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TERMS OF USE
DEEPLIFE

DEEPLIFE, a simplified joint stock company, registered with the Evreux Trade and Companies Register under number 852661230, having its registered office at 42 rue de Glatigny - 27200 Vernon, France.

Hereinafter referred to as "DEEPLIFE".

Any person requesting use of the Software is referred to as the "Customer".

The Customer and DEEPLIFE are referred to individually as a "Party" and collectively as the "Parties".

ARTICLE 1 - DEFINITIONS

In the present Terms of Use (TOU), the following words and expressions, used in the plural and/or singular, have the following meaning, unless the context otherwise requires:

"Subscription" refers to any annual subscription taken out by a Customer for the use of the Software. Subscriptions are taken out for a minimum of one year.

"Customer" means any individual or legal entity using the Software.

"Personal Data" means any information relating to an identified or identifiable natural person within the meaning of Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR).

"Force Majeure" means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code and recognized as such by the case law of the French courts.

"Software" means the version of the object code of DEEPLIFE's computer program(s), the associated user documentation and the other related media, in particular the software security keys where applicable, supplied to the Customer by DEEPLIFE. The Software also includes any updates that the Customer receives from DEEPLIFE unless such updates are delivered together with another end user license agreement, in which case the latter shall take precedence over these TOU.

"Updates" means the improvements made to the existing standard functionalities of the Software, on the day of the subscription to a License Agreement.

ARTICLE 2 - PURPOSE

2.1. The purpose of this TOU is to set out the conditions of use of the Software by the Customer.

2.2. The Software is accessible in Software as a Service mode.

2.3. Using DEEPLIFE’s services and/or taking a Subscription implies the Customer's full and unreserved adherence to and acceptance of these TOU. Any general or specific terms and conditions of the Customer that DEEPLIFE has not expressly accepted in writing are excluded.

2.4. DEEPLIFE reserves the right to modify, update or amend these TOU at any time, subject to displaying these modifications on the DeepLife website (https://www.deeplife.co/), in particular in order to take account of legislative, regulatory, case law and/or technical developments. Any subsequent revised version of these TOU will be applicable between the Parties from the first day of the month following the publication of said latest version.

ARTICLE 3 - SUBSCRIPTIONS

3.1. Each Subscription takes effect on the subscription date, for a period of one (1) year, tacitly renewed.

3.2. As of the end of the first year of Subscription, the Customer may terminate the Subscription at any time, without cause, by sending an email to contact@deeplife.co, subject to a fifteen (15) calendar days' notice.

ARTICLE 4 - CREATION OF ACCOUNTS

4.1. To open an account, the Customer provides DEEPLIFE with the following information:

  • The name of the company;
  • A billing address;
  • A valid email address;
  • A telephone number;

The Customer understands that extract of commercial registry or any other document enabling the Customer to be identified may be requested.

The Customer undertakes to provide accurate information and to inform DEEPLIFE of any change in the information provided. Any change must be the subject of a written and detailed request accompanied by an extract of commercial registry or any other supporting document enabling the request to be substantiated, where applicable. The Customer provides DEEPLIFE with the new relevant information and in particular any legal information required for the modification and updating of the account.

4.2. The Customer shall inform DEEPLIFE of the number of User accesses to be created. DEEPLIFE will create the User accesses according to the information provided by the Customer.

ARTICLE 5 - USE OF THE SOFTWARE - LICENCE

5.1. Subject to compliance by the Customer with the present TOU, DEEPLIFE grants the Customer, who accepts it, a personal, non-exclusive, non-transferable and non-transferable license to use the Software, for its own use and interest.

5.2. The Customer agrees not to:

  • Copy and/or distribute the Software, in whole or in part, for internal use,
  • Modify the Software or enable anyone to do so,
  • Create or attempt to create derivative works of the Software, translate, disassemble, recompile or reverse engineer the Software.
  • Alter, destroy or delete the labels or property notices appearing on the Software or in the user documentation of the Software,
  • Distribute the Software, exploit it for commercial purposes, make it available to third parties or rent it,
  • Use the Software in any way other than that explicitly authorized in these TOU.

5.3. The Customer undertakes to ensure that all its Users comply with these TOU.

5.4. The Customer is solely responsible for the content broadcast and/or downloaded via the Software.

5.5. To access the Software, Users must have access to a terminal connected to the Internet. All costs necessary for the equipment and connection of Users to the Internet and their access to and use of the Software are the sole responsibility of the Customer.

5.6. The Software will be used by the Customer under its sole control, direction and under its sole responsibility. Consequently, the Customer is responsible for:

  • implementing all useful procedures and measures intended to protect its User workstations, hardware, software packages, software, passwords, in particular against any viruses and intrusions;
  • updating its hardware and IT devices in order to avoid damaging consequences such as slowing down, blocking or altering data;
  • the choice of access provider or telecommunication support, with the Customer being responsible for making the necessary administrative requests and taking out the necessary subscriptions, the cost of which will be borne by the Customer;
  • the use of the logins and passwords, and/or secure access links, given to it by DEEPLIFE when running the Software. The Customer will make sure no unauthorized person has access to the Software;
  • errors made by its Users in the use of the Software and the procedures that enable them to connect to the Software, in particular concerning the means of access and internet browsing. DEEPLIFE shall not be held liable for the nature or content of the Customer's information or data and the use thereof. Similarly, DEEPLIFE will not be held liable for the quality and electronic transmission of data when it is transmitted over telecommunications networks and, more generally, for the quality and reliability of telecommunications links between Users' workstations and the Software access point.

