General terms and conditions of use
Article 1: Purpose
The present General Terms and Conditions of Use (hereinafter, "GTCU") legally regulate the use of the Outmind platform https://www.outmind.fr (hereinafter, "Site") and are concluded for any relationship between an Outmind user (hereinafter, "User") and Outmind. They constitute the contract between Outmind and the User, and access to Outmind services must be preceded by acceptance of these TOU. Access to and use of this platform signifies acceptance of these TOU. These TOS recall some of the obligations that have been entered into when accepting Outmind's SaaS Terms and Conditions. These T&Cs can be modified by Outmind at any time and at its own initiative.
Any modification entails informing the User and must be subject to a new acceptance by the User, by way of an amendment to the contract. If the User accepts the modifications, the relationship between Outmind and the User continues. However, if the User refuses the changes to the TOS, he will no longer be able to access Outmind's services.
Article 2: Definitions
For the purposes of the interpretation and execution hereof, each term beginning with a capital letter used in this contract and its appendices has the meaning indicated in its definition, whether used in the singular or plural, feminine or masculine, the identical terms used without capital letters being considered in their current meaning:
Subscription: refers to the Outmind commercial offer to which a User subscribes. This Subscription may have been taken out as a Customer or by an Administrator. Administrator : designates a Customer who benefits from an offer from Outmind allowing him to authorize third parties to use Outmind Services.
Anomaly : any reproducible behavior of the Solution that does not comply with the documentation of the Solution, or that results from a defect that either renders the Solution unusable, or that causes an incorrect result when the Solution is used in accordance with the documentation and its purpose.
CGU: designates the present General Conditions of Use applicable to all relations between Outmind and a User.
Customer: designates a person having himself/herself subscribed to the Outmind services.
Data : any file, folder or information, whether or not coming from a Third Party Solution, that the User will select in order for Outmind to index and reference it in its User Space.
User Space: refers to a User's personal space or the space granted to a User by his Administrator on which are indexed and referenced the Data chosen by him and/or that his Administrator has chosen.
Identifiers: refers to all confidential information allowing a User to identify himself on the Outmind platform in order to access his User Space and use the Solution. It is the specific identifier of each user (login) and the related connection password.
Outmind Software : the software developed by Outmind, executable on computer terminals running under Windows, Linux or Mac operating systems, and necessary for the indexing and referencing of a User's Data to his User Space.
Services: refers to the application services, related to the search of documents indexed by the User, proposed in SaaS mode by Outmind by means of the Solution.
Website: refers to Outmind's website, https://www.outmind.fr
Solution: refers to Outmind's software solution for indexing and information searches by keywords, developed by Outmind.
Third Party Solutions: refers to the databases or software solutions published by third parties to the Contract and which can work with the Solution developed by Outmind.
User: refers to a user authorized to access Outmind's Services, whether a Customer or an Administrator.
Article 3: Conditions of performance
Outmind undertakes to use its best efforts to fulfil all of its obligations under these TCU with all the care and diligence incumbent upon it. Throughout the performance of the contract, the parties undertake to collaborate in good faith and to exchange any document or information that may prove useful for the proper performance of the contract. The parties also undertake to inform the other party without delay of any difficulties encountered in the performance of the contract.
Article 4: Duration of the contract
The present GCU come into force on the day of their acceptance by the User and remain in force for the duration of the subscription taken out by the User. The reasons for the termination of the contract are the term of the duration stipulated in the subscription taken out by the User, or the term decided unilaterally by the Administrator who invited him.
Article 5: Access to the site
The purpose of the Site is to provide information concerning all of the company's activities.
The platform is accessible free of charge from anywhere by any user with Internet access. All costs necessary for access to the services (computer equipment, Internet connection, etc.) are to be paid by the user. However, access to the services dedicated to members is done with a login and a password.
Outmind strives to provide on the Site information that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the update, whether they are due to its own fault or to the third party partners who provide it with this information.
All the information indicated on the Site is given as an indication and is subject to change. Furthermore, the information on the Site is not exhaustive. They are given subject to modifications that have been made since they were put online.
