PREAMBLE

The present General Terms and Conditions define the rules and conditions of use of the Site as defined below, and govern strictly and in their entirety all Subscriptions taken out and sales made in France or abroad by WEPUB, a limited liability company with a capital of 10.000€, registered under number 835 398 058 with the Montpellier Trade and Companies Register, having its registered office at 24, rue du 8 mai 1945 – 34 160 SUSSARGUES, represented by Gédéon RUAS, its manager (hereinafter referred to as “EMITY”), which is a software publisher specializing in dynamic displays.

EMITY and the Customer are hereinafter individually referred to as a “Party” and together as the “Parties”.

Any subscription or purchase from EMITY implies full and unreserved acceptance of the present General Terms and Conditions. The Customer’s acceptance of these General Terms and Conditions is evidenced by :

• Either by handwritten signature (or that of a duly authorized representative), preceded by the words “Good for agreement”, on the paper version of the present document;
• By ticking the box next to the words “I have read the EMITY General Terms and Conditions of Use and Sale and accept them unreservedly. (Read the EMITY General Terms and Conditions of Use and Sale)” when validating the online Order Form.

By doing so, the Customer acknowledges that he/she has fully understood and accepts, without exception or reservation, all of the General Terms and Conditions set out below. The Customer further acknowledges that only these general terms and conditions apply, together with any special terms and conditions agreed with EMITY in the Order Form, the online Order summary or the Quotation accepted by the Customer, to the exclusion of the Customer’s own general terms and conditions of purchase.

DEFINITIONS

“Subscription” means the contractual relationship between the Parties under the terms of which the Customer subscribes to a set of Services from EMITY.

“Access” refers to the access granted to a User to the services provided by EMITY as part of the Subscription.

“Order Form” refers to the contractual document issued by the Customer, including the price of the Subscription and the Products. For the contract to be concluded, the Purchase Order must be confirmed in writing by EMITY, even if it follows a Quotation issued by EMITY.

“Order” generally refers to the fact of contracting with EMITY, whether following confirmation of the Order Form, acceptance of the Quotation or validation of an online Order. An Order may include the subscription to a Subscription and/or the order of Products.

“Online Order” means an Order placed via the EMITY website.

“Account” refers to the Customer’s account enabling access to and management of the various Services subscribed to.

“Customer” means any individual or legal entity, public or private, legally capable of contracting, having placed an Order and acting for purposes within the scope of its commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name and on behalf of another professional.

“Quotation” refers to the contractual document issued by EMITY at its convenience either in paper or digital format, mentioning in particular the price of the Subscription and/or Products, and which must be signed (signature being deemed confirmation of agreement) or confirmed by e-mail or any other digital means by the Customer.

“Player” refers to the equipment used to broadcast messages generated by the Customer via the Platform on any broadcast medium (televisions, totems, etc.).

“Product” means any material offered for sale by EMITY, including the Player.

“Services” refers to all the functionalities made available to the Customer via the Platform as part of the Subscription.

“User” refers to any person who uses the Services, whether the Customer, its representatives, agents or employees, and who has been granted Access to the Platform in this capacity. All Users are required to familiarize themselves with the following General Terms of Use prior to their first Access, and to comply with them throughout their use of the Services.

“Platform” refers to the software platform developed by EMITY and accessible to Users via their Access and grouping together the Services to which the Customer has subscribed as part of the Subscription.

Article 1. Control

The Parties expressly agree that the data recorded by EMITY as part of the Subscription and/or Product Order constitutes proof of all commercial transactions concluded between them.

Prior to any Order, a Quotation and/or Order Form is drawn up, identifying the Subscriptions or Products chosen. EMITY quotes are valid for thirty (30) days from the date they are sent or given to the customer.

In the case of an online Order on the EMITY website, a summary of the Order is available to the Customer prior to validation.

Unless expressly stipulated otherwise, the terms and conditions of the Order are those agreed between the Parties and indicated at the time of confirmation of the Order. All Orders are firm and final upon confirmation:

• By the validation of the online Order by the Customer ;
• By signature of the Quotation by the Customer, preceded by the mention “Bon pour accord”, accompanied by the initialled and signed General Terms and Conditions;
• By EMITY’s confirmation of the Order Form issued by the Customer and sent together with the initialled and signed present General Terms and Conditions.

