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TERMS OF SERVICE

The XSCALIBUR Solution is provided by:

XSCALIBUR SAS, registered with the RCS under number 879 251 007

SAS with a capital of 10,000 euros

Whose head office is at 251, rue Joseph-Louis Lagrange at FAMARS 59300

Hereinafter referred to as "the Company"

The purpose of these General Conditions is to define the conditions of use of the Solution provided by the Company. They form the contract concluded (hereinafter "the Contract") between the Company and any natural person (hereinafter "the User") using the Solution.

ARTICLE 1 - DEFINITIONS

Terms beginning with a capital letter within the Contract, whether used in the singular or in the plural, will have the meaning given to them below

Data means the data imported, processed or used by Users through the Solution;

Client means the Company's co-contractor, having signed a contract allowing access to the Solution to Users authorized by it;

Identifier designates both the User's own identifier ("login") and the connection password ("password"), communicated after subscribing to access to the Solution;

Maintenance means any operation by which the Company is required to intervene to correct a defect affecting the Solution, on its own initiative or at the request of a Client or User;

Solution means the service offered in SaaS mode by the Company;

User means the person to whom the Customer provides an ID in order to allow him to benefit from access to the Solution under the user license contracted by the Customer.

ARTICLE 2 - SUBJECT OF THE CONTRACT

The purpose of the Contract is to define the terms and conditions applicable to the use of the Solution by Users.

ARTICLE 3 - TERMS AND CONDITIONS OF ACCESS

Users benefit from personal access to the Solution:

  • 24/24 ;
  • 7/7
  • including Sundays and public holidays.

Access to the Solution is made by means of:

  • a connection address (URL),
  • an ID assigned to each User
  • and a password.

The User will use the Identifiers that have been communicated to him during each connection to the Solution.

The Identifiers are intended to reserve access to the Solution object of this Contract to Users authorized by the Customer, to protect the integrity and availability of the Solution, as well as the integrity, availability and confidentiality of the Data transmitted / received / used by Users through the Solution.

ARTICLE 4 - CONFIDENTIALITY OF IDENTIFIERS

Identifiers are personal and confidential. They can only be changed at the request of the Client, the Company or the User, subject to informing the Client beforehand.

Users undertake to make every effort to keep the Identifiers concerning them secret and not to disclose them in any form whatsoever.

In the event of loss, the Company has put in place a procedure to allow the User to retrieve their Identifiers by email from the connection address (URL).

ARTICLE 5 - USE OF THE SOLUTION

The User is responsible for the use he makes of the Solution. Consequently, any processing, transmission, dissemination or representation of information or data via the Solution is carried out under its sole and entire responsibility and in strict compliance with the legal and regulatory provisions in force.

The User is responsible for the quality, lawfulness and relevance of the Data transmitted as part of the use of the Solution.

The User also refrains from transmitting, through the Solution, Data containing computer viruses or more generally programs designed to interrupt, destroy or limit the functionality of the Solution or its environment.

The User is informed and accepts that the Company can access the Data and transmit them on request from an administrative or judicial authority authorized to access it.

The User is prohibited from developing, marketing, subleasing or making available to any unauthorized third party the Solution or product / service likely to compete with it

The User also undertakes to report without delay any anomaly concerning the use of the Solution.

ARTICLE 6 - QUALITY OF THE SOLUTION

The methods of access to the network allowing the use of the Solution are the responsibility of the Customer who must comply with the technical prerequisites communicated by the Company.

Access to the Solution may occasionally be suspended due to Maintenance interventions necessary for the proper functioning of the Solution. In the event of an interruption of the Maintenance Solution, the Company undertakes to warn, as far as possible, the User of the interruption so that he can take his measures sufficiently in advance to avoid any disruption of his activity.

ARTICLE 7 - RIGHTS OF USE GRANTED ON THE SOLUTION

The rights of use of the Solution granted by the Company to the Client, for the benefit of the Users, formally exclude the possibility of:

  • permanently or temporarily reproduce the Solution, in whole or in part, by any means and in any form, including when it is loaded, displayed, executed or stored;
  • translate, adapt, arrange or modify the Solution, export it, merge it with other computer applications;
  • make any copy of all or part of the Solution;
  • to undermine, where applicable, the technical measures to protect the Solution put in place by the Company;
  • to modify, in particular by decompiling, altering, adapting, translating, arranging all or part of the Solution.

ARTICLE 8 - WARRANTY / MAINTENANCE

The Company undertakes, throughout the duration of this Contract, to correct any anomalies affecting the Solution or to set up workarounds, on the condition that each anomaly is precisely identified in writing by the Customer or the User. and be brought to the attention of the Company within seven (7) days of its appearance.

