TERMS OF USE

The Terms of Use (hereinafter the « Terms ») are made up of (i) these general terms and conditions of use and (ii) the Privacy Policy. The aim of the Terms is to define the conditions of access and use of the Platform provided by BABYLONE 3L CLIND (hereinafter « CLIND »), and available at the following address URL: clind.io and/or by the means of the CLIND mobile application (hereinafter the « Platform »).

For the purposes of the Terms, the following definitions are agreed:

  • « Client »: refers to a natural person or a legal entity that set up or will set up a Community. The Client has a unique CLIND Account and administrates the Community he/she set up.
  • « Community »: refers to a digital space in which a group of Users with a CLIND Account can access to the Platform’s services through a license subscribed for free or for a fee.  Community is represented by “room” word on the Platform.
  • « CLIND Account »: refers to the right to have access to the Platform’s services, which is assigned to a User and/or a Client. A personal identifier and password is associated to every CLIND Account.
  • « Content »: refers to the information and URL links that the Users and/or Clients communicate within a Community.
  • « Platform »: refers both to the clind.io website and the CLIND mobile application, as well as all the services offered on them by CLIND.
  • « User »: refers to a natural person or a legal entity having a CLIND Account, invited to join one or more Communities and authorized to use the related services and, more generally, the services of the Platform. By default, and unless otherwise stated, the term "User" includes "Client".

All Users are subject to full compliance with the clauses, rights and obligations arising from the Terms.

  1. Legal notices

The clind.io website and the CLIND mobile application are the property of CLIND, a simplified joint-stock company with a share capital of 304,054 Euros, registered in the Paris Trade and Companies Register under the unique number 849 723 259, whose head office is at 101 rue de Sèvres - 75272 PARIS CEDEX 06.

Publishing director: Mr Gilles Chetelat.

The Platform is hosted within the cloud service provided by Google. A website part is also hosted by PlatnetHoster.

For any question, in particular concerning the Terms, please contact product@clind.io or phone at: + 33 (0)7 80 90 48 42.

2. Purposes of the Platform
The Platform is an innovative technological tool dedicated to knowledge content-sharing, which allows each Client to set up one or more Communities in which Users are able to interact.

Thus, the Platform gathers resources communicated by the Users themselves.

3. Access to the Platform and availability

3.1. Access to the Platform

The Platform is accessible everywhere by any User, and more generally by all those who have an Internet access and a CLIND Account.

The opening of a CLIND Account is done by registering directly on the Platform. By registering on the Platform, the User undertakes to provide sincere and accurate information concerning his/her personal data, including his/her email address. The User himself/herself defines his/her personal identifier and password (the "Identifiers") allowing him/her to have access to the CLIND Account (his/her personal space).

The User identifies himself/herself by using his/her Identifiers to access to the Platform’s services.

Every User may request his/her unsubscription by logging on to his/her personal space. Unsubscribing from a CLIND Account is effective immediately.

3.2. Availability

CLIND shall make every effort to ensure that the Platform is available 24 hours a day, 7 days a week, except in the event of unforeseen events beyond its control, force majeure or maintenance.

CLIND is only bound by an obligation of means concerning the accessibility of the Platform and is in no way liable for any interruptions and/or the consequences that may result from them.

CLIND reserves the right to suspend, interrupt or limit, without prior notice, access to all or part of the Platform, in particular for maintenance and updates necessary for its proper functioning and related equipment, or for any other reason, including technical reason.

The User is informed that CLIND may terminate or modify the characteristics of the Platform at any time, without notice, and without the User having any recourse to claim against CLIND.

3.3. Access to the Communities and Content

Once logged-in with his/her Identifiers, the User accesses the homepage of the Platform from which he/she can access to the Communities he/she is member of and to the related Content.

The User can also access his/her personal data on his/her page.

4. Technical limitations
The User acknowledges that in order to be able to use the Platform, he/she must have an Internet network connection and a device connected to this network.

The User undertakes not to upload or transmit from the Platform any data, files, software or links of any kind that contain or redirect to a virus, Trojan horse, worm or other malicious or harmful component, or to any technology that may illegally access the Platform.

CLIND does not guarantee that the Content shared by the Users via the Platform is free of viruses and other malicious or harmful components. It is therefore the Users’ responsibility to take all appropriate steps to protect his/her own data and/or software from contamination by any viruses circulating on the Internet network.

In addition, any downloaded material and/or obtained, in any way whatsoever, when using the Platform, is at the User’s own risk.

