Conditions Générales d’Utilisation de Lawgarithm Version Bêta

Du 06 mai 2019




1. SERVICES OPERATOR

The Services are operated by Lawgarithm, SAS, a French company registererd at R.C.S. de Paris under n° 837 758 556 with a capital of 2000 euros, whose registered office is located at 24 rue Mayet, BAT B, 75006 Paris (hereinafter referred to as "Lawgarithm").
Lawgarithm can be contacted at the following:
Mailing address: Lawgarithm SAS, 24 rue Mayet, Bât. B, 75006 Paris, FRANCE
Emai address: [email protected]

2. PURPOSE

These terms and conditions are intended to define the terms and conditions of use of the services offered on the site (hereinafter: the "Services"), as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time by a direct link at the bottom of the home page of the site.
They may be supplemented, where appropriate, by special terms and conditions specific to certain Services.
In case of contradiction, the special terms and conditions take precedence over these general terms and conditions.
LAWGARITHM IS A TECHNICAL PROVIDER THAT MANAGES A TECHNICAL AND SOFTWARE INFRASTRUCTURE AND MAKES SOFTWARE AND INFORMATION AVAILABLE TO USERS OF THE SITE TO UPLOAD/DOWNLOAD AND CUSTOMIZE ON THEIR OWN ADMINISTRATIVE AND LEGAL DOCUMENTS.
LAWGARITHM, OR ANY OF ITS OFFICERS, EMPLOYEES AND NON-LAWYER PARTNERS, IN ACCORDANCE WITH THE REGULATIONS APPLICABLE AND IN PARTICULAR WITH THE PROVISIONS OF THE LAW OF DECEMBER 31, 1971 AS AMENDED:
- ARE NOT A LAW FIRM AND DO NOT PROVIDE / PROVIDE LEGAL ADVICE;
- DO NOT PROVIDE LEGAL CONSULTATION SERVICES, LEGAL DRAFTING OR NOTARIAL SERVICES OR LEGAL REPRESENTATION SERVICES;
- DO NOT WARRANT THE CONTENT OF ANY DOCUMENT ANALYSIS, ITS COMPLIANCE, ACCURACY OR VALIDITY, OR THE COMPLIANCE, ACCURACY OR VALIDATY OF THE INFORMATION, AND DO NOT WARRANT THAT THE MODELS AND TEMPLATES USED MEET THE USER'S NEEDS, ESPECIALLY AS ARTIFICIAL INTELLIGENCE AND THE PREDEFINITION OF RULES IN NO WAY TAKES INTO ACCOUNT ALL THE CONSIDERATIONS OF SPECIFIC SITUATIONS,
- DO NOT WARRANT ANY CASE THE LEGAL EFFECTIVENESS OF THE INFORMATION, AUTOMATIC ANALYSES, DOCUMENTS AND MODELED DOCUMENTS AND TEMPLATES LISTED ON THE SITE.
IN NO EVENT SHALL LAWGARITHM BE LIABLE FOR ANY OMISSION, INACCURACY, OR ERROR CONTAINED IN THIS INFORMATION AND MODELED DOCUMENTS AND DOCUMENTS AND TEMPLATES, WHICH MAY CAUSE DIRECT AND / OR INDIRECT DAMAGE TO A USER.
USER ACKNOWLEDGES THAT:
- THE PRODUCTION OF ANALYSES AND THE DESIGN OF MODELED DOCUMENTS AND TEMPLATES VIA THE SOFTWARE OPERATED ON THE SITE ARE FULLY AUTOMATED, AND THE DOCUMENTS AND MODELED DOCUMENTS UPLOADED/DOWNLOADED ARE CREATED BY THE USER HIM/HERSELF, WITHOUT THE INTERVENTION OF A LAWYER OR ANY LEGAL CONSULTATION,
- THE MODELED DOCUMENTS ARE GENERATED AS A RESULT OF THE USER'S ACTION AND ARE NOT THE SUBJECT OF ANY DRAFTING, REVIEW AND MODIFICATION BY LAWGARITHM, ITS PARTNERS OR ANY OTHER PERSON,
- LES DOCUMENTS MODÉLISÉS SONT GÉNÉRÉS DU FAIT DE L’ACTION DE L’UTILISATEUR ET ILS NE FONT L'OBJET D'AUCUN TRAVAIL DE RÉDACTION, RÉVISION ET MODIFICATION PAR LAWGARITHM, SES PARTENAIRES OU TOUTE AUTRE PERSONNE,
- - THE DOCUMENTS READILY AVAILABLE ARE EXAMPLES AND / OR MODELS OF PREDEFINED RULES TO BE COMPLETED AND AN EXAMPLE AND / OR A MODEL CAN NOT BE SUITABLE TO EACH SPECIFIC SITUATION,
- FOR ANY LEGAL CONSULTATION, IT IS NECESSARY FOR THE USER TO CONTACT A LAWYER OR ANY OTHER PERSON EMPOWERED BY THE LAW TO PROVIDE LEGAL ADVICE SERVICES.