Unless expressly agreed otherwise and the Customer reimburses the costs already incurred by EMITY, no modification, suspension or cancellation can be invoked against EMITY from the date of the Order. Any modification of an Order by the Customer requires the prior written agreement of EMITY. EMITY reserves the right to revise the price and deadlines initially proposed accordingly.

In the event of cancellation, any deposits paid will be retained as compensation, without prejudice to any claims for additional damages that EMITY may incur as a result of the cancellation.

Any delay or default attributable to the Customer or to a third party may result in a postponement of performance or delivery deadlines. The customer shall bear any additional costs arising.

Subject to informing the Customer concerned, EMITY reserves the right to refuse, suspend or cancel any Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the payment of an Order, a current Subscription or previously ordered Products.

Article 2. Price

Prices quoted in EMITY’s catalogs and sales literature, including its website, are for information only and may be changed at any time without notice.

The Order is invoiced on the basis of :

• for Subscription, the price in force for the current year and,
• in any case, according to the prices mentioned in the Order,
• Delivery charges are extra.

The Subscription price may be modified by EMITY each year, subject to written notification to the Customer at least three (3) months before the Subscription anniversary date.

All prices are quoted in euros, exclusive of tax, which is borne by the customer. The taxes applied are those stipulated by the regulations in force and, in the event that these are modified, the resulting price variations will take effect from the day of their application. The price inclusive of all taxes is indicated in the Order and on the corresponding invoice.

The Customer may benefit from price reductions, rebates, discounts and refunds, depending on the number of Subscriptions or Products ordered, at a single time and in a single place, or on the regularity of its Subscriptions, under the terms and conditions set out in these General Terms and Conditions and in the attached price lists.

Article 3. Terms of payment

By default, and unless expressly stipulated otherwise, the Subscription is invoiced in arrears and payment is made for the full annual Subscription price by cheque, bank transfer or duly authorized direct debit.

The Products must be paid for in accordance with the terms agreed at the time of the Order and indicated on the relevant invoice.

All invoices are sent either to the postal address or the e-mail address indicated at the time of the Order or any other address that the Customer may communicate to EMITY for this purpose. In this respect, EMITY accepts no liability if the Customer provides an incorrect address, whether physical or electronic. At the customer’s option, invoices can be made available directly on the customer’s account, in accordance with the legal and regulatory provisions governing electronic invoicing.

Unless otherwise agreed, invoices are payable net within thirty (30) days of the invoice date.

In the event of non-payment by the due date of the day following the payment date shown on an invoice, all sums due shall become immediately payable, without formal notice or other formality, and shall bear interest at three times the legal interest rate in force as set by the Banque de France, until full payment, without prejudice to damages. In addition, the Customer will be liable to pay a flat-rate indemnity for collection costs of forty (40) euros, with any additional expenses incurred for collection also to be borne by the Customer on presentation of the relevant receipts. Interest for late payment will be capitalized annually.

Payment by set-off is excluded. No discount will be granted for early payment. The customer may not grant a discount on his own initiative.

Article 4. Retention of title clause

The transfer to the Customer of the risks of loss and deterioration of the Products will take place upon delivery of the Products, independently of the transfer of ownership, regardless of the date of the Order and payment thereof.

The Customer therefore undertakes to take out insurance against all risks of loss, theft or destruction of the Products and against any risks they may cause, as soon as they are delivered.

However, EMITY expressly reserves ownership of the products delivered until full payment of the price, principal and interest. Where cheques or bills of exchange are issued, payment is only deemed to have been made on the date they are actually cashed.

Consequently, in the event of total or partial non-payment, EMITY may demand the return of products up to the amount of the debt.

In the event that the present clause is exercised for the purpose of returning the Products, any deposit paid by the Customer will be retained by EMITY as a lump-sum indemnity, without prejudice to any other actions that EMITY may be entitled to take against the Customer.

The Customer is authorized in the normal course of business to resell the Products covered by the Order. The purchaser undertakes to inform any sub-purchaser of the Product thus sold of the existence of the retention of title clause and to immediately inform EMITY of this sale so that the latter can preserve its rights and exercise any claim on the resale price.

