefit from the Services.
12.2.1. Credit purchases
The purchase of Credits is carried out exclusively on the Customer’s account, access to which is authorized thanks to the Identifiers. The Credit offers are detailed in the Customer’s personal space.
The accepted payment methods are specified directly on the Website.
The purchase of Credits will result in the issuance of an invoice drawn up on a durable medium and sent exclusively by email.
In the absence of payment within the contractual deadlines of all the sums due to the Service Provider in execution of this Contract, the Service Provider will send the Customer a registered letter with acknowledgment of receipt, or by any other means with a certain date of receipt, instructing him to proceed with the payment within fifteen (15) days of receipt of said letter. In the event that after this period, the Customer has not paid all of the sums due in principal, interest and costs, the Service Provider may interrupt access to the Services and will also be authorized to terminate this Contract in full. right, without notice or legal formality, without prejudice to the right to recover all sums due and any damages.
Any delay in payment, of all or part of an amount due on its due date, will conventionally bear interest in its favor at the legal interest rate increased by 3 points. The parties agree that this rate is calculated pro rata temporis per period of one calendar month and that each month started is counted as a whole month. If the Service Provider were to entrust the recovery of his debt to a third party, the Customer would be liable, in addition to this late interest, for the reimbursement of the costs and fees incurred. The parties expressly agree that this clause will apply as of right, without the need to complete any formality or formal notice. In addition to the late payment penalties referred to in the first paragraph and only in the event that the Customer is a professional, any payment of an invoice after the expiry of the payment period will de facto generate for the benefit of the Service Provider, a fixed compensation of forty (40 ) euros per claim as compensation for collection costs.
12.2.2. Use of Credits
Credits will be counted based on the time of use of the Services according to a calculation method defined directly in the Service offers.
As mentioned above, Credits make it possible to subscribe to and benefit from the Services. Credits are personal and non-transferable.
The Credits are valid for twenty-four (24) months from their date of purchase (each Credit having its own date of purchase).
Credits not used at the end of their validity period will be forfeited. The Customer may not claim any reimbursement or compensation whatsoever. The same applies in the event of deletion of the Customer’s account. The Customer will be able to consult the status of the Credits consumed and available on the Website from his account.
The Credits are invoiced on the basis of the quantity of Credits acquired by the Customer. An invoice is then issued following the payment made by the Customer when confirming the purchase of Credits.
Invoices are sent to the Customer, on a durable medium and by e-mail exclusively what the Customer accepts.
Before using the Services, the Service Provider reminds the Customer of his available Credits and the number of Credits necessary for the use of the Services.
Article 13 – Guarantees
The Service Provider guarantees that it has all the intellectual property rights allowing the conclusion of this Contract and that, as such, it guarantees that the Services provided in execution of this Contract do not infringe the rights of third parties and do not constitute not an infringement of a pre-existing work. All the intellectual property elements made available to the Customer by the Service Provider are the exclusive property of the latter or of third parties who have granted them the right to use them. The Service Provider grants the Customer the right to use the aforementioned elements made available to it only within the framework of the execution of this Contract.
The Service Provider guarantees the Customer against any infringement action which could be brought against him by any natural or legal person availing himself of an intellectual property right relating to the Services.
The Service Provider makes no other express or implied warranty relating to the Services, including, in particular, any implied warranty of merchantability or of the suitability of the Services and Applications for a particular objective. The Service Provider does not guarantee the results of the Services and is only bound by an obligation of means. It does not guarantee that the functionality of the Services will meet the Customer’s requirements. The parties recognize that software may contain errors and that not all errors are economically correctable or that it is not always necessary to correct them. The Service Provider does not therefore guarantee that all the failures or errors in the Applications will be corrected.
Article 14 – Liability
The Service Provider may in no case be held responsible for indirect damages suffered by the Customer which may arise as a result of or during the execution of this Contract and its consequences. By indirect damage, we mean in particular, without this list being exhaustive, the loss of gains or profits, loss of opportunity, commercial damage, the consequences of complaints or claims by third parties against the Customer, notwithstanding the fact that the Service Provider would have been warned of the possibility of their occurrence.