If the intervention does not reveal any anomaly attributable exclusively to the Solution, and therefore the Company cannot be held responsible for the malfunction, then the costs incurred by the Company for the establishment of the diagnosis and the possible resolution of the malfunction will be invoiced to the Client by the Company.

This guarantee is exclusive of any other guarantee, in particular of result.

This guarantee is excluded if the anomaly is not exclusively attributable to the Solution, in particular in the event of:

  • Refusal of the Customer or User to collaborate with the Company in resolving anomalies and in particular to respond to questions and requests for information;
  • Use of the Solution in a manner inconsistent with its intended purpose or with its documentation;
  • Failure of the Customer or Users to fulfill their obligations under the Contract;
  • Implementation of all software packages, software or operating system not compatible with the Solution;
  • Failure of electronic communication networks;
  • Voluntary act of degradation, malice, sabotage;
  • Deterioration due to force majeure or improper use of the Solution by the Customer or its Users;
  • Or in any event where the Customer or User has modified or had the Solution modified, or simply attempted to do so without the prior written consent of the Company.

ARTICLE 9 - RESPONSIBILITY

The User undertakes to immediately report to the Company any infringement of the Solution of which he is aware, the Company then being free to take the measures it deems appropriate.

The User is warned of the technical hazards inherent in the Internet and of the access interruptions that may result. Consequently, the Company will not be held responsible for any unavailability or slowdowns of the Solution resulting therefrom.

For these reasons, the Company is not able to guarantee the continuity of the Solution, executed remotely via the Internet, which the User acknowledges and accepts. The Company also reserves the right to suspend the User's access to the Solution without notice in the event of abnormal, fraudulent or unlawful use thereof by the Customer or the Users, in the event of a request to this effect. addressed by a judicial or administrative authority, and in all cases affecting public order, good morals, the laws and regulations in force, the rights and interests of third parties or of the Company.

ARTICLE 10 - PERSONAL DATA

The Company informs Users that personal data concerning them is subject to automated processing in accordance with the Data Protection Act of January 6, 1978, for the purposes of managing customer relations and making it available to the customer. Solution. This data is kept for the duration of this Contract. The legal basis for this processing is the execution of this Contract.

The Company also keeps Users' connection data, in order to comply with its legal obligations as a data host. These data are kept for 12 months from their registration and can be transmitted, if necessary, to administrative and judicial authorities. The legal basis for this processing is a legal obligation.

Users have the right to access their personal data to rectify, correct, or even delete their data which is inappropriate, incomplete, equivocal or obsolete.

This right can be exercised by contacting the Company at the address given at the top hereof or by e-mail at the following address: supportclient@xscalibur.fr. A response will be given within a maximum of 30 days from receipt of the request.

In the event that the User considers that, after having contacted the Company, his rights are not respected or that the treatments implemented do not comply with the laws and regulations in force, he is free to submit a complaint. from the CNIL, online or by post.

The Company undertakes not to transfer data relating to Users to third parties without their consent.

The User has the option, if he considers that his rights have not been respected, to lodge a complaint with the National Commission for Informatics and Freedoms (CNIL).

ARTICLE 12 - NULLITY

If one or more provisions hereof are held to be invalid by law or regulation, or declared as such by a final decision of a competent court, they will be deemed unwritten, the other provisions hereof will retain all their force and scope.

ARTICLE 13 - FORCE MAJEURE

In the event of the occurrence of a case of force majeure as usually recognized by the jurisprudence of French courts and tribunals, in particular: natural disasters, labor disputes, pandemics, death of the licensee, etc., the conditions of termination hereof will not be applicable and each Party will be free to terminate this Agreement, without compensation on either side.

Any claim of a case of force majeure may not exceed six months, provided that it has been notified to the co-signer of this Contract, within eight days from the day on which the other Party becomes aware of its triggering event.

ARTICLE 14 - MISCELLANEOUS PROVISIONS

14.1. Entirety

This Contract expresses all the obligations of the Parties.

No indication, no document, can give rise to obligations hereunder, if they are not the subject of an amendment signed by both Parties.

No correspondence prior to the signing of this Contract may give rise to obligations under the said Contract.

14.2. Waiver and tolerance

It is formally agreed between the Parties that any tolerance or waiver of one of the Parties in the application of all or part of the commitments provided for in this Contract, whatever the frequency and duration, may not constitute a modification. of this Contract, nor generate any right.

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