CLIND is in no way liable for any damages and/or loss of data suffered by the User’s devices.

5. Use of the Platform

The Terms define a set of rules that any Platform’s User must accept and respect in order to use the Platform’s services.

The User agrees in particular, but not exclusively, to refrain from:

using the Platform for commercial purposes and in general to offer products and services that remunerate he/she directly or indirectly;

reselling or making available to a third party and/or other Users the Platform’s Content, for a fee and/or free of charge;

using the Platform to address, in any form whatsoever, unsolicited advertising or promotional material;

using the Platform to broadcast, in any form whatsoever, Content of a racist, abusive, defamatory, or pornographic nature and, more generally, any Content contrary to morality that infringes third parties rights and/or is likely to infringe applicable law or the Terms;

Directing directly or indirectly the Users, in particular via hypertext links, to websites that may not comply with the applicable law or the Terms;

acting on the Platform, in any way whatsoever, that would be reprehensible under the applicable law or the Terms;

accessing and using the Platform by automated means that compromise or interfere with the integrity or operation of any of our services, systems and/or the Platform, CLIND may suspend or permanently disable access to CLIND Account.

6. Services and functions offered

The Platform offers the possibility for the User to publish external links containing videos, podcasts, articles, books, videos, series and more generally Content of any kind.

The information published by CLIND and contained on the Platform is non-contractual and provided for information purposes only, free of charge and without any obligation binding CLIND, which may change it without notice.

7. Content Publication and Moderation
The User undertakes to comply with the netiquette rules (rules of good conduct on the Internet) as well as the applicable law and the Terms in force for all matters relating to the publication of Content.

When a User publishes links to Content within a Community, the User acknowledges and accepts that by publishing them, he/she is solely liable for the use of links to his/her Content, and more particularly for: (i) the use of links to his/her Content by the Users themselves for which he/she is liable, (ii) the relationships that may arise between he/she and the other Users, in particular any disputes or litigation arising from or relating to the use of the Content, (iii) messages, content, data, comments and information exchanged between the Users.

In addition, the User acknowledges and accepts that the publication of Content on the Platform gives to CLIND the non-exclusive and free right to represent, reproduce, adapt, modify, diffuse and distribute the publication, directly or through an authorized third party, worldwide, on any medium (digital or physical), for the duration of the intellectual property rights.

8. Intellectual property
In general, the User undertakes not to infringe the intellectual property rights (copyright, related rights, sui generis right of the database producer, trademark law, domain names, etc.) of CLIND and/or of any third party.

CLIND is the owner of all intellectual property rights both on the structure and the look-and-feel of the Platform (texts, logos, images, sound elements, software, icons, layout, database...) or has regularly acquired the rights allowing it to use the structure and the look-and-feel of the Platform, without any limitation.

Thus, the User shall not reproduce, represent, adapt, translate, partially or completely transform or transfer the elements of the Platform in any way whatsoever and for any purpose whatsoever, except with the express, prior and written consent of CLIND.

CLIND grants a license to use the Platform for the legal term of copyright protection, such license is non-exclusive, worldwide and free of charge to the User, for his/her strictly personal needs.

In addition, the finding of an abusive download may lead CLIND and/or any third party concerned to impose sanctions that may suspend or permanently disable access to CLIND Account.

CLIND reserves the right to modify the Content communicated on the Platform. The User may not seek CLIND's responsibility for such modifications.

CLIND is the owner of any trademarks and logos that may be reproduced on the Platform apart from the content shared by Users themself which remains the property of the underlying sites. Any reproduction of names or logos, by any means whatsoever, without the prior authorization of the owner concerned is prohibited.

Failure to comply with these provisions may in particular constitute an act of intellectual property rights infringement and/or unfair and parasitic competition engaging the civil and/or criminal liability of the User.

9. Hypertext links

The Users can share links on the Platform that redirect to third-party websites.

In case of access to these websites and/or blogs, the User is invited to refer to the general conditions of use of the websites concerned. The User is informed that by clicking on these hypertext links, he/she will leave the Platform.

Insofar as CLIND cannot control these external websites and sources, it cannot be held liable for the availability of these external websites and sources, and cannot assume any responsibility for the content, advertising, products or services available on or from these external websites or sources.

In addition, CLIND cannot be liable for any proved or alleged damage resulting from or in connection with the use or reliance on the content, goods or services available on these external websites or sources.