In any event, the liability of the Service Provider, in the event of damage to the Customer, for any reason whatsoever and whatever the legal basis invoked or retained, all damages combined and cumulative, will be expressly limited and may in no case exceed ten thousand (10,000) euros.
The liability of the Service Provider cannot however be excluded or capped in the event of bodily injury or damage caused by fraud or gross negligence as defined by case law.
The responsibility of the Service Provider can in no case be sought in case, without this list being exhaustive:
- Use of the Services in a manner not provided for in the user documentation or use not expressly authorized by this Agreement;
- Non-performance, failure, malfunction or unavailability of the Services resulting from a third party, the Customer, a third-party product, a breach of the Customer’s obligations or external circumstances (except in cases of force majeure);
- Modification of all or part of the Applications or of the information accessible via the Services not carried out by the Service Provider or by an approved service provider designated by the latter;
- Use of all or part of the Services when the Service Provider, following a difficulty or for any other reason whatsoever, had recommended that their use be suspended;
- Use of the Services in an environment or in a configuration that does not meet the technical prerequisites of the Service Provider, or in connection with programs or data from third parties not expressly endorsed by the Service Provider;
- Deterioration of systems, applications and other elements installed by the Customer on the infrastructure;
- The occurrence of any damage resulting from fault or negligence on the part of the Customer, or that the latter could have avoided by calling on the advice of the Service Provider;
- Use in connection with the Services of programs not provided or endorsed by the Service Provider and likely to affect the Services or Customer Data
Article 15 – Right of withdrawal (only for consumers)
The Customer has, in accordance with the law, a withdrawal period of fourteen (14) days from the conclusion of the Contract to exercise his right of withdrawal from the Service Provider and cancel his order, without having to justify reasons or pay. penalty, at the end of reimbursement, unless the performance of the services has started, with the Customer’s agreement, before the end of the withdrawal period. In the latter case, the Customer who has exercised his right of withdrawal from a Contract whose execution has begun, at his express request, before the end of the withdrawal period shall pay the Service Provider an amount corresponding to the Service provided until the communication of its decision to withdraw.
The right of withdrawal is exercised, using the attached withdrawal form; by post to the company TRESORIO residing at 11 Rempart Saint-Thiébault in METZ (57000) or to the following email address : email@example.com mentioning the order concerned by this withdrawal.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Services ordered will be reimbursed.
The reimbursement of the sums actually paid by the Customer will be made within fourteen (14) days of receipt by the Service Provider of the notification of the Customer’s withdrawal.
Pursuant to article L.221-18 of the Consumer Code, the right of withdrawal cannot be exercised in the event of the provision of a Service fully executed before the end of the withdrawal period and whose execution has started after express prior agreement of the Customer and express waiver of his right of withdrawal.
Article 16 – Subcontracting
As part of the Services provided, the Service Provider is authorized to use subcontractors for the performance of obligations other than those relating to stored Data for which the Service Provider guarantees the use of its own servers only.
Article 17 – Force majeure
No party can be held responsible for a breach of one of its contractual obligations which would result from the occurrence of a case of force majeure, within the meaning of article 1218 of the Civil Code.
In the event of a case of force majeure, the execution of the contract will initially be suspended for a period of one month.
If the duration of the force majeure is greater than one month, each party may terminate the contract at any time by sending a registered letter with acknowledgment of receipt to the other party, without notice and without compensation from either side.
Are considered as cases of force majeure, in addition to those usually retained by the jurisprudence of French courts and tribunals: wars, social unrest (strikes or lock-out situations), attacks, bad weather, epidemics, earthquakes, floods, damage water, fires, blocking of means of communication, transport or supply (including telecommunications network), etc.