3. ACCESS TO SITE AND SERVICES

The Services are accessible, subject to the restrictions on the site:
- any natural person with full legal capacity to commit to these terms and conditions.
A natural person who does not have full legal capacity can only access the Site and the Services with the consent of his/her legal representative;
- to any legal person acting through a natural person having the legal capacity to contract on behalf of and for the account of the legal person.

4. ACCEPTANCE OF TERMS AND CONDITIONS

Acceptance of these terms and conditions is indicated by a check box in the registration form. This acceptance can only be full and complete.
Any registration subject to any reserves is considered null and void. Users who do not agree to be bound by these terms and conditions must not use the Services.

5. REGISTRATION ON THE WEBSITE

5.1 The use of the Services requires the User to register on the site, by completing the form provided for this purpose. The User must provide all the information marked as mandatory. Incomplete registration will not be validated.
The registration automatically entails the opening of an account in the name of the User (hereinafter: the "Account"), giving him/her access to a personal space (hereinafter: the "Personal Space") which allows to manage its use of the Services in a form and according to the technical means that Lawgarithm deems most appropriate to render said Services.
The User guarantees that all the information he/she gives in the registration form is accurate, up to date and sincere and is not vitiated by any misleading nature.
He/she undertakes to update this information in his/her Personal Space in case of changes, so that they always meet the above criteria.
The User is informed and agrees that the information entered for the purpose of creating or updating his/her Account is proof of his/her identity. The information entered by the User commits him/her as soon as it is validated.
5.2 The User may access his/her Personal Space at any time after logging in with his/her login and password. The User agrees to personally use the Services and not to allow any third party to use them in his/her place or on his/her behalf, except to bear full responsibility.
He/she is also responsible for maintaining the confidentiality of his/her username and password. He/she must immediately contact Lawgarithm at the coordinates mentioned in article 1 hereof if he/she notices that his/her Account has been used without his/her knowledge. He/she recognizes the right of Lawgarithm to take all appropriate measures in such cases.

6. DESCRIPTION OF SERVICES

The User has access to the Services described on the site, in a form and according to the functionalities and technical means that Lawgarithm deems most appropriate.

7. FREE SERVICES

The Services are provided free of charge.

8. DATA AND PROOF

The User acknowledges and expressly agrees:
(i) that the data collected on Lawgarithm's site and on its computer equipment is evidence of the reality of the operations in the context of these terms and conditions;
(ii) that such data constitutes the only admissible mode of proof between the parties, in particular for the calculation of sums due to Lawgarithm.
The User can access these data in his/her Personal Space.

