TripleStack, a simplified joint stock company with a capital of 1,000 Euros, registered at the Lyon Trade and Companies Registry under registration number 853 010 064, and having its registered office located at 12 B rue du Stade – 69290 Grézieu-la-Varenne, (hereinafter “TRIPLESTACK“), operates the Daemonit platform which can be accessed at the address https://app.daemonit.com (the “DAEMONIT Platform” or alternatively the “Platform“).
The DAEMONIT Platform is an online software allowing to perform audits of websites of any kind (the “Website“), permitting in particular to generate automated reports relating in particular to the speed of the Website, SEO data, and reports on areas of improvement relating to the performance and ROI of the Website.
The Client expressly acknowledges that it is solely responsible for the processing of all data transferred or communicated by it and by its authorized Users on the Platform in view of using the Services (the “Client Data“).
In order to become a Client, the Client must be a merchant or exercise an independent professional activity or act within the framework of its usual and principal professional activity.
The Services are subject to evolution and TRIPLESTACK may suppress services as well as propose additional or new services, which shall be integrated into the Platform, and which may be subject to additional, distinct or supplementary terms and conditions of use. The different Services and subscription conditions are defined on the DAEMONIT website at the following address: https://daemonit.com (the “DAEMONIT Site“).
The use of the Services is expressly subject to the acceptance of these Terms, which the Client and its Users acknowledge having had received in a readable and comprehensible manner.
If the Client is a legal entity, the applicant hereunder, who accepts these Terms in the name and on behalf of the Client, declares and warrants that it is authorized and has the capacity to bind the Client to these Terms.
Registration, access to the Platform and its use for any reason whatsoever and as of day of the last connection carries full acceptance and without reserve of these Terms and TRIPLESTACK Use and Protection of Personal Data Policy in their last version.
The Client guarantees and ensures compliance to these Terms by its Users.
The Client remains entirely liable towards TRIPLESTACK for the use by all its Users of the Services and the Platform.
The Client and its Users may access the Platform by using any Internet browser and/or operating system. It is the Client’s responsibility to have an Internet access and the necessary equipment for this access to use the Services.
If any part of the Terms should be considered to be illegal, invalid or inapplicable, for any reason whatsoever, the stipulations in question shall be deemed unwritten, without putting into question the validity of the other stipulations, which shall continue to apply.
The fact that TRIPLESTACK does not invoke at a given moment any of the provisions of the present Terms shall not be construed as any waiver of any kind whatsoever.
“Administrator“: refers to any person duly authorised by the Client to manage the Client’s account and its network linked to its organisation.
“Client“: refers to the co-contracting party of TRIPLESTACK, acting in its professional capacity.
“Personal Data“: refers to, within the meaning of Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016 (the “General Data Protection Regulation” or “GDPR“), any information relating to an identified or identifiable natural person; it being specified that an “identifiable natural person” within the meaning of the GDPR is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more elements specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
“Client Data“: refers to the information, documents, exchanges and any other information communicated or provided by the Client and/or Users on the DAEMONIT Platform.
“TRIPLESTACK“: a simplified joint stock company having a share capital of 1,000 Euros, registered at the Lyon Companies and Trade Registry under registration number 853 010 064, and having its registered office at 12 B rue du Stade – 69290 Grézieu-la-Varenne, France, publisher of the Platform.
“Platform“: refers to the DAEMONIT online software which can be accessed at the address https://app.daemonit.com and, where applicable, on any other support and/or operating system, and which use is subject to the present Terms.
“Website“: means the websites which are subject of the reporting and auditing Services provided on the Platform.
“Services“: refers to all the functionalities and services proposed by TRIPLESTACK on the Platform. The Services are subject to evolution.
“User“: refers to any person authorized to access the Services by the Client in accordance with these Terms, whatever the access rights which are granted to them (Administrator or any other user), employee, agent or representative of the Client.
3.1 Conditions of access and use of the Platform
The Client is solely responsible for the proper functioning of its computer equipment and of its access to the Platform. The Client is solely responsible for the maintenance of its computer system to allow a reliable connection with the TRIPLESTACK Services. All costs incurred by the Client for the access by the Client and its Users to the Platform, and in particular connection costs and costs of acquisition or renewal of computer equipment are under the sole responsibility of the Client.