The party invoking the benefit of force majeure must inform the other party as soon as possible by sending a registered letter with acknowledgment of receipt. This letter will include a brief description of the event presenting the characteristics of the force majeure as well as an estimate of its duration, and inform the other party of the normally foreseeable consequences of the force majeure on the performance of the Contract.
Each party undertakes to take all necessary measures to limit the harmful consequences of force majeure for the other party.
Article 18 – Confidentiality
Each party agrees not to disclose confidential information to which it may have access under this Agreement. All information and documents designated as such, which will be transmitted to it by the other Party, whatever the medium used for this transmission (paper, drawings, computer media, etc.) or the form (written , oral, etc.) of this transmission. The parties agree that the following information is considered confidential (without being systematically marked as such), without limitation: any information relating in particular to know-how, data, technical process, software, design, drawing, formula or data test relating to any research project, future development, engineering, marketing, financial, service or manufacturing process, technical or strategic vision of the Service Provider.
Consequently, the parties undertake to limit the communication of confidential information to only those persons assigned to the execution of this Contract. It being specified that each party undertakes to ensure that its staff, its suppliers and any third party intervene respect the strictest confidentiality for all the operations that it carries out within the framework of these presents, by means of the preliminary conclusion and in writing of a confidentiality agreement setting out the obligations of this clause.
However, information which was known to the public prior to its disclosure without a breach of this Agreement will not be considered confidential.
The provisions of this article will remain in force for a period of one year from the end of the contractual relationship between the Parties.
Article 19 – Reversibility
Stopping the Services, for any reason whatsoever, results in the immediate and irreversible destruction of the Data stored on the Service Provider’s servers and used by the Client as part of the Services. Under these conditions, it is the Customer’s sole responsibility to carry out all operations aimed at safeguarding their Data before the Services are stopped. The Service Provider does not carry out any operation to restore or migrate Customer Data.
After stopping the Services, the Service Provider undertakes not to keep any copy of the Customer’s Data.
Article 20 – Insurance
The Client, if he is acting within the framework of a professional activity, declares to be insured for his professional civil liability with a company known to be solvent for all material and immaterial damage that may be attributed to him in the context of the execution of the this Agreement. The Customer undertakes to maintain this insurance throughout the duration of the Contract and to provide proof thereof at the request of the other party.
Article 21 – Respect for laws
The Service Provider will comply with the legal and regulatory obligations applicable to him in his capacity as Service Provider with regard to the law applicable to the Contract. The Service Provider is not required to assume the legal and administrative obligations of the Client, including those relating to
Services provided under the Contract. It is therefore up to the Customer to ensure compliance with the laws and regulations concerning him, without being able to seek the responsibility of the Service Provider.
Unless it is expressly provided elsewhere in these General Conditions of Services, the Services provided by the Service Provider are intended for the country in which the Customer declared his address when creating his account. The use of said Services by End Users who are not located in the country where the Customer has mentioned his address, although not expressly prohibited, provided that the contractual provisions are respected, may in no case allow the Customer to assert his rights in a country different from that to which the services are provided.
Article 22 – Termination for breach
Any failure by a party to any of the obligations imposed on it by this Contract, not repaired within fifteen (15) days from the sending of a notification by registered letter with acknowledgment of receipt, entitles the other party to unilaterally take advantage of the automatic termination of this Contract, without prejudice to any damages to which it may claim under these terms.
After termination, the Customer undertakes within ten (10) days to return to the Service Provider, or to cease using, the access codes to the Services made available to him.
The Service Provider, for his part, undertakes to delete the Data belonging to the Customer following the procedure described in article 17 “Reversibility”.
Article 23 – Jurisdiction and applicable law
The law applicable to this Contract in all its provisions and consequences is French law.
Jurisdiction varies depending on whether the Client is a consumer or a professional. In any event, in the event of a complaint or dispute, the Customer is invited to contact the Service Provider using the contact details mentioned in article 24.9.
