Terms and Conditions of Use
SAS registered at the RCS of Creteil (France) under the n° 898 855 036
2. Access to the Site and Services
The Site and the Services are intended exclusively for professionals in the context of their activity. In this context, the Services are thus accessible, subject to the restrictions provided on the Site:- to any natural person with the power or authority to enter into commitments under these terms and conditions. A natural person who does not have full legal capacity may only access the Site and the Services with the agreement of his or her legal representative;- to any legal person acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal person.
3. Acceptance of the general conditions
The acceptance of the present general conditions is materialized by a checkbox in the registration form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. The User who does not agree to be bound by these terms and conditions must not use the Services.
4. Registration on the Site
4.1. To use the Services, the User must:
- either fill out the registration form available on the Site;
- or be registered with one of the third-party sites indicated on the Site and use his connection identifiers for said third-party site to register on the Site. In this case, he must provide Visum with any additional information requested. The User expressly authorizes Visum to access his account data on the third-party site concerned.
In all cases, the User must provide Visum with all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the User's name (hereinafter the " Account ") which allows him to manage his use of the Services in a form and according to the technical means that Visum deems most appropriate for rendering said Services.
The User guarantees that all the information he gives in the registration form or that he provides through the third-party sites referred to above is accurate, up-to-date and sincere and is not misleading in any way.
He agrees to update this information in his Account in the event of modifications, so that they always correspond to the above-mentioned criteria.
The User is informed and accepts that the information entered for the purposes of creating or updating his Account is proof of his identity. The information entered by the User is binding upon validation.
4.2. The User can access his Account at any time after having identified himself using his login and password.
The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, unless he bears full responsibility.
He is likewise responsible for maintaining the confidentiality of his identifier and password, any access to the Site using the latter being deemed to have been made by the User. The User must immediately contact Visum using the contact information mentioned herein if he notices that his Account has been used without his knowledge. The User acknowledges Visum's right to take all appropriate measures in such a case.
5. Description of the Services
Visum offers a service for updating User Data through various operations on the data, such as cleaning, correcting, synchronizing, enriching and organizing the Data. The Services are detailed on the Site, in a form and according to the functionalities and technical means that Visum deems most appropriate.
6. Duration of Services, Termination
The Services are subscribed to in the form of a subscription (hereinafter the " Subscription ").
The Subscription begins on the day of its subscription, subject to payment of the price in accordance with the "Financial Conditions" article, for the duration subscribed by the User, which may be monthly or annual (hereinafter the " Initial Period "), from date to date.
It is then renewed tacitly for successive periods of the same duration as the Initial Period (hereinafter referred to, together with the Initial Period, as the " Periods "), from date to date, unless terminated by Visum or by the User, which may be done at any time.
Termination of the Subscription by the User is done directly through his Account.
Cancellation of the Subscription by Visum is done by sending an email to the User.
Any Subscription Period begun is due in its entirety.
The User may unsubscribe from the Services at any time.
7. Test Period
The User may subscribe to the Basic Offer Services, free of charge and for a test period (hereinafter the " Test Period ") of 7 (seven) days.
8. Financial conditions
The prices of the Services are indicated on the Site.
Unless otherwise indicated, the prices are expressed in Euros and exclusive of tax.
Visum reserves the right, at its own discretion and according to the terms and conditions of which it shall be the sole judge, to propose promotional offers or price reductions.
9. Agreement of proof
The User acknowledges and expressly accepts:(i) that the data collected on the Site and Visum's computer equipment are proof of the reality of the operations carried out within the framework of the present contract;(ii) that these data constitute the main method of proof accepted between the parties, in particular for the calculation of the sums owed to Visum
10. Obligations of the User
Without prejudice to the other obligations set forth herein, the User agrees to comply with the following obligations.10.1. The User agrees, in its use of the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.10.2. The User acknowledges that he/she has read on the Site the characteristics and constraints, particularly technical, of all the Services. He is solely responsible for his use of the Services.10.3. The User agrees to make strictly personal use of the Services. Consequently, he/she is prohibited from assigning, conceding or transferring all or part of his/her rights or obligations hereunder to a third party, in any manner whatsoever.10.4. The User undertakes to provide Visum with all the information necessary for the proper performance of the Services. More generally, the User undertakes to actively cooperate with Visum for the proper performance of the Services. 10.5. Where the Data is stored on the servers of a third party service provider, such as Salesforce, Hubspot and Pipedrive, the User expressly authorizes Visum to access his Data, and where applicable his account on the service provider's site, and to carry out any operation on the Data that is necessary for the implementation of the Services, such as adding, modifying, deleting or merging the Data. The User undertakes to take all useful measures and to provide Visum with all information necessary for this purpose. The User acknowledges that the Services offer him an additional, non-alternative solution for processing, correcting and updating his Data and that this solution is not a substitute for other means that the User may have at his disposal to achieve the same objective.10.7. The User is informed and accepts that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he alone is responsible.