TRIPLESTACK shall not be liable in the event in particular of attack to the computer equipment of the Client or its Users by a malicious software, or in the event of interruption or failure of the Internet connection of the Client.
3.2 Creation of a Client account and the associated Organization
In addition to the acceptance of these Terms, access to the Platform and to the Services is subject to the creation of a Client account using the form provided for this purpose.
The Client shall provide to TRIPLESTACK all information requested by TRIPLESTACK for the creation of the account. The Client shall have a profile of Administrator. An organization shall be attached to the account (the “Organization of the Client” or the “Organization“). This information is defined in the TripleStack Personal Data Use and Protection Policy, available at the following address: https://daemonit.com/en/privacy-policy/ ; and the terms of which form an integral part hereof.
The Administrator shall be entitled to grant permissions and rights of use to any User that it has invited to connect to the Platform.
The Client undertakes to:
(b) maintain and promptly update all information concerning them in order to keep it true, accurate, current and complete.
TRIPLESTACK reserves the right to revise at any time the list of information that must be provided for the creation and maintenance of the Client’s account and the Administrator’s profile.
3.3 Creation of authorisations granted to the Users and modalities of their inscriptions
The Administrator defines the terms of access and of use of the Platform and the perimeter of rights of use of the Service for the Users attached to the Client’s organisation.
It shall be the responsibility of each User of the Platform to ensure that they have read and accepted these Terms.
In any case, future Users shall be requested to create their profile in accordance with the conditions of the present Terms and processes defined by TRIPLESTACK. To do so, they must indicate all information requested by TRIPLESTACK by means of the forms provided for this purpose. Failure to provide mandatory information shall prevent any registration on the Platform.
The list of information required to register and access the Platform and services is defined in accordance with the terms and conditions set forth in the Personnal Data Use and Protection Policy, which list may be modified by TRIPLESTACK to ensure the best functioning of the Platform. Failure to provide mandatory information shall prevent registration on the Platform.
Users shall be required to:
(a) provide true, accurate, current and complete information regarding the information as requested during the registration process; and
(b) maintain and promptly update all information concerning them in order to keep it true, accurate, current and complete.
TRIPLESTACK reserves the right to update at any time the list of information to be provided for the creation and maintenance of User accounts and accesses.
3.4 General information
If the Client or its Users provide false, inappropriate, obsolete or incomplete information, or if TRIPLESTACK has valid reasons to suspect that this information is false, inappropriate, obsolete or incomplete, TRIPLESTACK reserves the right to delete the Client’s account and to refuse any current or future use of the Services by the Client and its Users.
It is the Clients’ and its Users’ responsibility to ensure that their personal data allowing to create their accounts are exact and complete and to select a strong and secure password.
Not having the means to verify neither the identity nor the quality of the Clients and Users, TRIPLESTACK shall not be held responsible for identity theft in case of fraudulent registration. In any case, any person who would notice the usurpation of his identity during his connection must immediately contact TRIPLESTACK at the following address: support-daemonit@triplestack.
Access to the Client’s personal space and its Organization is strictly personal and non-transferable. As such, any use of the identifier and the password of the Client or a User on the Platform entails presumption of connection to the Platform. The Client and its Users are therefore solely responsible for the use of their user logins and passwords, for any information that may be transmitted by the Platform and for any use of one of the Platform’s services.
Clients and Users alone shall ensure their confidentiality. These passwords shall not be shared nor communicated to third parties under any circumstances. Under no circumstances, TRIPLESTACK shall be held liable for the loss of a login and/or a password.
If the confidentiality of a password is compromised, the Client undertakes to inform TRIPLESTACK as soon as possible so that a new password is issued. The Client remains responsible for the use of his personal account until it has informed TRIPLESTACK of the risk that their confidentiality be compromised.
The Client shall be responsible for any use of his account and the accounts of its Users unless it reports a misuse or usurpation of identity in the forms indicated above.
4.1 Platform Services
TRIPLESTACK offers on the DAEMONIT Platform analysis, audit and automated reporting services related to the performance of the Websites of any kind.
The different Services, reports, audits and analyses offered are defined on the DAEMONIT Website.
The proposed Services and corresponding subscriptions are defined on the DAEMONIT Website.
The Client may subscribe to a paid subscription per monthly or annual period, renewable by tacit agreement.