9. USER LIABILITIES

Without prejudice to the other obligations provided for herein, the User undertakes to respect the following obligations:
9.1 The User agrees, in his/her use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, he/she is solely responsible for the proper performance of all formalities whether administrative, tax-related and / or social and all payments of contributions, taxes or levies of any kind applicable to him/her, if any, in relation to his/her use of the Services.
Lawgarithm can in no way be held liable in this respect and the User shall hold Lawgarithm harmless on any such matter.
9.2 The User acknowledges having read on the site the characteristics and constraints, including technical, of all Services. He/she is solely responsible for his/her use of the Services.
9.3 The User is informed and agrees that the implementation of the Services requires that he/she be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.
9.4 The User is also solely responsible for the relations he/she may establish with the other Users and the information he/she communicates to them in connection with the Services.
It is up to him/her to exercise proper prudence and discernment in these relations and communications. The User agrees in addition, in his/her exchanges with other Users, to respect the usual rules of politeness and courtesy.
9.5 The User agrees to make a strictly personal use of the Services. He/she is therefore prohibited from assigning, granting or transferring all or part of his/her rights or obligations hereunder to any third party in any way whatsoever.
9.6 The User agrees to provide Lawgarithm with all information necessary for the proper performance of the Services. More generally, the User agrees to cooperate actively with Lawgarithm for the proper execution of these terms and conditions and performance of Services.
9.7 The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including the name and / or image possibly chosen by the User to identify itself on the site) that it disseminates as part of the Services (hereinafter referred to as the "Content").
It guarantees to Lawgarithm that it has all the rights and authorizations necessary for the diffusion of these Contents.
It undertakes that said Contents are lawful, do not infringe public order, morality or the rights of third parties, do not violate any legislative or regulatory provisions and more generally, are in no way likely to trigger the civil or criminal liability of Lawgarithm.
The User is forbidden from broadcasting inappropriate content, including but not limited to:
- pornographic, obscene, indecent, offensive or inappropriate material for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist Content,
- counterfeit Content or material in any way in breach of another person’s intellectual property,
- Content prejudicial to a third party’s image,
- False or misleading Content or Content proposing or promoting illegal, fraudulent or deceptive activities,
- Content harmful to Lawgarithm's computer systems and / or third parties (such as viruses, worms, Trojan horses, etc.),
- and, more generally, Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner and in any form whatsoever.
9.8 The User acknowledges that the Services offer him/her an additional but not alternative solution to the means he/she already uses elsewhere to achieve the same objective and that this solution cannot be a substitute for these other means.
9.9 The User must take the necessary measures to safeguard by his/her own means the information of his/her Personal Space as he/she deems necessary, no copy of which will be provided by Lawgarithm.

10. USER GUARANTEES

The User warrants Lawgarithm against all actions and / or claims that Lawgarithm may suffer as a result of the User's breach of any of its obligations or warranties under these terms and conditions.
He/she agrees to indemnify Lawgarithm for any harm it may suffer and to pay any costs, fees and / or fines that Lawgarithm may have to bear as a result.

11. PROHIBITED BEHAVIORS

11.1 It is strictly forbidden to use the Services for the following purposes:
- the exercise of illegal or fraudulent activities or infringing the rights or security of third parties,
- the threat to or disruption of of public order or the violation of the laws and regulations in force,
- intrusion into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, violating its integrity or security,
- the sending of unsolicited emails and / or prospecting or commercial solicitation,
- manipulations intended to improve the referencing of a third site,
- the assistance or the encouragement, in any form and in any way whatsoever, to one or more of the acts and activities described above,
- and more generally any practice diverting the Services for purposes other than those for which they were designed.
11.2 Users are strictly prohibited from copying and / or diverting the concept, technologies or any other element of the Lawgarithm site for their own or third parties' purposes.
11.3 The following are also strictly prohibited:
(i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services,
(ii) any intrusions or attempted intrusions into Lawgarithm's systems,
(iii) any misuse of system resources
(iv) any actions likely to impose a disproportionate burden on the infrastructure of the latter,
(v) any breaches of the security and authentication measures,
(vi) any acts likely to infringe the financial, commercial or moral rights and interests of Lawgarithm or the users of its site, and finally more generally
(vii) any breach of these terms and conditions.
11.4 It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the site, as well as the information that is hosted and / or shared.

12. BREACH

In case of breach by a User of any of the provisions of these terms and conditions or more generally, violation of laws and regulations in force, Lawgarithm reserves the right to take any appropriate action including:
(i) suspend or terminate access to, or participation in, the Services by the User who has committed the breach or offense,
(ii) delete any content posted on the site,
(iii) post on the site any information message that Lawgarithm deems useful,
(iv) notify any relevant authority,
(v) initiate any legal action.