Article 5. Subscription delivery and commissioning

5.1. Product delivery

Unless specifically agreed between the Parties, delivery times are given as an indication, which the Customer acknowledges and accepts, EMITY making its best efforts to respect them. They run from the date of the Order, subject to payment of the agreed down-payments. In the event of delay, EMITY undertakes to inform the Customer as soon as possible, by any means of communication, and to indicate the estimated duration of the delay.

A delay in delivery of less than ten calendar days cannot lead to cancellation of the Order or refusal of delivery, unless the Customer has expressly stated in writing the need for delivery on a specific date, which date is then confirmed by EMITY when the Order is placed.

Except in the case of force majeure and in cases where an imperative date has been agreed, if the Products have not been delivered ten calendar days after the indicative delivery date, the Order may be cancelled at the Customer’s request after formal notice to fulfil its obligation has been sent to EMITY by registered letter with acknowledgement of receipt and has remained without effect for 5 days from the date it was served.

It is the Customer’s responsibility to check the conformity of the Order upon delivery. Any non-conformity (number of packages, quantity of Products, apparent defect, integrity of packaging) must be noted on the delivery slip and confirmed to the carrier and EMITY by registered letter posted within three days of delivery.

In the event of delivery outside France, delivery is deemed to be EXWORKS Sussargues (Incoterms 2020), with transport being at the customer’s risk and expense, and the customer must take out appropriate insurance and arrange for any customs clearance (delivery outside the European Union).

5.2. Subscription activation

Once the Order has been placed, and subject to payment of any agreed deposits, EMITY will schedule a date with the Customer as soon as possible for the installation and commissioning of the Subscription. In the event that EMITY does not supply all the necessary hardware, the minimum configurations specified in the Order must be available on the said hardware.

EMITY will create the Customer’s Account and the necessary back office parameters as soon as possible in order to allow the designated Users access to the Services. User IDs and access codes are generated by the Customer; EMITY has no knowledge of them.

All use of the Platform and Services is subject to compliance with the General Terms of Use below. The Customer is responsible for compliance with these General Terms and Conditions of Use by any representative, agent or employee to whom the Customer entrusts a login and password.

For assistance in using all the features of the Platform and the Players, customers may send their questions to the following e-mail address: serviceclient@emity.io.

Article 6. Term and Termination

Unless expressly stipulated otherwise, the Subscription is concluded for a period of one (1) year, tacitly renewable for successive equivalent periods of one (1) year, in the absence of notification by one of the Parties at least two (2) months before the expiry of each period by registered letter with acknowledgement of receipt.

In the event of either Party failing to meet its obligations with regard to the provision of Services under the terms of this Agreement, or failing to pay on the agreed due date, and such failure is not remedied within fifteen (15) days of receipt of the registered letter with acknowledgement of receipt notifying the default, the other Party may terminate the Subscription immediately and by operation of law.

Termination shall be without prejudice to any other right or action which the Party suffering the default may have against the Party at fault.

In the event of termination of the Subscription, the Customer remains liable for payment of all previous Subscriptions or instalments up to the effective date of termination, and more generally for payment of all invoices due to EMITY and remaining unpaid notwithstanding the effective date of termination, including invoices relating to Products.

Article 7. Maintenance

Maintenance is provided in accordance with the attached Service Level Agreement (SLA).

EMITY thus reserves the right to suspend access to the Platform in whole or in part, in particular to carry out any correction, update or maintenance operation.

Any emergency maintenance operation, in particular to secure the Platform, may be carried out without prior notice.

Article 8. Warranty / Liability / Insurance

8.1. Product warranty

The Customer is responsible for the accuracy, sincerity and veracity of the information provided to EMITY. EMITY cannot be held responsible for any error in the input of this information.

The Customer may not claim any exchange, repair or refund of the Products, nor even take advantage of any guarantee if the damage or defect is apparent on the day of delivery and the Customer nevertheless accepts the Product in question.

The Products are subject, under the conditions set out below, to the legal warranties in force concerning hidden defects (Articles 1641 et seq. of the French Civil Code) and defective products (Articles 1245 et seq. of the French Civil Code). However, this warranty will be limited, with respect to the Customer, to the price of the Product in question, under the conditions defined in article 1245-14 paragraph 2 of the French Civil Code.

EMITY guarantees the Products delivered against any manufacturing or operating defect under the conditions and within the limits set out below.