Subscriptions shall be automatically renewed for an identical period without cancellation by the Client under the conditions set forth in Article 6.
The subscription conditions are defined in Article 5 hereof.
4.2 Rules relating to the use of the Services
The Client is responsible for all Client Data that it provides and that Users provide and use through the Platform and Services.
The Client designates the Users authorised to use the various Services. All these persons shall act under the sole responsibility of the Client.
The Client undertakes not to resell the services that are the subject to the Services to third parties or to use the Services for an object outside the object defined in the Terms. In the event of breach of this obligation, TRIPLESTACK may proceed with the immediate suspension of the provisions of its Services, the closing of the account of the Client and the termnation of the agreement.
4.3 Additional Services and modification or suppression of Services
The Platform and the Services are subject to evolution.
TRIPLESTACK may propose additional services or new functionalities related to the Services.
These may be subject to additional, distinct or supplementary terms and conditions, as the case may be.
Similarly, TRIPLESTACK may at its sole discretion modify or discontinue any Service or functionality. In case of suppression or modification of any Service or functionality, TRIPLESTACK undertakes to inform the Client promptly.
5.1 Rates and terms relating to the Services subscribed to by the Client
The terms and rates relating to the Services are provided by TRIPLESTACK.
The Client has the possibility to modify its order and to correct possible errors before proceeding with the validation of its order.
Following acceptance of the present Terms and confirmation of the order of Services, the agreement is validly executed between TRIPLESTACK and the Client.
The Client can during the subscription period modify the chosen subscription. This modification shall take effect for the remainder of the subscription period subscribed and for the successive renewals subject to subsequent modification or termination. The Client may modify his subscription formula as described on the DAEMONIT Website at any time. In this case, the amounts due shall be recalculated on a pro rata basis for the remaining subscription period, and in the event that a credit note is due, the Client shall benefit from it for and during the next renewed subscription period.
Prices are defined on the DAEMONIT Site in the Service descriptions, in euros, excluding taxes and with all taxes included.
The total amount is indicated in the subscription summary. The total amount is indicated in euros, excluding and including all taxes.
The order of the Services on the Platform is payable in euros. Full payment must be made on the day of the order by the Client.
Conditions of payment are defined by TRIPLESTACK and are subject to evolution.
The general terms of TRIPLESTACK’s payment provider are available under this link: https://recurly.com/legal/
The Client shall pay the total amount of each invoice, all taxes mentioned on it, and may not operate any compensation with sums due or claimed payable on behalf of TRIPLESTACK.
The Client agrees to pay all taxes, government fees, transfer fees and all other taxes applicable to all payments made.
The Client shall comply with all its obligations of payment and accepts that TRIPLESTACK conserves if required and necessary the aforementioned information of payment according to the conditions and applicable legal durations.
Any default of payment shall entail the automatic termination of the agreement.
The Client also agrees to the following:
The agreement takes effect on the date on which the Client registers to use the Platform, and shall be renewed by tacit agreement for successive one (1) month or one (1) year periods, depending on the chosen subscription.
The subscription to the Services shall be automatically renewed under the conditions defined above except in case of notice of termination of the subscription by the Client before the date of anniversary of renewal or notification of termination by TRIPLESTACK in accordance to the conditions defined below.
In the event of termination of the subscription by the Client, subscription shall end at the expiry date of the current subscribed period, without renewal.
As the Client is a professional purchasing within the framework and for the needs of its main and usual professional activity, there is no right of withdrawal.
If the agreement between the Client and TRIPLESTACK is concluded off-site, that it does not enter the principal field of activity of the Client, and if the Client does not employ more than five (5) employees, the Client shall benefit from a fourteen (14) days withdrawal period as from the date of execution of the agreement, which it can use by addressing to TRIPLESTACK a registered mail with acknowledgement of receipt, indicating such withdrawal without ambiguity, the postmark being taken as proof.
6.3.1 Suspension of Services – Termination due to TRIPLESTACK
Notwithstanding the subscribed Services, TRIPLESTACK may cancel the agreement with immediate effect for any legitimate reason and at any time, by simple notification, temporarily or definitively by means of the suppression of the account of the Client and/or its Users, and in particular in the event of breach of any provision hereof by the Client or any User, such as following notification of an abuse by the Client and/or the Administrator by the Client or any User or third party and/or in the context of legal action and/or in the event that the User and/or the Client is held liable in application of the Terms.