13. LIABILITY AND WARRANTY OF LAWGARITHM

13.1 THE USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD ALL OF THESE TERMS AND CONDITIONS, IN PARTICULAR ARTICLE 2.
13.2 Lawgarithm undertakes to provide the Services diligently and according to the rules of art, it being specified that such obligation shall be an obligation of means, to the exclusion of any obligation of result, which the Users specifically acknowledges and accepts.
13.3 Lawgarithm is not aware of the Content shared online by the Users in connection with the Services, Lawgarithm does not moderate, select, verify or control in any way such Content and Lawgarithm intervenes only as a hosting provider.
Accordingly, Lawgarithm can not be held responsible for the Content, whose authors are third parties, any potential claim to be directed in the first place to the author of the Content in question.
Content harmful to a third party may be notified to Lawgarithm in accordance with Article 6.I-5 of Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy , Lawgarithm reserving the right to take the measures described in Article 12 of these terms and conditions.
13.4 Lawgarithm declines any responsibility in case of possible loss of the information accessible in the User's Personal Space, the latter being responsible of saving a copy of it and not being able to claim any compensation in this respect.
13.5 Lawgarithm undertakes to carry out regular checks to verify the functioning and accessibility of the site. As such, Lawgarithm reserves the right to temporarily suspend access to the site for maintenance reasons. Similarly, Lawgarithm cannot be held responsible for temporary difficulties or impossibilities of access to the site due to external circumstances, force majeure, or due to disruption of telecommunications networks.
13.6 Lawgarithm does not warrant to Users (i) that the Services, subject to constant research to improve performance and progress, will be completely free from errors or defects, (ii) that the Services, being standard and not proposed for the sole purpose of a given User based on his/her own personal constraints, will specifically meet his/her needs and expectations.
13.7 In any event, the liability that may be incurred by Lawgarithm hereunder is expressly limited to proven direct damages suffered by the User.

14. INTELLECTUAL PROPERTY

The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) operated by Lawgarithm within the site are protected by all intellectual property rights and/or database producers rights in force.
All disassembly, decompilation, deciphering, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Lawgarithm are strictly prohibited and may be subject to prosecution. Lawgarithm only grants each User a non-exclusive, non-transferable and temporary right to use the Service.
The User remains the exclusive owner of the contractual data and documents that he/she uploads on the site. Lawgarithm is prohibited from communicating any user specific data to any third party.
The User however grants Lawgarithm the right to use for free and for an indefinite duration any such data and documents for the sole purpose of improving the efficiency of its artificial intelligence algorithms and more generally to improve its Services.