The warranty only applies if the customer has fulfilled his general obligations and, in particular, his payment conditions.

To be able to invoke the benefit of the warranty, the Customer must notify EMITY in writing of the defects he attributes to the Product and provide any justification as to the content of these defects.

The Customer establishes that the defect manifested itself under the conditions of use normally foreseen for the type of Product or indicated by EMITY in writing, and in the course of normal use and usage.

The customer must give EMITY every opportunity to ascertain and remedy any defects. After having been duly notified of the defect in the material, EMITY will remedy the defect as soon as possible, reserving the right, where applicable, to modify all or part of the Product, in order to meet its obligations and in compliance with the specifications of said Product.

The warranty does not apply in the event of faulty storage, fault on the part of the customer or a third party, negligence, carelessness, lack of supervision or maintenance, misuse of the product (contrary to its intended purpose), failure to observe assembly or operating instructions, or use in extreme conditions.

The warranty will not apply if the Product has been modified, repaired or adapted without EMITY’s agreement and/or parts have been changed (as part of an upgrade, for example) and the malfunction is the result of such operations.

Finally, the warranty is excluded for incidents resulting from transport provided by or on the initiative of the Customer, as well as for deterioration, replacement or repair resulting from normal wear and tear of the Product.

In any event, the warranty provided by EMITY is limited to the obligation to provide, at its own expense and as quickly as possible, the repair or replacement of the Product recognised as defective by EMITY’s technical services with regard to the specifications of said Product and the performance agreed at the time of the Order.

Replacement of defective Products or parts will not extend the warranty period.

The warranty period is specified in the Product description. On expiry of this period, the warranty automatically ceases.

8.2. Responsibility for use of the Platform

EMITY is not responsible for any costs or expenses related to the use of the Platform, and in particular the fees charged by the access provider for network use and data sharing.

The Customer is solely responsible for the use he makes of the Platform and the content he enters or distributes via the Platform. In this capacity, he is responsible for :

• of the content produced by him or on his behalf through the medium, and in particular of the respect of good morals of the said content;
• its compliance with laws and regulations, in particular those concerning the protection of minors, the repression of apology for crimes against humanity, incitement to racial hatred and child pornography, incitement to violence, in particular incitement to violence against women, as well as offences against human dignity and respect for the human person, and ;
• respecting the rights of third parties, particularly in terms of intellectual property.

EMITY is solely responsible for the content produced by it and integrated into the Platform, and for its functionality under the conditions of the attached SLA.

In any event, it is bound by an obligation of means, except where specific results are expected and expressly specified.

Given the technical hazards associated with the decentralized operation of the Internet network, EMITY provides no guarantee of continuity of service or absence of errors on the Platform.

EMITY cannot be held responsible if any malfunction of the Platform, beyond its control, prevents access to the Account.

The same applies if the correct operation of the Platform is prevented due to the presence of a virus, malware, Trojan horse or other malicious program installed on or transferred through the User’s equipment.

EMITY will not be liable for any damage suffered or caused by the use of the Platform under these conditions, whether material or immaterial, consequential or non-consequential. In this respect, it is the User’s responsibility to take all appropriate measures to protect their hardware, data and software from contamination by computer viruses and other invasive elements harmful to the proper functioning of their hardware and computer system.

In addition, EMITY cannot be held responsible for damages of any kind, whether material or immaterial, direct or indirect, which may result from improper use of the Platform or from an adaptation or modification carried out at the sole initiative of the User or on his/her behalf.

8.3. General provisions

EMITY excludes all liability, for whatever reason, for indirect damage such as loss of profit, commercial or financial loss, increase in overheads, the consequence of recourse by third parties or loss originating from or resulting from the Subscription or the use of the Products, even if EMITY has been previously informed, as well as damage caused to persons or property distinct from the object of the Subscription or the Products.

In any event, should EMITY be held liable in any way whatsoever, the total amount of compensation that EMITY may be required to pay the Customer may not exceed the amount (excluding tax) received by EMITY for the Subscription or Product concerned, whatever the legal basis of the claim and the procedure used to bring it to a successful conclusion.

8.4. Insurance

Each of the Parties declares that it is insured with a solvent insurance company for all the consequences of acts for which it may be held liable under the Subscription or the Products.