TRIPLESTACK shall be able to proceed to termination of access by the Users and/or the Client, for any legitimate reason, and in particular in the event of breach by the Client or any User of the provisions hereof, without prejudice to its rights in particular to claim any and all damages.
6.3.2 Termination by the Client
In the event of termination of the subscription by the Client, the subscription shall end on the day of the subscription expiry date and no renewal shall occur.
6.4 Consequences of termination
After the account has been closed, the Client, the Administrator and all Users of the Client may download their content which is still available on the Platform on such date, it being precised that the content generated in accordance to the Services is available for download during the periods defined following the chosen subscription.
The Client acknowledges that TRIPLESTACK has no obligation of exclusivity. Consequently, TRIPLESTACK shall be able to freely provide Services to other Clients, including competitors of the Client.
In principle, the Platform is accessible 24 hours a day and 7 days a week, except in the event of an interruption, scheduled or unscheduled, for maintenance purposes or in the event of force majeure as defined by French courts, including the occurrence of a natural disaster, such as an earthquake, storm, fire, flood or armed conflict, war, attacks, epidemics and all public risks related to public health, demonstrations, labour conflict, total or partial strike at TRIPLESTACK or its suppliers, service providers, post office, public services, imperative injunction from the public authorities (import ban, embargo).
TRIPLESTACK shall make its best efforts to inform the Client beforehand of the realization of maintenance operations or updates. The Client waives the right to seek the liability of TRIPLESTACK in relation to the operation and exploitation of the Platform and the Services.
Similarly, TRIPLESTACK’s liability shall not be sought in the event of dysfunction, impossibility of access, or bad conditions of use of the Platform attributable to a material or equipment of the Client which is not adapted, to disturbances attributable to the Client’s access supplier, to the congestion of the Internet network, and/or for any other reason foreign or external to TRIPLESTACK.
TRIPLESTACK undertakes to have the Platform evolve regularly, so that it remains permanently in conformity with the state of the art and the Client’s expectations.
TRIPLESTACK undertakes to correct promptly bugs and repetitive defects on the Platform which have been signalled by the Client.
TRIPLESTACK shall make its best efforts in order for the Platform to be accessible continuously.
Thus, in the event of interruption of service and whatever the cause, TRIPLESTACK shall make its best efforts in order for the Platform to be put back into service as soon as possible.
TRIPLESTACK undertakes to take all measures in accordance with the rules of the art to guarantee the computer security of its Services and the Platform, in particular against the risks of intrusion or virus.
TRIPLESTACK reserves the right to interrupt the operation of the Services or to prohibit the access to the Services or to the Platform when the security of the Platform is threatened (security flaw detected, intrusion, data corruption, virus, malware).
TRIPLESTACK may also carry out planned shutdowns of Services, in part or in whole, in particular to carry out maintenance work or updates of the Platform. These shutdowns and maintenance work shall be carried out as far as possible during periods of low activity.
TRIPLESTACK shall make in this case its best efforts, when possible, to notify the Client in advance of any planned shutdown of Services.
TRIPLESTACK undertakes to restore as soon as possible the access to the Services and the Platform.
No credit note, refund or credit in any form whatsoever shall be emitted in the event of a shutdown under the terms of this Article.
Each Party is required to comply with all applicable regulations, including the applicable regulations relating to the use or protection of personal data, and in particular, as of the date hereof, with the provisions of Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (the “GDPR” Regulation) and the French Data Protection Act of 6 January 1978 as amended by the Act of 20 June 2018 on the protection of personal data (the “LIL“).
The Personal Data Protection and Use Policy of TRIPLESTACK is accessible under this link.
10.1 Intellectual property of TRIPLESTACK
The DAEMONIT Platform, as well as all interfaces and applications developed by TRIPLESTACK to access DAEMONIT services, available and future, on all present and future operating systems and platforms, as well as all elements relating to the TRIPLESTACK and/or DAEMONIT brand, including all present and future registrations, logos, drawings, images, photographs, illustrations and all other elements and associated rights remain the exclusive property of TRIPLESTACK.
