ACCEPTANCE OF THE TERMS OF USE – BOOSTER INCLUSION
Welcome to the Inclusion Booster services (hereinafter “the Services” or “the Service”) provided by Neurovalue SAS, located at 12, rue Molière, 92 500 Rueil-Malmaison, registered with the RCS of Nanterre under number 829 446 640 (here -after “Neurovalue”).
Any use or visualization of the Services provided by Neurovalue assumes that the user of the Neurovalue Services (hereinafter “User” or “You”) agrees to comply with these Terms of Use (hereinafter “Terms of Use”) ). Neurovalue’s Services are accessible to employees and collaborators of Neurovalue’s clients only on condition that they have previously entered into a contract with Neurovalue (the “Client”). It is in your capacity as an employee or collaborator of a Customer that you can access the Services. If you lose quality you will no longer be able to access the services.
Please read the Terms of Use carefully, print them and keep a copy. The services offered on Neurovalue are free for You. If you do not accept these Terms of Use, you must immediately disconnect from Neurovalue and report it without delay to your hierarchy.
Neurovalue’s service offer is scalable and Neurovalue will be required to modify new services but also, if necessary, to delete some of them or modify the characteristics of existing services, according to the conditions set out below. Neurovalue may also modify these Terms of Use at any time, without prior notification.
ACCOUNT
Neurovalue will create an account giving You access to the Services. You warrant that all information provided is accurate and current. You agree to update this information by communicating it to Neurovalue. The information provided as part of the opening of access is presumed to establish Your identity. Any use of the Services with Your username and password will be irrefutably deemed to have been made by You. You must keep Your username and password secret. You must contact Neurovalue immediately as soon as You know that Your account has been used without Your consent. Neurovalue may take any appropriate action, including suspending the account.
GENERAL RULES OF USE
When you use Neurovalue’s Services, you agree, by adopting normal and reasonable behavior, not to interfere in any way with their proper functioning.
More specifically, you agree to :
– not to disrupt, slow down, block or alter the normal flow of data exchanged within the framework of the Service;
– accelerate the rate of scrolling of the content in such a way that the functioning of the Service is modified or altered or commit any other action having an equivalent disruptive effect on the functionalities of the Service;
– fraudulently accessing, maintaining, hindering or disrupting Neurovalue’s information systems and in particular the Services, servers, networks allowing access to the Services; Where
– refuse to comply with the required conditions, procedures, general rules or regulatory provisions applicable to the networks allowing access to the Services.
Neurovalue reserves the right, where applicable, to take all necessary measures to put an end to these actions and obtain compensation for its prejudice, including cutting off Your access without notice or prior notification and this, without prejudice to its other rights.
ILLEGAL OR DISPUTED CONTENT
If you notice the presence on the Services of illegal or problematic content, please report it to us at the following address: support@neurovalue.com. Your notification must imperatively allow Neurovalue to identify the incriminated content. If the third-party content thus identified is contrary to French law, Neurovalue will take all appropriate measures, if necessary.
INTELLECTUAL PROPERTY RIGHTS
The Services as well as all the IT tools used by Neurovalue in connection with the Services contain confidential information which is protected in particular by copyright. Neurovalue grants You a personal, non-transferable and non-exclusive right to use the Services
You also acknowledge that all content presented by Neurovalue are original works, properties of Neurovalue, protected by copyright and any other intellectual property right recognized by the legislation in force. The contents have been filed with intellectual property offices for this purpose.
These General Conditions do not imply any transfer of intellectual property rights over all or part of the elements of the Services.
You therefore prohibit yourself (and you prohibit yourself from encouraging a third party)
– to copy, transfer, sublicense, delegate or assign all or part of the rights referred to herein to a third party;
– copy, modify, integrate the technical elements of the Services into a derivative work, perform reverse engineering or use any other method to attempt to access the source code and/or protocols specific to the Services;
– any act, statement or omission resulting in or resulting in the violation of applicable law and/or regulations and/or these general conditions;
– sell or grant all or part of the access to the Services or to the information hosted and/or shared by Neurovalue; and or
– access the Service by any means other than the interface provided to you by Neurovalue for this purpose;
– design, produce and/or commission a system, application, software or assembly that competes with the Services; and or
– reproduce, imitate and use in any way whatsoever, all or part of these contents protected by an intellectual property right without having previously obtained the express authorization of Neurovalue.
GUARANTEES
Neurovalue provides the Services with care and in accordance with market practices within the framework of an obligation of means. Neurovalue does not guarantee any results. Neurovalue does not guarantee (i) that the Services are free of errors, faults or bugs, (ii) that the Services meet Your needs or expectations. If the Customer cannot take responsibility for Your fault, fact or damage or emerges from it, You will be responsible, over time, for all sums, costs, attorney’s fees and expenses that could be incurred or to which Neurovalue could be condemned under any action, proceeding or request of a third party, in connection with (i) Your violation of the present, (ii) Your use of the Services and/or (iii) Your unauthorized use services.
The liability incurred by Neurovalue under these conditions is expressly limited to direct and effective damages suffered by the Client or You (indirect damages such as commercial or financial loss, loss of customers, loss of brand image, loss of profit, loss of order, any commercial trouble, as well as any action emanating from third parties and which it will not be demonstrated that they are attributable to Neurovalue being therefore excluded) and cannot, all faults and damages combined, exceed the total amount paid by the customer. This ceiling was freely negotiated between the Parties and reflects the balance between their respective obligations as well as the fair limitation of liability, taking into account the general context.
VARIOUS
Neurovalue’s failure to exercise the rights granted to it under these terms does not in any way constitute a waiver to assert these rights.
In the event that any of the provisions of these Terms of Use are canceled by a court decision, this decision will not be such as to call into question the validity of the other provisions which will continue to apply.
The titles of each paragraph are only indicative.
© Neurovalue – December 2021