The Site is in principle accessible 24 hours a day and 7 days a week, however, Outmind declines all responsibility, without this list being exhaustive:
event of temporary inability to access the Site (and/or the websites and applications linked to it) due to technical problems, regardless of their origin and provenance
- In the event of interruption of the Site for technical maintenance operations or updating of published information - In the event of a technical problem, the Site may be interrupted for technical maintenance operations or updating of published information - In the event of a technical problem, the Site may be interrupted for technical maintenance operations or updating of published information - In the event of a technical problem, the Site may be interrupted for technical maintenance operations or updating of published information - In the event of a technical problem, the Site may be interrupted for technical maintenance operations or updating of published information - In the event of a technical problem, the Site may be interrupted for technical maintenance operations or updating of published information - In the event of a technical problem, the Site may be interrupted for technical maintenance operations or updating of published
information - In the event of a technical problem, the Site may be interrupted for technical maintenance operations or updating of published information - In the event of a technical problem. In the event of abnormal use or illicit exploitation of the Site
- In the event of unavailability or overload or any other cause preventing the normal functioning of the mobile telephone network used to access the Site
- In the event of contamination by possible computer viruses circulating on the network
- More generally, In the event of direct or indirect damage caused to the User, of any nature whatsoever, resulting from access to or use of the Site (and/or the sites or applications linked to it)
- In the event of loss by the User of his/her login and/or password or in the event of usurpation of his/her identity. The user will not be able to claim any compensation following the interruption or suspension of access.
Article 6: Intellectual Property
The Site and each of its elements, including but not limited to trademarks, logos, icons, computer graphics, photographs, which compose it are protected under the international legislation of intellectual property and copyright. However, the data published and the brands cited on Outmind.fr are the exclusive property of their respective owners.
Any total or partial reproduction of these texts, brands and/or logos, made from the elements of the Site without the express authorization of their owners is therefore prohibited, within the meaning of articles L.343-4 and following and L. 713-2 and following of the Intellectual Property Code.
The contents appearing on the Site are the property of Outmind or other companies. Any use, reproduction or representation, by any process whatsoever and on any medium whatsoever, of all or part of the Site and/or the elements that make it up is not authorized without the express consent of Outmind. In this case, any use for commercial or advertising purposes is prohibited. Other trademarks and logos appearing on the Site are the exclusive property of third parties. Outmind does not hold any right on them. They are subject to the protection of intellectual property rights. It is impossible to use or reproduce the brands of these partners without their express authorization.
Article 7: Data collection
For the creation of the User's account, the collection of information at the time of registration on the Site is necessary and mandatory. In accordance with the law n°78-17 of January 6, 1978, relating to data processing, data files and liberties, the collection and processing of personal information is carried out with respect for private life.
In application of articles 39 and 40 of this law, the User has the right to access, rectify, delete and oppose the processing of his/her personal data. The exercise of this right is carried out through the contact form or through the customer area on the Site.
Article 8: Identifiers
The Identifier is confidential information communicated to the User and includes both a username and a password. Identifiers are unique, personal, and strictly confidential to each User. Each username coincides with a password.
In case of loss or fraudulent use of his identifiers, the User will have to inform Outmind as soon as possible in order to proceed to the paralysis of his User Space. Outmind declines all responsibility in case of illicit or fraudulent use of a User's Identifier, or suspicion of illicit or non-illicit disclosure. Thus, the provision of an Identifier is confidential for each User, and he must therefore undertake to guarantee that this Identifier will not be used by third parties or unauthorised persons.
Article 9: Personal Data Protection
In general, it is possible to consult the Site without having to declare your identity and provide personal information. However, there are times when we may need to request information such as when processing an order, making a correspondence, providing a subscription or submitting an application for a position. We may supplement this information in order to complete a transaction or provide a better service.
Article 10: Right to use the Services
The User's use of the Outmind Services must comply with the recommendations and documentation published by Outmind. Outmind is and remains the owner of the intellectual property rights on the Solution, these TCU do not transfer any intellectual property rights to the User.
Right of access and use of the Solution
By the present GCU, the User has a right of remote access to the Solution and to the related Services, which is personal, non-exclusive, non-transferable and limited to internal needs directly related to his activity as well as to the duration of the Subscription and for the entire world. In particular, it is strictly forbidden for the User to proceed to any form of reproduction or representation of the Solution or its documentation, or to alter or mask in any way whatsoever the trademarks, distinctive signs, copyright mentions affixed to the Solution; to intervene directly or via a third party on the Solution in any way and for any reason whatsoever, including to correct errors, the evolutionary and corrective maintenance being ensured by Outmind; to modify or seek to circumvent any protection device of the Solution.
The license of use granted to the User
Outmind grants the User a license to use the Outmind Software, this license being personal, non-exclusive, non-transferable and limited to the internal needs directly related to his activity as well as to the duration of the Subscription and for the whole world.