The Services are protected by laws in particular relating to copyright and trademarks, and by other laws in force in France, in the European Union and in foreign countries. No provision of the present Terms may be construed as granting the Client or its Users the right to use the name of TRIPLESTACK, nor the trademarks, logos, domain names and other distinctive attributes of the TRIPLESTACK brand. All right, title and interest relating to the Services and/or TRIPLESTACK is and shall remain the exclusive property of TRIPLESTACK.
TRIPLESTACK grants the Client a personal, non-transferable and non-exclusive license authorizing access and use of the Platform exclusively within the framework of the use of the Services according to the terms and conditions of the present document.
The content and data (other than the content and Client Data) included or which can be acessed on and/or through the Platform, in particular any text, graphic, logo, name, brand, designation, tab, functionality, image, sound, data, photograph, graphic, and any other material or software remains the exclusive property of TRIPLESTACK. It is protected by intellectual property law and is subject to applicable laws and regulations.
These elements must in no case be downloaded, copied, altered, modified, deleted, distributed, transmitted, broadcast, sold, rented, conceded or exploited (in whole or in part) in any way whatsoever, without the express written agreement of TRIPLESTACK. The Client agrees not to use or exploit these elements for purposes other than those defined in these Terms. Furthermore, except in the case of mandatory legal provisions, the Client is not authorized to modify, improve, edit, translate, decompile, disassemble or create one or more derivative work(s) from the TRIPLESTACK Platform (in whole or in part).
The Client guarantees and ensures compliance of the present terms and conditions by its Users.
10.2 Intellectual Property warranties
TRIPLESTACK declares that it holds all rights of intellectual property relating to the Platform.
TRIPLESTACK warrants in particular:
– that the Platform does not constitute a counterfeit of a pre-existing work;
– that it has respected and shall respect the intellectual property rights of third parties, in particular copyright, right on designs and models, patents and trademarks.
As such, TRIPLESTACK guarantees the Client against any action, complaint, claim or opposition on behalf of any person invoking an intellectual property right or an act of unfair and/or parasitic competition, to which the execution of the present contract would have infringed.
On its side, the Client undertakes to immediately inform TRIPLESTACK of any act of counterfeit of the Platform of which it would have the knowledge of, TRIPLESTACK being then free to take the measures which it shall deem appropriate.
TRIPLESTACK is committed to take all measures in conformity with the state of the art to guarantee the integrity of the Client Data, with the proceeding in particular of regular backups of said data.
The Client may at any time save its data in accordance with the modalities of the Platform and remains solely responsible for backing up its data.
The Client is the sole holder of the rights to its data processed in relation to the Services.
The Client grants, insofar as required, to TRIPLESTACK and its subcontractors, a non-exclusive and worldwide, free and non-transferable license granting it to host, cache, copy and display the aforementioned Client Data for the sole purpose of the execution of the Services and exclusively in association or on the occasion of the Services.
This license shall automatically cease upon termination of the contractual relationship between the Parties, unless it is necessary to continue hosting and processing Client Data.
The Client declares and guarantees that it holds all the authorisations necessary to the exploitation of its Client Data within the framework of the Services and that it can freely grant license of it in the terms above to TRIPLESTACK and its subcontractors.
The Client moreover declares and guarantees that by using its Client Data in relation to the use of the Services, it does not exceed any right which would may have been granted to it, in whole or part, of its Data and that it does not breach the rights of any third parties.
The Client undertakes to compensate TRIPLESTACK for all pecuniary consequences that TRIPLESTACK may have to bear following breach by the Client with regard to the guarantees defined above concerning its Client Data.
The Client shall ensure that it does not provide, use or communicate, when using the Services, Client Data which would require that TRIPLESTACK complies with laws or specific regulations other than those expressly defined in the present Terms.
Access to the Client Data is solely reserved to the Client and its Users.
However, for the only needs related to the Services, TRIPLESTACK may also be able to access such. The duration of conservation of such data by TRIPLESTACK shall not be able to exceed the duration of legal conservation.
The Client is informed and accepts that TRIPLESTACK may access its Client Data and disclose it upon request by an administrative or judicial authority entitled to access the Client Data, and this in compliance with the applicable regulations.
Unless the aforesaid requisition prevents it, TRIPLESTACK shall inform the Client without delay of the existence of the requisition and of the Client Data which has been disclosed.
