Effective as of 15 May 2020
These general terms and conditions of use (“GTCU”) are applicable to all use of and access to the Software.
The Preamble is an integral part of these GTCU.
The use of the Software free of charge (Trial Account) or paying (paid subscription to the Software) is subject to compliance with these GTCU. The User hereby confirms to have read, understood, and accepted these GTCU.
The use of the Software also implies acceptance of the General Terms and Conditions of Sale (GTCS), at the time of Subscription, by the Account Creator, an Administrator, or a Decision-maker. These General Terms and Conditions of Sale shall prevail over these GTCU.
Aitenders reserves the right, at any time, to adapt, or modify the present GTCU, by notifying any new version to the User who undertakes to take note of these modifications.
Article 1 — Access to the Software
Aitenders only allows access to the Software to the persons specifically authorized by Aitenders and the Users.
Aitenders undertakes to use all means to provide the User with reliable and efficient access to the Software. Access to the Support Team is available under the terms of the subscription (paid Account).
The User acknowledges that the Software constitutes a particularly complex platform, particularly in terms of computer technology. The User therefore undertakes to bear the risks of inadequacy or unavailability of the Software.
To use and improve the Software, Aitenders may recommend technical requirements or certain configurations. The User is responsible for following these technical requirements or recommendations, and for ensuring that their equipment is compatible with the Software.
The User is solely responsible for their connection to the Internet and all related costs. The User declares that he/she understands that Aitenders cannot be held responsible in the event of an interruption of the Internet connection, for viruses affecting their data and/or software, the possible misuse of Account passwords and, more generally, any damage caused by third parties.
- Trial Account
Aitenders offers to create a free account for a Third Party wishing to evaluate the Software.
The Trial Account is made available for a period of one month, thirty days (30) from the date of access, or on case to case basis for a number of tenders and contracts, and in the following conditions:
- It is possible to create only one (1) Trial Account per company ( per Siret , Business Unit), as a non-renewable offer;
- Aitenders may, at the Third Party’s request, and without being obliged to, grant them the benefit of an additional days period;
- The User authorized to use a Trial Account acknowledges that they will access the Software for the sole purpose of testing the features before a paid Subscription, if any. In this respect, the User is prohibited from using their Trial Account for any other purpose, such as performing any processing or services for any third party.
- Aitenders shall not be held liable for the use of the Software on a Trial basis, without warranty of any kind, in the event of malfunctions or temporary interruption, during the entire Trial period.
- Aitenders reserves the right to delete without notice any Trial Account that does not comply with the foregoing provisions, or any provision of the GTCU.
In the event that the Trial period is not followed by the subscription of a paid Account, Aitenders will delete the Trial Account and data associated, within twelve (12) months of its termination.
Article 2 — Use of the Software
The User is solely responsible for the use and implementation of means to ensure the security, protection and backup of their equipment, their Content and software.
The User undertakes not to commit any act which could jeopardize the security of the Software platform and agrees to use the Software in accordance with applicable laws and regulations.
Article 3 — Liability
Aitenders implements the technical measures and means necessary to ensure the security of the connections, the Users’ Content and their Personal Data.
Aitenders provides the Software on the basis of an obligation of means. Aitenders uses state of the art techniques, but nevertheless, the current state of knowledge, tests and experiments cannot cover all possible uses.
Aitenders does not warrant that the Software shall operate without interruption or malfunction, or is free of any defects or errors that may be corrected, or that it is compatible with hardware or a configuration other than those expressly approved by Aitenders.
The User is responsible for:
- their access to and use of the Software by all their Users;
- obtaining and maintaining all necessary equipment to access the Software;
- ensuring that such equipment is compatible with the Software.
Aitenders reserves the right to temporarily interrupt at any time, any access to the Software:
- to carry out technical maintenance, updates, or improvements to the Services which shall contribute to their proper functioning or to repair a breakdown. Aitenders shall do its utmost to notify the User of such interruptions;
- in the event of unavailability of the servers for any reason whatsoever;
- in the event of unpaid invoices, breaches of the presents GTCU or GTCS, violations by a third party of the security of the Software and the Content hosted by Aitenders.
No temporary interruption of the Services shall give rise, in these circumstances, to any payment of compensation.
Article 4 — Intellectual Property
The Software is the exclusive property of Aitenders. The User is authorized to use the Software in accordance with the License. All rights not expressly granted by the GTCU are reserved.
The Software developed by Aitenders is an original work protected by intellectual property rights and international conventions.
The User warrants that he/she shall not modify, rent, borrow, sell or distribute such works or create derivative works based in whole or in part on them. He/she agrees not to carry out any reverse engineering, except under the legal conditions.
No use of the Aitenders name or trademark may be made without the prior written consent of Aitenders.
The User acknowledges that Aitenders is the sole owner of its intellectual property rights, and in particular the Software, and shall not at any time contest this ownership or the validity of the intellectual property of Aitenders or the rights attached thereto.
The materials available, such as software, databases, tools, platform, web pages, text, photographs, images, icons, sounds, videos and, more generally, all the information available for the User, are the sole and exclusive property of Aitenders.
Article 5 — Termination
In the case of failure by the User to comply with these GTCU, Aitenders reserves the right to terminate their access or delete their account.
Aitenders reserves the right to initiate any legal action it shall deem necessary in order to put an end to the violation of their rights.
Article 6 — Protection of Personal Data
In accordance with the Data Protection Regulation, the User may exercise their rights of access, rectification, erasure, data portability, restriction or object to processing, in certains circumstances. The User establishing their identity may exercise these rights directly at contact@Aitenders.com.
Article 7 — Applicable Law
The GTCU are governed by French law.
The effective date of the GTCU is Mai 15th, 2020. In the event that a translated version of the GTCU conflicts with the French version, the French version shall prevail.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY LITIGATION WITH RESPECT TO ITS VALIDITY, INTERPRETATION OR PERFORMANCE SHALL BE SUBJECT TO THE EXCLUSIVE AUTHORITY OF THE COURTS HAVING JURISDICTION OVER AITENDERS’S REGISTERED OFFICE, DESPITE MULTIPLE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES.