Terms and Conditions of Use
The company INNOVATIVE COMMUNITY, a simplified joint stock company with a share capital of 29,174 euros, whose registered office is located at 3, Avenue Didier Daurat - 31400 TOULOUSE, registered in the TOULOUSE Trade and Companies Register under the number 800 317 117, represented by Mr Arnaud GROFF, as Chairman, hereinafter referred to as "Bloomup" has developed, designed and publishes a software solution for managing and monitoring projects of all kinds (hereinafter the "Software"). Associated with this software, depending on the offer chosen by the Customer, are services provided by Bloomup (database integration, provision of a referent in the context of the use of the software, etc.).
Article 1. Definitions
In the present General Terms and Conditions of Use, the terms referred to below will have the following meaning:
- "Customer" means any individual or legal entity acting for purposes falling within the scope of its commercial, industrial, craft, liberal or agricultural activity and who holds a licence to use the Software granted by Bloomup.
- "Software" means the computer software designed, developed and owned by Bloomup with the aim of enabling the Customer to manage and monitor projects of all kinds (hereinafter the "Software"). Associated with this software, depending on the offer chosen by the Customer, are services provided by Bloomup (database integration, provision of a referent in the context of the use of the Software, etc.).
Article 2. Subject
The purpose of the present General Terms and Conditions is to define the conditions under which authorized users designated by the Customer may use the Software made available to the Customer by Bloomup.
The acceptance without reserve of the present General Terms and Conditions of Use is a prerequisite to any use of the Software by a user of the Customer.
By ticking the box by which he acknowledges having read the General Terms and Conditions of Use, the user expressly accepts the General Terms and Conditions of Use without reserve.
The General Conditions of Use may be modified by Bloomup at any time, in particular to take into account the evolution of the functionalities to which the Software gives access as well as the applicable regulations.
Any new version of the General Conditions of Use will be made available to the user of the Software. Users therefore undertake to consult them on a regular basis.
Article 3. Duration
The present general conditions of use will be applicable throughout the duration of the contract binding Bloomup to the Customer.
Article 4. Services offered by the Software made available to the user
Bloomup provides the user with a service of access to the Software, accessible seven days a week and twenty-four hours a day, subject to interruptions due to planned maintenance, as far as possible, or interruptions due to faults external to Bloomup.
The Customer agrees in this respect to ensure that users do not divulge their access identifiers to the Software. In the event of accidental (loss, theft, etc.) or voluntary disclosure, the user and the Customer undertake to inform Bloomup as soon as they become aware of it.
Article 5. Obligations of the User
The user undertakes not to use the Software in a manner not provided for in these terms and conditions.
Users agree :
- to use the Software without violating national or international laws (defamation, insult, violation of freedom of expression);
- not to extract content from the Software for the purpose of creating one with the aim of offering the same services and/or selling in any way whatsoever the content of the Software to third parties;
- not to make inaccurate or misleading advertising on the Software;
- not to hack, damage the proper functioning of the Software;
The User also undertakes not to use the Software to provide comments:
- messages of a pornographic and child pornographic nature;
- racist, xenophobic, revisionist, war-crime-related messages, discriminating or inciting hatred against any person or group of persons on the grounds of their origin, gender, ethnicity, beliefs or lifestyle;
- messages of an offensive, violent, threatening nature, with shocking content or that offend human dignity;
- defamatory messages;
- messages infringing copyright and, more generally, intellectual property rights;
- messages infringing image rights and respect for privacy;
- messages that are generally contrary to the laws and regulations in force in France;
- unsolicited advertising, whether commercial or not;
- messages containing or likely to contain viruses.
The user undertakes not to use the Software in any way that may render it inaccessible, damage it or prevent it from functioning.
Article 6. Intellectual Property
6.1 Bloomup's intellectual property on the Software
All intellectual property rights and other rights relating to the Software, including copyrights, patents, trademarks, drawings and models, the rights of producers of databases, know-how, as well as all other intellectual property rights or other rights, are and remain the exclusive property of Bloomup and, in the case of technologies under licence, of their authors and/or owners.
The user therefore refrains from :
- any reproduction, representation, diffusion or distribution of all or part of the Software, whether in return for payment or free of charge;
- any form of use of the Software, in any way whatsoever, for the purpose of designing, producing, distributing or marketing similar, equivalent or substitute products or services or similar, equivalent or substitute documentation ;
- the adaptation, modification, transformation, arrangement of the Software, for any reason whatsoever, including to correct errors;
- any transcription, direct or indirect, any translation into other languages of the Software;
- any use for unauthorized processing by Bloomup;
- any modification or circumvention of protection codes such as, in particular, Identifiers and passwords ;
6.2. Intellectual Property of the Customer on the data
All intellectual property rights and other rights relating to the data, including copyrights, patents, trademarks, designs, know-how, and all other intellectual property or other rights, are and remain the exclusive property of the Customer. The Customer acquires and retains the intellectual property of all data it produces directly on the Software.
Article 7 - Cookies
Bloomup sets cookies to ensure the user a better navigation on the Application. Cookies contain information about the navigation on the Software on the user's computer and do not in any way allow Bloomup to record confidential data.
Article 8 - Liability
The User is solely responsible for the choice of use made on the Software.
Bloomup cannot in any way guarantee the use of the Software by the User.
Similarly, Bloomup cannot be held responsible for damage caused by users using the Software, whether direct or indirect. Indirect damages are understood to be commercial moral damages, loss of turnover among others.
Article 9. Force majeure
Bloomup declines any responsibility in the assumption that the inexecution or the delay in the execution would result from a fortuitous event or a case of absolute necessity in accordance with article 1218 of the Civil code.
In case of temporary force majeure, the execution of the services will be suspended and resumed when it disappears.
Article 10. Confidentiality
Users undertake to keep confidential the information relating to these general conditions of use throughout its duration and for ten years from its termination for any reason whatsoever.
Article 11. General Provisions
If any of the stipulations of these General Conditions, or any part of them, should prove to be null and void with regard to a regulation, a law in force or as a result of a judicial decision that has become final, it will be deemed to be unwritten, but will not lead to the nullity of the General Conditions as a whole, nor to the nullity of the clause that is only partially concerned.
The fact that one or other of the Parties has not required, temporarily or definitively, the application of a provision of these General Terms and Conditions shall not be considered as a waiver of the rights held by this Party.
Article 12. Applicable Law and Dispute Resolution
The present General Conditions, all contractual relationships that may result from them, as well as the interpretation of all or part of their content are subject to French law.
ANY DIFFICULTIES RELATING TO THE VALIDITY, INTERPRETATION OR PERFORMANCE OF THESE GENERAL TERMS AND CONDITIONS WHICH MAY NOT BE THE SUBJECT OF A FRIENDLY AGREEMENT ARISING FROM THE EXCLUSIVE COMPETENCE OF THE COURT OF FIRST INSTANCE OF THE COURT OF APPEAL OF TOULOUSE,EVEN IN THE CASE OF AN ACTION IN WARRANTY, A PLURALITY OF DEFENDANTS OR A REFERENCE PROCEDURE.
Date: October 8, 2020