The Client is solely responsible for the creation, selection, design and use of the Client Data by the Users within the framework of the Services. It is also solely responsible for the collection and processing of Personal Data by its Users in application of the regulations applicable to the protection of personal data. It is the sole responsibility of the Client to comply with the applicable legal and regulatory provisions, and in particular the regulations applicable to the protection of personal data, and to obtain any prior authorisations.
The Client acknowledges that TRIPLESTACK has no control over the transfer of the Client Data via the public telecommunication networks used by the Client and the Users to access the Services and in particular the Internet network. The Client acknowledges and accepts that TRIPLESTACK cannot guarantee the confidentiality of the Client Data during the transfer of these on the said public networks. Consequently, TRIPLESTACK shall under no event see its responsibility engaged in the event, in particular, of diversion, capture, corruption of the Client Data, or any other event likely to affect those, occurring at the time of their transfer on the public telecommunication networks.
Finally, it is understood to avoid all doubt that TRIPLESTACK may aggregate raw, statistical and anonymized data relating to the reports and audits generated, for their public communication and/or to third parties and all other users of its solutions, software and services, according to the applicable terms and conditions.
12.1 Responsibility of TRIPLESTACK
TRIPLESTACK declines all responsibility in relation the results drawn from the use of the Platform, the Services, and more generally of the TRIPLESTACK Platform by the Client and the Users.
The Client is solely responsible for the use and interpretation of the results provided under the Services. The audits and reports provided constitute indicators generated by the DAEMONIT software and do not constitute in any way advice or other certification, in particular and for example in terms of audits relating to the protection and use of personal data: the reports and audits do not constitute in any way legal advice or any type of certification. Likewise, security reports are automatically generated and are not subject to any intrusion testing or any specific or customized IT security tests: these reports do not constitute certification or validation of compliance with any security standard in any capacity whatsoever.
The Platform being a standard software designed to satisfy the greatest number of Clients, TRIPLESTACK cannot guarantee its adaptation to the specific needs of the Client.
For the avoidance of doubt, TRIPLESTACK makes no other express or implied warranty with respect to the Services, including, in particular, any implied warranty of quality or suitability of the Platform for a particular purpose. TRIPLESTACK does not guarantee the results of the Services. TRIPLESTACK does not guarantee that the functionalities of the Services shall meet the Client’s requirements. The Parties acknowledge that software may contain errors and that not all errors are economically rectifiable or that it is not always necessary to correct them. Consequently, TRIPLESTACK does not guarantee that all failures or errors of the Platform shall be corrected.
TRIPLESTACK cannot be held responsible towards the Client for any damage, direct or indirect suffered by the Client and/or the Users, which may result directly or indirectly from the use of the Services and the TRIPLESTACK Platform, and the Client holds TRIPLESTACK free of any claim in the event in particular of damage undergone by the Users or the Client in relation to the use of the Services, of loss of opportunities or revenue related to the operation or the absence of operation of the TRIPLESTACK Platform.
TRIPLESTACK declines moreover any responsibility with regard to the Client concerning the use of the Services.
Being subject to a best efforts obligation, TRIPLESTACK shall not be held liable for any direct or indirect damage undergone by the Client and resulting from an unavailability of the TRIPLESTACK Platform, in particular of the losses of data (including of copies or recordings) that the Client or any User could undergo, or of the loss of turnover.
TRIPLESTACK shall not in any way be held liable for the possible harmful consequences which could occur due of the use of the Client Data provided by the Client and its Users.
TRIPLESTACK shall not be responsible to remedy the damages related to fault or negligence of by the Client, the Users or third parties in relation with the use of the Services.
Under no circumstances, TRIPLESTACK shall be held liable and compensate immaterial or indirect damage such as (on a non-limitative basis): operating losses, loss of profit, loss of chance, commercial damage, loss of revenue.
In any event, the possible financial liability of TRIPLESTACK and the sums which would be due, if it were to be determined, could not exceed the sums paid by the Client for the specific Services having motivated the responsibility of TRIPLESTACK, and such being subject to the payment by the Client of all the due invoices. TRIPLESTACK shall not be liable for breakdowns or damage resulting from the contamination of the computer system of the Client by viruses, attacks and malicious acts by third parties.
The Client guarantees and ensures compliance to the Terms by all of its Users.