23.1. Relationship between the Service Provider and a professional
For all disputes or differences of interpretation relating to the execution or termination of this Contract, the parties agree to appoint by mutual agreement a Mediator. If at the end of a period of fifteen (15) days, the Parties cannot agree on the choice of the latter, the Mediator will be appointed by the President of the Commercial Court within whose jurisdiction he is locates the head office of the Service Provider ruling in summary form at the request of the most diligent party. This Mediator will bring together the parties, make any useful findings and inform them of the consequences of their respective positions. He must offer them, within fifteen (15) days, the elements of a solution likely to settle their dispute while safeguarding their legitimate interests. This proposal will be neither binding nor binding. The costs and fees of this Mediator will be divided in half between the Parties. Any dispute relating to the conclusion, interpretation, execution or termination of this Contract will be submitted to the commercial court in the jurisdiction of which the head office of the Service Provider is exclusively competent, including in summary proceedings, notwithstanding the appeal. guarantee or the plurality of defendants.
23.2. Relationship between the Service Provider and a consumer
All disputes to which the purchase and sale transactions concluded pursuant to this Agreement may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between the Service Provider and the Customer will be subject to the competent courts under the conditions of common law.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission for consumer mediation (C. consom . Art. L 612-1) or with existing sectoral mediation bodies. , and whose references appear on the Website or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 24 – Miscellaneous provisions
In the event that one or more clauses would be declared invalid by a court decision or prove to be impossible to implement, the validity of the other provisions will not be affected and the parties undertake to negotiate in good faith a replacement provision.
The titles and subtitles appearing in these General Conditions of Services are included as a convenience. By express agreement between the parties, these titles and sub-titles may in no case be used to interpret any provision whatsoever hereof.
The fact that a party does not claim the application of any provision of these General Conditions of Services or tolerates non-performance thereof temporarily or permanently, may in no case be interpreted as a waiver by this party. to exercise the rights it holds hereunder. The fact that one party tolerates non-performance or imperfect performance of the General Conditions of Service or more generally of tolerating any act, abstention or omission of the other party that does not comply with the provisions of these General Conditions of Service shall not confer any right whatsoever. to the party which benefits from such tolerance.
24.4. Contract documents
The Contract expresses the entire agreement of the parties and supersedes any prior agreement, written or oral, express and implied. It constitutes the sole will of the parties.
24.5. Assignment of the Contract
This Agreement is not transferable without the prior written consent of the other party. However, the parties are authorized to transfer the Contract to a company belonging to the same group within the meaning of Article L. 233-3 of the Commercial Code, subject to notifying the transfer to the other party by registered letter with acknowledgment of receipt. within thirty (30) days of the occurrence of the said assignment.
24.6. Election of domicile
The parties elect domicile at their respective head office to which notifications must be sent, except in the event of a change of address, which must be notified to the other parties as soon as possible. In the event of a change of address, any notification made to the addresses mentioned in the act or to the last address which was the subject of a notification will be deemed valid, unless it was proved that the party making the notification had knowledge of the effective address of the party to which it sends its notification.
24.7. Promotion of Services
The Service Provider is authorized to take advantage of the commercial relationship maintained with the Customer as part of its advertising and promotional campaigns aimed at its customers and prospects.
24.8. Contact details of the Service Provider
The service provider is identified as follows:
– Name: TRESORIO,
– Company form: Société par Actions Simplifiée (SAS);
– Share capital: 255,000.00 euros,
– Head office: 11 Rempart Saint Thiébault in METZ (57000)
– Registration number: RCS de METZ n ° 820 229 359;
APPENDIX I Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the Website, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Services.
For the attention of the company TRESORIO residing at 11 Rempart Saint-Thiébault in METZ (57000),
I hereby notify the withdrawal of the Contract relating to the ordering of the services below:
– Order of ” Date “: ………………………………………….
– Order number: …………………………………………… ……. .
– Client name : …………………………………………………………………
– Customer’s address: ……………………………………………………… ……. .
Signature of the Client (only if this form is notified on paper):