In particular, the User is formally prohibited from intervening directly or via a third party on the Outmind Software in any way and for any reason whatsoever, including to correct errors, the evolutionary and corrective maintenance is carried out by Outmind, and from modifying or seeking to circumvent any protective device of the Outmind Software.
Article 11: Cookies
During visits to the Site, the automatic installation of a cookie on the User's browser software may occur. Cookies correspond to small files temporarily deposited on the hard disk of the User's computer. These cookies are necessary to ensure accessibility and navigation on the Site.
These files do not contain any personal information and cannot be used to identify a person. The information contained in the cookies is used to improve the browsing performance on the Site. Access to the Site by the user can only take place on condition that the user has expressed his or her consent, after having received prior information on the purpose of the cookies and the means available to him or her to oppose them by means of a consent collection banner. His agreement may result from appropriate parameters of the User's connection device or any other device under his control.
Their deactivation may be carried out via the parameters of the browser software.
Article 12: Anomalies and unavailability of service
In case of anomalies or unavailability of Outmind Services, the Client User may contact Outmind via the e-mail address firstname.lastname@example.org. The User is informed that Outmind only retains extracts of the Data transmitted to it and never retains or stores the Data in its original format. Consequently, it is the responsibility of the User to make any backup of the Data that he would like to keep by his own means.
Article 13: Suspension of rights of access and use of services
In case of suspicious or abnormal use of the Outmind Services by the User, Outmind will be entitled to suspend all or part of the Outmind Services immediately. Outmind will inform without delay and by any means, the User (or its Administrator) of this suspension and will justify it.
By suspicious or abnormal use, the Parties understand in particular: any multiple and failed connection attempt, any abnormal activity with regard to the current or usual activities of the User, any hacking attempt, any multiple requests sent to the Outmind Services (objectively compared with regard to the activity of other Outmind users having subscribed to the same or similar Subscription), any exceeding of the quota stipulated in the User's Subscription.
Article 14: Liability
The information published on the Site is presented for information purposes only and has no contractual value. In spite of regular updates, the Site cannot be held liable in the event of changes in administrative and legal provisions appearing after publication. The same applies to the use and interpretation of the information communicated on the platform. In this respect, Outmind declines any responsibility concerning possible viruses or computer infections that may affect the User's computer equipment after using or accessing this site.
It is only possible to use the Outmind Services in accordance with the legislation in force, including the laws and regulations relating to export control.
Outmind offers Services, some of whose contents have been elaborated by third parties and therefore protected under their intellectual property rights. Therefore, it is strictly prohibited to copy, transfer, download, or share content unless you have the rights required to do so.
In order to use our services you must have the appropriate digital majority. In accordance with the DPMR, this has been set at 15 years in the European Union. However, the text has left the possibility for states to lower it to 13 years. If your place of residence or place of business is located in a third country, you are free to check the local law in force in your country.
Outmind may be required to verify the conformity of a User's behaviour and contents with the present GTCU. However, Outmind is not responsible for content published and shared via the Services.
Article 15: Force Majeure
Outmind cannot be held responsible in case of force majeure. If an event of force majeure as defined in the Civil Code, resulting in a temporary impediment of performance for one of the parties occurs, the respective obligations of the parties will be suspended and neither party will incur any liability as a result. The same shall apply in the event of an unforeseeable and insurmountable fact by a third party. If the case of force majeure continues for more than thirty (30) consecutive days and/or if, as soon as it occurs, it results in a definitive impediment to performance for one of the parties, each party shall be entitled to terminate the contract by the operation of law, by sending the other party written notification by registered letter with postal acknowledgement of receipt. The termination will then take effect upon receipt of the registered letter with return receipt, without either party incurring any liability as a result.
Article 16: Applicable law and jurisdiction
The present GCU and any dispute that may arise in relation to them are subject to French law.
In case of dispute, litigation or action between Outmind and a User, relating to or originating from the conclusion, interpretation, execution or termination of the present TCU, it is possible to provide an amicable way of resolving the dispute.
In the absence of an amicable resolution within thirty (30) days from the notification of the dispute by one of the parties to the other party, this dispute relating in particular to the validity, interpretation and execution or termination of these GCU shall be submitted to the exclusive jurisdiction of the courts of Paris having jurisdiction according to the nature of the dispute, including summary proceedings and other emergency measures.