By providing any Client Data on the Platform, directly or through its Users, the Client is required to comply with the legal and regulatory provisions in force and with the provisions herein.
The Client is solely responsible of the Client Data and is responsible for deleting any litigious content.
Without prejudice to the foregoing, in the event of any abuse or violation of the present, TRIPLESTACK reserves the right to implement any useful action with regard to any Client and/or User if necessary in order to preserve its rights.
It is understood that TRIPLESTACK reserves the right to refuse the registration and audit, at its sole discretion, of any Website that it deems litigious, and which may contravene any law or standard (in particular apology of terrorism, child pornography etc.).
12.3 Operation of the Services
The Client undertakes:
The Client is required to report any abuse that it may observe on the Platform by:
The Client guarantees and ensures compliance to these obligations by all its Users.
Client shall ensure that the storage and the diffusion of the Client Data via the Platform respects the following rules:
The Client and its Users make sure that the storage and diffusion of the Client Data transmitted on the Platform and objects of the Services do not constitute:
Parties both undertake to comply to a general obligation of confidentiality concerning all oral or written confidential information, whatever it may be and whatever the medium, exchanged in the context of the preparation and performance of the Services, except for information that is generally known to the public or that be shall have been known otherwise than through the fault or fault of the Client or Users.
Consequently, the Parties undertake to:
The Parties shall ensure that this confidentiality undertaking is respected by all their employees, managers and directors.
This confidentiality undertaking shall remain in force after the expiry or termination for any reason whatsoever of the Parties’ contractual relations for a period of three (3) years.
In any event, this confidentiality obligation does not bind the Parties insofar as the confidential information:
However, each Party shall be entitled to disclose any confidential information to its insurers, auditors or lawyers, administrative or judicial authorities, upon production of the decision of the authorities concerned or when required by law.
It is further understood that any aggregated and anonymized statistics used for public communication and/or to third parties and any other users of DAEMONIT solutions, software and services shall not be considered as confidential information.
In addition, and subject to the provisions above, TRIPLESTACK is authorized by the Client hereunder to disclose the provision of the Services as a reference to its clients and potential clients and to use the distinctive signs (trademark, logo) of the Client for this purpose.
The Services may be modified from time to time, at TRIPLESTACK’s sole discretion. TRIPLESTACK is likely to cease (temporarily or definitively) to provide to the Clients and Users, the Services or any functionality of them, to suspend or terminate any Client or User account in accordance with the present Terms and with the Policy of Confidentiality and Data Protection TRIPLESTACK, without incurring any liability with regard to the Client.
The Services and the present Terms are subject to evolution. TRIPLESTACK may propose additional services in the future which shall be able to be integrated into the TRIPLESTACK Platform, and which may be subject to distinct, additional and/or supplementary terms and conditions.
TRIPLESTACK may modify the present Terms and all other terms and conditions or policies relating to the use of the TRIPLESTACK Platform.
In the event TRIPLESTACK should bring substantial modifications to the present Terms, the Client and the Users shall be informed beforehand, and in any event at least 15 days before modifications affecting the rights or obligations of any party hereto are brought to them, and this via the Platform, or by any other means, to give the Client the opportunity to examine the modifications before they take effect.
In the event of refusal to agree to the Terms, the Client may terminate its subscription in accordance with the terms of Article 6.
The present Terms may be available in several languages. In such case, in case of conflict or contradiction between the stipulations of the different version of the present Terms, the French version shall prevail.
Computerized registers stored in TRIPLESTACK’s systems, which comply with the regulations regarding security, will be considered as proofs of communication, such as emails, subscription forms, downloaded videos and comments posted. Subscription forms storage is carried out on a support whose nature guarantees the truth and sustainability required by the legal provisions in force. It is agreed that in case of divergence between TRIPLESTACK’s computerized registers and the documents under paper or electronic form owned by the Client, only TRIPLESTACK’s computerized registers shall be considered.
For any question concerning these Terms, TRIPLESTACK may be contacted by the means described below.
12 B rue du Stade
The present Terms are governed by French Law.
In case of dispute regarding the execution, performance, interpretation or termination of the present Terms, the Parties shall, in good faith, endeavor to resolve such dispute amicably.
In the event Parties fail to reach an amicable solution, the competent courts of Lyon shall have exclusive jurisdiction.