11. User's warranty
The User indemnifies Visum against all complaints, claims, actions and/or demands of any kind that Visum may suffer as a result of the User's breach of any of his obligations or guarantees under these general terms and conditions, and undertakes to compensate Visum for any damage that it may suffer and to pay all costs, charges and/or sentences that it may have to bear as a result.
12. Prohibited behaviors
12.1. It is strictly forbidden to use the Services for the following purposes:- carrying out illegal, fraudulent activities or activities that infringe on the rights or security of third parties,- undermining public order or violating current laws and regulations,- intruding into a third party's computer system or any activity of a nature to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security,- sending unsolicited emails and/or commercial prospecting or solicitation,- manipulations intended to improve the referencing of a third party site,- aiding or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above,- and more generally any practice diverting the Services to purposes other than those for which they were designed.12.2 It is strictly forbidden for Users to copy and/or divert for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the Site.12.3. The following are also strictly prohibited: (i) any behaviour of such a nature as to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into Visum's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions of such a nature as to impose a disproportionate burden on the latter's infrastructures, (v) any infringement of security and authentication measures, (vi) any acts likely to infringe the financial, commercial or moral rights and interests of Visum or of the users of its Site, and finally more generally (vii) any breach of these general conditions.12.4 It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or to the Site, as well as to the information hosted and/or shared there.
13. Sanctions for non-compliance
In the event of a breach of any of the provisions of these general terms and conditions or, more generally, a breach of the laws and regulations in force by a User, Visum reserves the right to take any appropriate measure and in particular to :
(i) suspend access to the Services of the User who is the author of the breach or infringement, or who has taken part in it,
(ii) delete any content placed online on the Site,
(iii) publish on the Site any information message that Visum deems useful,
(iv) notify any authority concerned,
(v) initiate any legal action.
14. Liability and Warranty of Visum
14.1 Visum undertakes to provide the Services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept. Since the Services are carried out by an algorithm by means of an automatic process, Visum cannot guarantee that the updating of the Data will be free of errors, particularly in the case of homonyms, and it cannot be held liable in this regard. In the event of an error, Visum undertakes, at the User's request, to correct the said error as soon as possible. 14.3. Visum undertakes to conduct regular checks to verify the operation and accessibility of the Site. In this regard, Visum reserves the right to temporarily interrupt access to the Site for maintenance reasons. Visum cannot be held responsible for temporary difficulties or impossibilities of access to the Site that are due to circumstances beyond its control, to force majeure as defined in Article 1218 of the Civil Code, or that are due to disruptions in the telecommunications networks.14.4. Visum does not guarantee to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way offered for the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations.14.5. In any event, the liability that Visum may incur hereunder is expressly limited to proven direct damages suffered by the User.
15. Visum's Intellectual Property
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) used by Visum on the Site are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without Visum's authorization, is strictly prohibited and may be subject to legal proceedings.
In particular, the processing and enrichment of the data carried out by Visum are protected by the sui generis rights of the data producers in force. Consequently, any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of the data, in whole or in part, and in particular for the purpose of resale, are strictly prohibited and may be subject to legal proceedings, which the User expressly acknowledges.
16. Personal data
16.1. Users' personal data
Visum has a personal data protection policy, the characteristics of which are set out in the document "Personal Data Protection Charter", which the User is expressly invited to read. Data processed by Visum in connection with the ServicesThe processing of Data by Visum is subject to the "Data processing agreement" accessible on the Site, which the User must expressly accept by checking a box in the registration form.
Visum reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions to be determined by Visum alone.
18. Links and third party sites
Visum may not under any circumstances be held responsible for the technical availability of Internet sites or mobile applications operated by third parties (including its possible partners) to which the User may have access through the Site. Visum assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own conditions of use. Nor is Visum responsible for transactions between the User and any advertiser, professional or merchant (including any of its partners) to which the User may be directed via the Site, and Visum shall in no way be a party to any disputes whatsoever with these third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and any other obligations whatsoever to which these third parties are bound.
19. Commercial references
The User expressly authorizes Visum to quote him and to use, if necessary, the reproduction of his brand or logo as a commercial reference, in particular at events, in his commercial documents and on his Internet site, in any form whatsoever.
20.1. Visum reserves the right to modify these general terms and conditions at any time.20.2. The registered User will be informed of these modifications by any useful means at least 1 (one) month before they come into force. The modified general terms and conditions will apply as of the renewal of this Subscription following their coming into force.20.3. If the User does not accept the modified terms and conditions, the User must unsubscribe from the Services in accordance with the terms and conditions set out in the article "Duration of the Services, Termination".20.4. Any User who uses the Services after the entry into force of the modified terms and conditions is deemed to have accepted these modifications.
In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute as to the meaning of a term or provision.
22. Applicable law and jurisdiction
The present general conditions are governed by French law. In the event of a dispute concerning the validity, interpretation and/or execution of these terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on the matter, except for mandatory procedural rules to the contrary.
23. Entry into force
These terms and conditions came into effect on January 23, 2022.