5.7. The Customer may contact Customer Support (opening hours Monday to Friday, excluding public holidays: 9am - 6pm), to obtain information about accessing or using the Software, by the following means: E-Mail: cbp@deeplife.co

ARTICLE 6 - WARRANTIES

6.1. The Customer acknowledges that it has checked that the Software is suitable for its needs and that it has received all the necessary information and advice prior to using the Software and/or taking a Subscription. In particular, the Customer acknowledges that it has read all the documentation made available to them. DEEPLIFE may not be held liable for the Software not fitting the Customer's needs.

6.2. DEEPLIFE may not be held liable in the event of fraudulent maneuvers used for illicit or unauthorized use of the Software by the Customer, its Users or by third parties.

6.3. DEEPLIFE guarantees the general conformity of the Software to the specifications announced in the user manual. DEEPLIFE does not guarantee that the Software will function without interruption or error. More generally, the Customer is aware of the technical hazards inherent in IT services. Consequently, DEEPLIFE may not be held liable for any unavailability or slowdown due to technical causes.

6.4. The Customer's sole and exclusive remedy in the event that the Software does not operate in accordance with the specifications in the user manual is to require DEEPLIFE to bring the Software into compliance. DEEPLIFE will endeavor, in the event of any proven defect notified to it, to remedy the errors and defects detected as soon as possible. In the event that, despite repeated attempts, the defects cannot be eliminated, the Customer will have the right to terminate its Subscription, even if the first year of Subscription is not terminated.

6.5. The warranty defined above shall not apply in the event of use of the Software by the Customer that does not comply with the instructions given by DEEPLIFE or contained in the user manual, in particular if the Customer has modified the Software or if the defect is due to circumstances under the Customer's control, such as faulty operation of the Customer's computer equipment.

6.6. In all cases where it turns out that the defects reported by the Customer are not covered by the present warranty, DEEPLIFE will be entitled to invoice the Customer for the cost of its interventions in accordance with its then current rates.

6.7. DEEPLIFE will endeavor to provide permanent access to the Software, 24 hours a day and every day except in the event of suspension or scheduled maintenance, or in the event of Force Majeure.

6.8. The Customer acknowledges that, despite the high level of security standards implemented by DEEPLIFE:

  • Data transmitted via the Internet transits via independent electronic communication networks with varying characteristics and capacities and which are sometimes overloaded;
  • The Internet is an open network, which means that information transmitted by this means is not protected against the risks of misappropriation, fraudulent, malicious or unauthorized intrusion into the Customer's information system, piracy, unauthorized extraction or alteration of data, system programs and files, or contamination by computer viruses;

The Customer uses access to the Software at its own risk. It is the Customer's responsibility to take all appropriate measures to protect their computer system and data against contamination by viruses and unauthorized intrusion attempts by third parties.

ARTICLE 7 - PREMIUM SUBSCRIPTION

Premium access can be subscribed by contacting: cbp@deeplife.co

ARTICLE 8 - PERSONAL DATA

8.1. All Personal Data will be collected, stored and used by DEEPLIFE, in accordance with the European Union's General Data Protection Regulation 2016/679 ("GDPR"), and/or any other statutory regulations in force.

8.2. The Customer's Personal Data is processed electronically through Sentry.

8.3. DEEPLIFE collects and uses the Customer's Personal Data to communicate with the Customer, to collect usability metrics, and to ensure the proper performance of the Software.

8.4. DEEPLIFE transfers or shares Personal Data with service providers such as subcontractors, only to the extent that this is necessary and authorized in accordance with the legislation in force.

8.5. Subject to the conditions, restrictions and exceptions established by the legal provisions on data protection, the Customer has the right at any time:

  • to be informed of the Personal Data collected and used, and to request access to or a copy of the Personal Data concerned (right to be informed).
  • to demand the correction of inaccurate Personal Data and, subject to the nature of the collection and use, the completion of incomplete Personal Data (right of rectification).
  • subject to just cause, to demand the deletion of Personal Data (right of deletion);
  • to demand the restriction of the collection and use of Personal Data, provided that the statutory criteria are met (right to restrict processing);
  • subject to statutory criteria being met, to receive Personal Data provided in a structured, current and machine-readable form, and to transfer such Personal Data to another processor or, where technically feasible, to have it transferred by DEEPLIFE (right to data portability);
  • to object to the collection and use of Personal Data, only where such collection and use is based on a task carried out in the public interest or in the exercise of official authority conferred (art. 6 (1) (e) of the GDPR) or a legitimate interest (art. 6 (1)f) of the GDPR), including profiling, on the same grounds for data collection and use as explained in other sections of this statement (right to object). The Customer also has the right to object, at any time, to the collection of Personal Data for direct marketing purposes;
  • to withdraw at any time any authorization given to DEEPLIFE. Such withdrawal will not affect the lawfulness of the collection and use made prior to the withdrawal and on the basis of the authorization granted.
  • not to be subjected to discriminatory treatment when exercising his/her rights.

8.6. If the data is transferred outside the EU, the Customer will be informed and the guarantees taken to secure the data (for example, the external service provider's adherence to the "Privacy Shield", adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified.

8.7. To exercise any of the rights specified in this section, the Customer may contact DEEPLIFE and submit a request using the following contact details: contact@deeplife.co

8.8. Irrespective of any other legal remedy, the Customer also has the right at any time to submit a complaint to the supervisory authorities.

ARTICLE 9 - INTELLECTUAL PROPERTY AND CONFIDENTIALITY

9.1. No provision of the present TOU implies any transfer ownership of the Software, which remains the full and exclusive property of DEEPLIFE.

9.2. The Software is of a confidential nature and constitutes a manufacturing secret of DEEPLIFE. The Customer may only use the Software in accordance with the provisions of these TOU.

ARTICLE 10 - APPLICABLE LAW AND JURISDICTION

These TOU are subject to French law. Any dispute relating thereto shall be brought before the competent courts within the jurisdiction of the Evreux Court of Appeal.