Article 9. Intellectual property on the Products

All intellectual property rights and other rights relating to the Products, including copyrights, trademarks, designs, patents, and any other intellectual property rights or other rights, protected or not, protectable or not, are and remain the exclusive property of EMITY and, for technologies or goods licensed or for which EMITY is a reseller, of their authors and/or owners.

The Customer acknowledges the existence of these property and intellectual property rights, and undertakes not to take any action to infringe, limit or restrict in any way whatsoever the property or rights of EMITY or the holders.

Article 10. Force Majeure

Under no circumstances may the Parties be held liable for any failure or delay in the execution of the Subscription and/or the sale of Products due to one of the cases of force majeure defined by article 1218 of the French Civil Code and accepted by the jurisprudence of French courts and tribunals.

The occurrence of a case of force majeure suspends the Subscription and/or Product order, with the exception of the Customer’s obligation to pay the sums due up to the day of the occurrence of the case of force majeure.

If a case of force majeure continues beyond a period of thirty (30) days, the Subscription and/or the order may be terminated immediately and by operation of law, without legal formalities, by either of the Parties, by sending a registered letter with acknowledgement of receipt.

Article 11. Commercial reference

Unless expressly stipulated to the contrary, the Customer authorises EMITY to quote it as a reference in all its commercial documentation, as well as on its website. It therefore authorizes the use of its logos or trademarks without modification.

Article 12. Transfer

The Subscription is concluded “intuitu personae” between EMITY and the Customer, and the rights and/or obligations defined therein will under no circumstances be assigned, sold or transferred, nor will they be novated or delegated, in whole or in part, by one of the Parties without the prior written agreement of the other Party.

Notwithstanding the above, it is agreed that EMITY nevertheless has the right to assign or transfer all or part of the Subscription to one of its subsidiaries or to any legal entity directly or indirectly controlled by it within the meaning of article L.233-3 of the French Commercial Code. EMITY also has the right to sub-contract all or part of the Subscription.

Article 13. No stripping

The Customer agrees not to directly or indirectly employ or solicit any EMITY employee or corporate officer.

The aforementioned commitment not to disconnect will continue to apply to the Customer for a period of three (3) years from the end of the last Subscription taken out by the Customer with EMITY.

Article 14. Account Privacy

After creating an Account, the User is invited to personalize his/her password. It is recommended to choose a complex password (more than 8 characters, including upper and lower case letters, numbers and special characters), distinct from all other passwords that the User may already use for other services or websites.

Account identifiers and passwords are strictly personal and confidential.

The User is entirely responsible for the use and safekeeping of login details and passwords. The User undertakes to do everything in his power to keep and (for the Customer) to have kept secret these login and password. To protect the confidentiality of User IDs and passwords, Users are asked to log out of the Platform at the end of each connection session.

In the event of loss or unintentional disclosure of any element likely to enable a third party to gain knowledge of the User’s password, the password must be changed as follows:

• For a change during connection to the Platform: the password can be changed on the Platform by going to “Administration” then “User” and clicking on the “Change password” link, which will generate a new password and cancel the previous one.
• If you wish to change your password before logging on to the Platform, or if you are unable to do so, you can do so by clicking on the “Forgot your password?” link on the login page.

EMITY cannot be held responsible for any damage resulting from the loss or disclosure of login details and passwords, and in particular for fraudulent use of the Site and loss of data.

Article 15. Platform operating conditions

The User has the right to access and use the Platform in accordance with its purpose and the present terms, for exclusively private, personal use, depending on the options subscribed to, where applicable.

This access is granted only insofar as a Subscription is in progress and duly paid, and within the limit of the Services subscribed to.

Under no circumstances may the User download or modify all or part of the Platform without the prior written consent of EMITY.

No commercial use of the Platform and/or all or part of its content is authorized.

The User undertakes to comply with and to ensure compliance by its representatives, agents and employees with all provisions relating to the use of the Platform.

In this respect, the User declares that he/she is aware of the characteristics of the Internet and recognizes its limitations, in particular that :

• Data transmissions on the Internet are only relatively reliable, as they circulate on heterogeneous networks with different characteristics and technical capacities, which are sometimes saturated at certain times of the day;
• data circulating on the Internet is not protected against possible misappropriation, and therefore the communication of identifiers, passwords and more generally any sensitive information is carried out by Users at their own risk.

