Last update: 12/06/2013
These General Terms and Conditions determine the conditions for accessing and using the Services developed and made available on the website https://rocketfid.com designed by the company RocketFid SAS.
These Terms and Conditions are expressly drafted in French (France), the only language that carries any legal weight. Any translations are and will be considered non-compliant and non-applicable.
« Administration Interface » the computer application provided by RocketFid SAS accessible on the Internet at the address https://rocketfid.com. Usable at no cost within certain limitations – as defined by RocketFid SAS – or as desired after purchase through a purchase order, this Administration Interface may be operated to configure Widgets and view user statistics on the Internet.
« Application Programming Interface or API » a series of functions available online enabling the construction of applications for Users or Third Party Users
« Third-Party Applications » any application accessible via the Internet, together with any software, however it is accessed and used, provided by individuals and/or companies other than RocketFid SAS. These Third-Party Applications may function, operate, interact and/or communicate with the Services.
« Purchase order » documents enabling one or more purchases to be made in compliance with these GTC.
« Malicious code » this covers viruses, worms, logic bombs, Trojan horses and other harmful or malicious codes, files, scripts, agents or programmes.
« User Account » an account associated with a User enabling the use of the Services.
« CGU » hese General Terms and Conditions for the Services designed, developed and made available by RocketFid SAS on the website https://rocketfid.com.
«Data » any information produced, operated and/or processed by the User when using the Services and/or Bought Services.
« User Data », any information produced by a User in the context of the Services. Depending on the situation, these User Data can be identified as personal data without this being exclusively the case.
« Services » all services made available by RocketFid SAS on the Internet. These Services include Widgets and the Administration Interface available on https://rocketfid.com , which can be used within the conditions and limits defined by the GTC.
« Bought Services » services that must be bought by means of a purchase order. They do not include services provided within the framework of free use.
« Site » the website developed and made available by RocketFid SAS, accessible at the Internet address https://rocketfid.com.
« Company » RocketFid SAS, a joint stock company domiciled at 67 rue saint Jean 33800 BORDEAUX, France.
« User » any individual or legal entity using the services provided by RocketFid SAS.
« Widgets » computer applications accessible via the Internet and integrated by all Users as part of their own websites or applications.
« Third-party Users » all parties authorised by any User to use the Widgets.
Acceptance of Terms and Conditions
The fact that Users access the Site and Services implies their unreserved acceptance of the GTC.
Any person who accepts the GTC on behalf of a User must have the prior authority to act in this respect. The Company may under no circumstances be held responsible for any action, whether or not wrongful, that does not comply with this condition.
No Users who may be in competition in any way with the Company are authorised to use the Services, unless the Company has issued its express prior consent. An agreement of this kind may be requested by contacting the Company at this address: email@example.com. Any Users acting without this agreement incur their direct personal criminal and civil liability.
Availability of Services
To use the Services, the User must first have access to the Internet (electronic communication network) and the necessary computer equipment. Any costs for this access are exclusively borne by the User. The Company cannot under any circumstances be held responsible for any access problems and/or connection difficulties regarding the Internet that are not the direct result of its own action.
Users are solely responsible for and in charge of their computer equipment, which includes software and/or computer applications. If there is any risk of damage that could disturb access to the Service, Users must immediately disconnect any device or software responsible for this risk.
The Services are available twenty-four hours a day (24/24), seven days a week (7/7). The Company's liability cannot be incurred if access to the Services is interrupted when this is not due to its sole and exclusive action.
The Company is entitled, without notice or compensation being due, to modify or temporarily or permanently interrupt access to one or more Services for any reason, including in the event of updates, modifications or changes to operational methods, servers and/or hours of availability.
The Company is entitled to make any modifications and/or improvements it considers necessary or useful as regards the Services, in any context.
The Company reserves the right to add or impose limits on the Services and their use. Such limits might involve the maximum storage capacity and ceiling allocated on the Company's servers, or maximum access to the Services during a given period.
The Company provides standard support by electronic mail for Bought Services without any extra charge, or extended support if this is taken out separately.
The Company may not be held responsible regarding periods when the Services are unavailable, when these are directly or indirectly caused by circumstances beyond the Company's control. This notably concerns for fortuitous events, any action imposed by the public authorities or in the event of force majeure such as floods, fire, earthquakes, civil unrest, terrorist acts, strikes or any other type of social conflict, apart from those involving the Company's employees. The same applies to breakdowns or delays in the provision of access to the Internet, and the application of current laws and regulations.
Users undertake to strictly comply with the GTC.
Users are solely responsible for persons they are responsible for or who are in their care.
Users are solely responsible for their use of the services, including as concerns the running, monitoring and/or management of User Accounts, and as concerns the creation, transmission, storage and/or display of Data.
Users undertake to take every precaution to make the non-authorised access or use of the Services impossible. In the event of non-authorised use or access, users undertake to inform the Company promptly.
The User agrees only to use the Services in compliance with current laws and regulations, both within and outside the country.
With any contracts linking the User with one or more Third-party Users, the User undertakes to inform these Third-party Users of the conditions in which use of the Services is authorised in respect of the GTC.