15. PERSONAL DATA

Lawgarithm follows a policy of protection of personal data, the characteristics of which are explained in these terms and conditions, possibly supplemented by a document entitled "Confidentiality Charter", which the User is expressly invited to read on the site.
15.1 Collected data: The personal data that can be collected on the Site are as follows:
- Creation of account / profile: are notably recorded, during the creation of the account / profile of the User, email address, password and potentially sector of activity and company of the User
- Connection to the site: on this occasion, are recorded in particular, the connection data of the User.
- Contact: When filling in the contact form, the name, first name, e-mail address and messages of the User are collected.
- Cookies: Cookies are used, in the context of the use of the Site, to collect certain information (in particular, the IP address of the User, information relating to the computer used for navigation, the mode connection, type and version of the internet browser, the operating system.
Some information, indicated by an asterisk, is required. Otherwise, Lawgarithm will not be able to provide the Services 15.2 Details about Cookies : When consulting the site, Cookies are placed on the User's computer, mobile or tablet.
A Cookie is information posted on the navigation device by the server of the visited Site. Some parts of the Site may not be functional without the acceptance of cookies by the User.
The information collected in this way will be used only to track the volume, type and configuration of traffic using this site, to develop the design and layout and for other administrative and planning purposes and more generally to improve Lawgarithm’s services.
This information will not, unless you agree, be kept for more than 3 years since the user last accessed the site. You have the option to disable Cookies from your browser settings.
15.3 Use of the collected data: The User's personal data are subject to processing by Lawgarithm, who acts as data controller within the scope of the Data Protection Act and since 25 May 2018 of the Regulation 2016/679 on the protection of personal data (hereinafter "GDPR").
The purpose of these processes is the creation and personalization of documents as part of the Services as well as the conduct of commercial prospecting by electronic means or by telephone on behalf of Lawgarithm. These treatments may also be aimed at the realization of commercial prospection by electronic means for the benefit of partner companies.
The main uses of personal data are also:
- access and use of the site;
- verification and authentication of your data;
- optimization of the layout and operation of the site;
- fight against fraud, misuse, viruses and other malware;
- analysis of the relevance of the product and adaptation of future developments to the needs of users
- management of the relationship with the users.
Lawgarithm is committed to ensuring the protection of the User's personal data and all personal data obtained in connection with the use of the Services.
The relative personal data will not be kept beyond the time strictly necessary for the pursuit of the stated purposes.
In particular, they are retained for as long as necessary during the provision of products and services by Lawgarithm and / or, as the case may be, the period of validity of the User account, unless:
- The User exercises, under the conditions set out below, one of the rights that are recognized by the law;
- A longer data conservation life is allowed or imposed under a legal or regulatory provision.
Certain data allowing to establish proof of a right or contract may be subject to an intermediate archiving policy for a period that shall not exceed the period necessary for the purposes for which they are stored, in accordance with any applicable law and regulation.
In accordance with the applicable legal and regulatory provisions, in particular the law n ° 78-17 of January 6th, 1978 as amended related to computing, files and freedoms and the European regulation n ° 2016/679 / UE of April 27th, 2016 (applicable as of May 25, 2018), the User has the following rights: - (If necessary) Update or delete the data by logging into his/her account and configuring his/her settings;
- Exercise his/her right of access, to know the personal data that concern him/her.
These treatments are legally based on enforcement of the contractual measures, consent of the person concerned and the legitimate interest of the data controller and in particular the conduct of commercial prospection.
15.4 User’s request: In compliance with the Data Protection Act and the GDPR, the User has, as per the applicable laws and regulations, a right of access, rectification, limitation of treatment, opposition to processing, portability, deletion of data and the right not to be the subject of an automated decision including profiling. The User may also withdraw his/her consent at any time.
For any request, the User may contact Lawgarithm at the coordinates mentioned in article 1 hereof.
Finally, the User has a claim right with the French Commission Nationale Informatique et Libertés.

16. ADVERTISING

Lawgarithm reserves the right to freely insert on any page of the site and in any communication to Users any advertising or promotional messages in a form and under conditions of which Lawgarithm will be sole decider.

17. LINKS AND THIRD-PARTY SITES

Lawgarithm cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including potential partners) to which the User accesses via the site.
Lawgarithm does not endorse any liability for the content, advertising, products and / or services available on such third-party sites and mobile apps which, as a reminder, are governed by their own terms of use.
Lawgarithm is not responsible for transactions between the User and any advertiser, professional or merchant (including any potential partners) to which the User is directed through the site and cannot under any circumstances be party to any potential disputes with these third parties concerning in particular the delivery of products and / or services, guarantees, declarations and any other obligations to which these third parties are held.

18. DURATION OF SERVICES, UNREGISTRATION

Services are underwritten for an indefinite period.
The User may unsubscribe from the Services at any time, by sending a request to this effect to Lawgarithm by email, at the coordinates mentioned in article 1.
The unsubscription is effective immediately. It automatically deletes the User Account.
Lawgarithm may terminate the Services at any time without notice. Lawgarithm will endeavor to send a notification to the User to the contact details provided during his/her registration.

19. AMENDMENTS

Lawgarithm reserves the right to modify these terms and conditions at any time.
The User will be informed of these modifications by any useful means.
Users who do not accept modified terms and conditions must unsubscribe from the Services in accordance with Article 18.
Any User who uses the Services after the entry into force of the modified terms and conditions is deemed to have accepted these changes.

20. LANGUAGE

This English version of these terms is a translation of the French terms and conditions of use of the site. In the event of contradiction or dispute over the meaning of a term or a provision, the French version shall prevail.

21. GOVERNING LAW AND JURISDICTION

These general terms and conditions are governed by French law.
In the event of any dispute as to the validity, interpretation and / or performance of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule, except contrary mandatory rules of procedure.

22. ENTRY INTO FORCE

Les These terms and conditions came into effect on May 6, 2019.