In addition, the User guarantees that the Platform will not be used in any way that is not provided for in these General Terms and Conditions. In this respect, he/she guarantees that the Platform will not be used in any way whatsoever to enter or disseminate comments constituting :

• messages of a pornographic, racist, xenophobic, revisionist, war crime apology, discriminating or inciting hatred against a person or a group of persons because of their origin, gender, ethnicity, beliefs or way of life;
• messages that are abusive, defamatory, violent, threatening, offensive or offensive to human dignity;
• messages that infringe intellectual property rights, image rights or privacy rights;
• in general, messages contrary to the laws and regulations in force in France.

The User undertakes not to use computer flaws or bugs to obtain advantages in using the Platform. Likewise, the user undertakes to inform EMITY immediately if he/she notices any fault or error on the aforementioned Platform.

The User undertakes not to exploit the Platform in any way that could render it inaccessible, damage it or prevent it from functioning.

In the event of a breach by the User of any of the provisions of these General Conditions of Use, EMITY reserves the right to temporarily or permanently suspend access to the User’s Account, without prior warning and at its sole discretion, without compensation. In the event of a breach leading to termination of the Subscription, any new Subscription request may be refused.

The sanctions described above may be applied without prejudice to any criminal or civil proceedings to which the user may be subject by public authorities, third parties or EMITY.

In order to benefit from assistance in the use of all the functionalities of the Platform, as well as the Products offered by EMITY, the User may send questions to the following email address: serviceclient@emity.io.

Article 16. Intellectual Property

All intellectual property rights and other rights relating to the Platform, including copyrights, trademarks, designs and models, database rights, as well as any other intellectual property rights or other rights, protected or not, protectable or not, are and remain the exclusive property of EMITY and, for licensed technologies or goods, of their authors and/or owners.

The User acknowledges the existence of these property and intellectual property rights, and undertakes not to take any action whatsoever to infringe, limit or restrict in any way whatsoever the property or rights of EMITY with regard to the Platform. In particular, the User undertakes not to contest EMITY’s status as author and owner of the Platform.

In accordance with and within the limits of the provisions of article L.342-1 of the French Intellectual Property Code, EMITY prohibits the extraction or re-use of all or part of the content of the Platform.

Nothing in these Terms and Conditions shall be construed as conferring any rights whatsoever on the User other than those granted to them under these Terms and Conditions. Unless otherwise agreed between the parties, EMITY reserves all rights not expressly granted herein.

If the User wishes to use and/or distribute data, information and/or content from the Platform for any other purpose, he/she must first submit a written request to EMITY’s head office. In the event of a request for the assignment of any intellectual property rights whatsoever, such assignment shall give rise to a separate written contract signed by both Parties, specifying the detailed terms of the assignment of rights.

Subject to full payment of the price and unless a transfer of rights is formalised between the parties, EMITY grants the user a simple user licence, for use in accordance with the present General Terms and Conditions.

The User agrees not to use the Platform for commercial purposes, nor to rent, lend, sell, publish, offer a licence or sub-licence, distribute, assign or transfer in any way all or part of the Platform to any third party without the express, prior written authorisation of EMITY, which may require financial consideration.

Article 17. Decompilation

As a matter of principle, the User is under no circumstances authorized to decompile the Platform outside the framework specifically provided for by law.

Prior to any decompilation operation, which may only be carried out within the framework authorised by law, the User must first notify EMITY so that the latter can transmit the information required to achieve the desired interoperability.

EMITY has 15 working days to execute the order.

No decompilation operations may be carried out during this period or if EMITY transmits any information required to achieve interoperability.

Decompilation information must not be disclosed to any third party. They may not be used for any purpose other than interoperability. No operation may be carried out for the purpose of reproducing the principle of the Platform and/or its Services within a platform competing with EMITY, whether existing or to be developed.

Article 18. Responsibility of the User

The User is solely responsible for the use he makes and which is made in his name of the Platform and the content he enters or broadcasts through it. In this capacity, he is responsible for :

• of the content produced by him or on his behalf through the medium, and in particular of the respect of good morals of the said content;
• its compliance with laws and regulations, in particular those concerning the protection of minors, the repression of apology for crimes against humanity, incitement to racial hatred and child pornography, incitement to violence, in particular incitement to violence against women, as well as offences against human dignity and respect for the human person, and ;
• respecting the rights of third parties, particularly in terms of intellectual property.