Likewise, Users undertake to:
- limit access to Widgets exclusively to authorised Third-party Users;
- limit access to the Administration Interface exclusively to Users;
- not to sell, resell, hire or sub-licence the Services or their use;
- never to use the Services for the purposes of recording, transmitting or using Data that could be identified or qualified as illegal or defamatory in any context;
- strictly respect the privacy of individuals;
- not to use the Services to record or transmit a computer algorithm or computer software programme that is malicious or could be harmful;
- not to alter or jeopardise the integrity or execution of the Services or third-party data contained on the Company's servers;
- not to attempt any unauthorised access to the Services or the systems and networks associated with them;
- not to use the Company's logo and/or brand without its prior written consent;
No purchase of third-party products or services is required to use the Services, apart from the computer software programme allowing Users to browse the Internet, without any guarantee as regards the version or publisher.
Any type of purchase made by the User, particularly as regards third-party applications and/or services, is exclusively concluded between the User and the third party concerned. The Company cannot under any circumstances guarantee the value, reliability or quality of such purchases. Likewise, the Company cannot under any circumstances provide any support for them, whether or not they are designated as possessing any official certification.
If Users install or activate third-party applications on their computer terminals in view of using them together with or in the context of the Services, they expressly accept that the Company is solely entitled and competent to authorise or forbid the suppliers concerned to access the Data.
Under no circumstances may the Company's liability be incurred if:
- Data are disclosed, modified or deleted because of the use of one or more third-party applications,
- Application Programming Interfaces ("APIs") cease to be made available by any third-party application publisher; in this type of situation, the Company reserves the sole right to cease supplying all or part of its Services, in which case no type of refund will be due under any circumstances.
Invoicing and Payment of the Services
Users undertake to settle all fees as invoiced in each Purchase Order issued for the Services provided by the Company.
Each Purchase order is exclusively issued for the Services bought by the User. Invoices are payable on the due date and cannot be refunded unless the Services have been exclusively interrupted due to the Company's actions.
For Users working in a professional capacity domiciled in France, prices may change over time according to current legislation.
Invoices are exclusively expressed in Euros (€). They include the current rate of value-added tax (VAT) on the date they are issued.
For Users working in a professional capacity domiciled outside France, invoices do not include tax.
Payments are made by bank transfer.
Limitation of Responsibility
The Company may not be held responsible if Users suffer any loss or damage of any kind that may result from access to the Site and/or the use of the Services, in any respect.
Term and Termination
The GTC become effective on the date of their most recent posting on the Site.
The Company reserves the right to modify all or part of the GTC at any time, without notice.
With free access to the Services, following the non-use of these Services for a continuous period of more than thirty (30) days, the Company reserves the right, after sending an email informing the User concerned, without any period of notice, to put an end in whole or in part to the access rights initially granted to the User concerned. In this respect, the Company has the right, if it sees fit, to delete any associated data concerned.
If use of the Site or Services infringes the GTC or any laws, the Company reserves the right to delete the account of the offending User concerned and/or to delete all or part of the User's access to one or more Services taken out for free or for payment.
This contract takes effect on the date on which the User accepts it, and continues until the expiry or termination of all User subscriptions granted in accordance with these terms. All User subscriptions are automatically renewed for a period equal to the period of the subscription that has expired, unless either party notifies the other of the non-renewal at least thirty (30) days before the expiry of the subscription concerned. The User must send a request to terminate the subscription by email to the following address: firstname.lastname@example.org. The purpose of this email should indicate: « Request to terminate subscription ».
The unit price applicable to an automatically renewed subscription will be equal to the unit price of the previous subscription period unless the Company has notified the User in writing of price increase at least 30 days before the expiry of the previous subscription, in which case this price increase will take effect on the renewal date.
At Your request, sent within 90 days of the date on which the termination of a subscription to a Bought service, the Company will provide you with a downloadable Data file. At the end of this 90-day period, the Company will have no obligation to preserve or supply the Data and, unless prohibited by law, the Company will then delete all the Data present on its systems or otherwise in its possession or under its control.
During the provision and performance of the Services, Users may directly, indirectly and/or factually communicate personal data concerning them.
All personal data are gathered in the strict context of the needs and purposes required for providing and performing the Services. The personal data collected are kept throughout the period necessary for their use in respect of the Services. No conservation period may be longer than one (1) year after the last activation of the Services by the User concerned.
In application of Data Protection act no. 78-17 of 6 January 1978, all Users have the right to access, modify, correct and delete their personal data. They may directly exercise this right by sending an email to the following address: email@example.com. The purpose of this email must be indicated as « Personal data ».
French law is exclusively applicable to the GTC, the Services and the Site.
In the event of a dispute, the parties concerned are asked to come together to seek an amicable solution. If no agreement can be found, the French courts have the sole competence to deal with any disputes arising.
In the event that a stipulation of the GTC is considered illegal or non-irrevocable, all the other stipulations remain in force and applicable.
Neither Users nor the Company are authorised to transfer all or part of the rights arising from their commercial relationship or the GTC to any person or entity without the explicit prior agreement of the other party.
The conditions and computer updates applicable to each Service can be viewed on the websites www.rocketfid.com and https://rocketfid.com. The effective date of each computer update is communicated to Users in advance. The fact that Users make use of the services following any update implies their acceptance of such updates.