10. Cookies

Browsing the Platform may cause cookies to be installed on the User's computer.

Cookies are small files that are temporarily stored on the User's computer hard drive by the User's browser and are necessary for the use of the Platform. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, generated randomly and therefore anonymous. Some cookies expire at the end of the User's visit, others remain.

The information contained in cookies is used to improve the use of the Platform.

Several types of cookies can thus be stored on the User's device when he/she accesses the Platform via the clind.io site:

technical cookies, strictly necessary and indispensable for navigation on the Platform and without which access to the Platform and its services is compromised;

audience measurement cookies, which lifetime does not exceed 13 months;

However, the User is informed of the possibility, via his/her browser software, of opposing the storage of cookies on his/her computer, of receiving a warning message before a cookie is copied, or of deleting cookies from his/her hard drive.

The User is informed that if he/she refuses to install cookies or deletes them, the use of the Platform may be altered or even impossible.

To know the cookies used, the User is invited to refer to the Privacy policy of CLIND.

11. Personal data
The Platform respects the privacy of Users, and all the personal data that the User may communicate. The processing of these personal data is subject to the provisions of Law No. 78-17 of 6 January 1978, known as the "Data Protection Act", as well as to Regulation (EU) nᵒ2016/679, known as the General Data Protection Regulation (hereinafter referred to as the "GPDR").

CLIND invites the User to refer to CLIND's Privacy policy.

12. Security of personal data
In accordance with the regulations in force, CLIND undertakes to make its best efforts to implement technical and organisational measures to protect the security of personal data, prevent them from being distorted or damaged and prevent third parties from accessing them.

The User nevertheless declares that he is fully aware that due to the characteristics and limitations of the Internet network, the data circulating on this network are not protected against any form of intrusion, including by means of hacking.

CLIND cannot be held liable for incidents that may result from a case of force majeure or from the actions of a third party with extraneous cause.

It is the User's responsibility to use all appropriate steps to preserve the confidentiality of information transmitted over the Internet network. Users are therefore advised to handle their personal information with great caution.

For all purposes, it is reminded that the User communicates them at his/her own risk.

13. Guarantees
The User undertakes, when using the Platform, not to violate the laws and regulations in force, the proper use of the Internet and the Terms.

The User is informed that any breach of these provisions may result in legal proceedings and sanctions against him/her.

In general, CLIND is not liable for any use of the Platform and its services that does not comply with the Terms.

The User undertakes to act diligently to respond to any complaint. The User is liable to CLIND and/or third parties for any material and/or immaterial, direct and/or indirect damage of any nature whatsoever caused by the User and/or his/her employees during the use of the Platform that does not comply with the Terms and the laws and/or regulations in force.

14. Duration and amendments of the Terms
The Terms shall come into force upon acceptance and shall remain in force:

towards the Client until the end of his/her subscription;

towards the User until the User's access to the Platform is terminated by the Client, by CLIND or by the User himself/herself.

CLIND reserves the right to modify or update the Terms at any time and without the prior consent of the User. Therefore CLIND advises the User to regularly refer to the latest version of the Terms, which are permanently available on the Platform.

The User receives an email notification to the address associated with his/her CLIND Account or a message through the Platform informing him/her of the amendment of the Terms. The User is informed that any refusal on his/her part results in the automatic deactivation of his/her CLIND Account and his/her unsubscription from the Platform.

The Client is also informed that in the event of an amendment of the Terms, he/she has two (2) months to inform CLIND of his/her refusal of these new terms of use and of the corresponding termination of his/her subscription.

The new terms of use shall enter into force on the date set in the notification of amendment of the Terms.

The User is informed and accepts that in the event of use of the Platform as from the date of entry into force of the new terms of use, such use shall be deemed to constitute acceptance of the revised Terms.

15. Nullity of a clause
The invalidity in whole or in part of one or more provisions of the Terms, pursuant to a legal or regulatory provision or a court decision that has become final, does not entail the invalidity of the other provisions or the part of the provision not affected by the invalidity.

16. Applicable law and dispute resolution
The Terms are subject to French law.

In the event of disputes relating to the interpretation, validity and/or execution of the Terms, the User and CLIND agree to use their best efforts to settle the dispute amicably.

In the event that the Parties are unable to resolve their dispute amicably, the dispute shall be submitted to the competent courts by the most diligent Party.

In particular, the User may also bring the dispute before the court of the place where he lived when the contract was signed or that of the place where the harmful event occurred.