Article 19. Modification

EMITY may modify these General Terms and Conditions at any time, in particular to comply with legal requirements. In such a case, the User must accept the new General Terms and Conditions of Use the next time he/she accesses the Platform.

Article 20. Conditions for collecting and using personal data

Within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“General Data Protection Regulation” or “GDPR”), each party is independently responsible for its own processing and must assume its own responsibilities for compliance with the applicable regulation of its personal data collection, processing and transfer practices.

In this respect, each party that communicates personal data to the other guarantees that it has been collected in compliance with applicable regulations. The Customer therefore undertakes to inform the persons whose personal data it communicates to EMITY of the fact that their data may be processed by EMITY and, more generally, of the content of the present article.

EMITY may collect and process the personal data of the Customer (if the Customer is a natural person) and of its staff members (including its representatives) for the purposes of monitoring the execution of the order, the Subscription and its follow-up. The legal basis for this processing is EMITY’s legitimate interest in ensuring the correct execution of the order, or, when the Customer is an individual, the need to execute the contract concluded with him.

In order to ensure the efficient processing and security of the personal data it processes, EMITY may pass them on to subcontractors, particularly in the field of IT management. In special circumstances, EMITY may disclose such data to other third parties, in particular by law and/or at the request of public authorities, in order to protect EMITY’s rights or in the event of the restructuring or sale of EMITY.

EMITY will store the personal data communicated to it by the Customer on servers located in the European Union for as long as is necessary to fulfil its obligations and safeguard its rights and interests, taking particular account of applicable civil and criminal limitation periods, CNIL recommendations, applicable regulatory requirements and industry standards.

In application of the regulatory and legal provisions in force, the individuals whose personal data is processed by EMITY in the context of the order have the right to ask EMITY for access, rectification and/or deletion of their personal data, to request a limitation of the processing of their personal data, to object to the processing of their personal data by EMITY and the right to the portability of their personal data, or the right to define directives relating to the conservation, deletion and communication of their personal data after their death.

To exercise any of these rights, a request must be sent to the following postal address: EMITY, 3 avenue de l’Europe 34830 CLAPIERS or by e-mail: contact@emity.io.

Data subjects also have the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL).

For more information, please consult our Privacy Policy.

Article 21. Privacy

Each of the Parties undertakes to use all appropriate means to maintain the strictest secrecy with regard to information designated as confidential by the other Party, and to which it may have had access for the purposes of the Subscription, during access to the Platform or during the performance of any of the Services.

Each party undertakes to ensure that its employees, directors, officers, parent company, subsidiaries and any subcontractors or agents comply with this obligation.

The obligation of confidentiality will persist for a period of three (3) years from the end of the last Subscription taken out by the Customer with EMITY, whatever the cause and conditions. It will become null and void for any information that falls into the public domain without any intervention by the Party that received the information.

Article 22. General Provisions

If any provision of these General Terms and Conditions, or any part thereof, is found to be invalid under any applicable law or regulation, or as a result of a final court decision, such provision shall be deemed to be unwritten, but shall not invalidate the General Terms and Conditions as a whole, or the provision only partially affected thereby.

The fact that one or other of the Parties has not demanded, temporarily or definitively, the application of a stipulation of the present General Terms and Conditions shall not be considered as a waiver of the rights held by that Party.

Article 23. Applicable law

The present General Terms and Conditions, as well as all contractual relationships that may result from them, are governed by French law.

Article 24. Disputes

In the event of a dispute between the Customer and EMITY, the Parties undertake to seek an amicable solution, taking into account the interests of each party, before taking any legal action.

ANY DIFFICULTY RELATING TO THE VALIDITY, INTERPRETATION OR EXECUTION OF THESE TERMS AND CONDITIONS WHICH CANNOT BE SETTLED AMICABLY SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE COURT OF APPEAL OF MONTPELLIER, EVEN IN THE EVENT OF A WARRANTY CLAIM, A PLURALITY OF DEFENDANTS OR AN INTERLOCUTORY APPEAL.