Terms of Use

IMPORTANT:

IT IS EXPRESSLY AGREED THAT ACCESS TO THE WEBSITE HTTPS://WWW.UNCOVERY.IO AND ANY ACCESS TO ANY OF ITS CONTENTS AND PLATFORMS FOR ANY PURPOSE AND CARRIED OUT IN ANY CAPACITY WHATSOEVER IMPLIES THE USER’S UNRESTRICTED ACCEPTANCE AND COMPLIANCE WITH THE PRESENT TERMS OF USE. THE USER THEREFORE DECLARES HAVING READ AND UNDERSTOOD THESE TERMS OF USE.

IN THE EVENT OF RESERVATIONS OR DISPUTES REGARDING ALL OR PART OF THE PROVISIONS OF THESE TERMS OF USE, THE USER ACKNOWLEDGES THAT THE USER WILL NO LONGER HAVE THE RIGHT TO ACCESS THE SITE, THE USER ACCOUNT AND MORE GENERALLY,THE CONTENTS OF THE SITE.

Definitions

For the purpose of these terms of use, words, terms and expressions hereafter, when used in singular or plural with initial capital letters, if not defined elsewhere in these terms of use, shall have the meanings set forth below, or at their first use:

“Company”: shall mean Uncovery, a limited liability corporation (“société par actions simplifiée”) duly organized and existing under the laws of France, registered with the Trade and Corporations Register of Nanterre under identification number 897 645 651, having its registered office located at 45bis rue de l’Aigle, 92250 La Garenne-Colombes, France.

“Content”: shall include, but is not limited to, the structure of the Site, editorial content, pictures, illustrations, images, photos, graphic charts, trademarks, logos, acronyms, corporate names, audio-visual works, multimedia, visual content, audio content, as well as any other content included in the Site and/or all other elements the Site is composed of, including content shared by the participants during a session.

“Cookie(s)”: means a text file that may be saved, subject to the User's choices, in a dedicated space on the User's Terminal hard disk when consulting an online service using his or her browser software. A Cookie file allows its sender to identify the Terminal in which it is registered, during the period of validity or registration of the Cookie.

“Login Identification”: shall mean a confidential identifier (in the form of an email address or other) and password allowing access to the User Account and certain content on the Site.

“Navigation Information(s)” or “Navigation”: shall mean the information relating to the connection of a Terminal to an electronic communication service at a given time. The Company (and/or authorized service providers and agents) may process Navigation Information, even if it does not necessarily know which Terminal the User is using, nor who the User is at a given time.

This Navigation Information concerns, in particular:

• The IP (Internet Protocol) address of the Terminal connected to the Internet;
• The date and time of connection of a Terminal to an electronic communication service;
• The URL (/Internet address) of the Internet page from which the Terminal accessing an electronic communication service comes (“referer”);
• The type of operating system used by the Terminal (Windows, MacOS, Linux, Unix, BeOS, etc.);
• The type and version of the Browsing software used by a Terminal (Internet Explorer, Safari, Firefox, Chrome, Opera, etc.);
• The language of the Navigation software used by the Terminal;
• The identifier and content of a Cookie file stored by the Company (and/or authorized service providers and agents) on the Terminal.

“Personal data”: shall mean, within the framework of the policy on the use of Cookies, the data that refer only to the User at a given time, regardless of the Terminal that he/she uses.

“Site”: shall mean the website https://www.uncovery.io/ where the Company presents and provides information regarding its products and services.

“Terminal(s)”: shall mean the hardware equipment (computer, tablet, smartphone, telephone, etc.) that the User uses to consult or view a site, Site, advertising content, etc.

“Terms of use”: shall mean all of the stipulations provided for herein, the purpose of which is to define the terms and conditions and rules of access and use of the Site, as well as the information contained therein.

“User”: shall mean a physical person of full age, or duly organized and existing legal entity which has access to the Site for private and/or professional use.

“User Account”: shall mean a space reserved for the registered User, accessible after registration on the Site via a Login Identification and allowing him/her to access certain content on the Site.

Purpose of these Terms of use

These Terms of use govern the terms and conditions of use of the Site by any User.

Content of the Site

The purpose of the Site is solely to inform the Users of the existence of the Company’s products and services, which include a cyber mapping solution by giving information regarding all of the company's activities.

These Terms of use do not constitute a binding agreement, commitment, or acknowledgement of contractual relations regarding the services between the Company and the User. Actual services may be purchased by the User, from the Company pursuant to a separate agreement.

Access to the Site

To access and use the Site, the User must have an Internet access.

The version of the Site software may be subject to occasional updates to add new services, contents, and information.

If the User is connected to the Site, it means that the User unreservedly agreed to these Terms of Use.

The Site is only accessible by User identification, requiring the prior creation of a User Account with a Login Identification, accessible after the signature of the License.

The Company confirms the creation of the User Account by e-mail sent to the e-mail address that the User will have provided and an individual Login Identification to the Site.

The Company undertakes to do its utmost to secure the access, consultation and use of the Site.

It is reminded that the Login Identification is strictly confidential and personal. In this respect, the User undertakes to take all necessary steps to ensure their confidentiality and not to disclose the Login Identification to third parties.

In the event that the User notices any abnormal or fraudulent use of his/her Login Identification, he/she shall notify the Company as soon as possible.

The Company reserves the right to modify, correct or delete content or to temporarily interrupt the Site, in particular for maintenance purposes, at any time, without prior notice and without compensation.

The Company will make commercially reasonable efforts to make the Site accessible 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond the Company’s control, and with the exception of downtime or maintenance operations necessary for the proper functioning of the Site. Maintenance operations may be carried out without prior warning.

Users’ obligations

When using the Site, the User undertakes to comply with the laws and regulations in force, to respect the rights of third parties and comply with the provisions of these Terms of use.

Each User has the obligation:

• To provide accurate, truthful, up-to-date and complete information when creating a User Account;
• To update the information provided when creating a User Account without delay if this information changes;
• Not to use the Site to commit crimes, misdemeanors or contraventions punishable by law;
• Not to use the information on the Site directly or indirectly for commercial purposes;
• Not to reproduce in a permanent or temporary way all or part of the Site, by any means and in any form;
• Not to use the information on the Site for use by a competing site, company or services, or by another site as a comparator site;
• Not to denigrate the Site, the Company, and/or its products and services;
• Not to attempt to divert Internet users to another site or a competitor;
• Not to carry out any adaptation, modification, translation, transcription, arrangement, compilation, decompiling, assembly, disassembly, transcoding, nor to apply reverse engineering to all or part of the Site and/or Content;
• Not to export the Site, nor integrate all or part of the Site with other computer programs;
• Not to make any short quotes, analysis or reproductions for press reviews or any other use explicitly allowed by the law within the limits and conditions established by the law and subject, inter alia, to mentioning the names of the authors and publishers;
• Not to use any software or devices that may disrupt the orderly functioning of the Site;
• Not to undertake any actions that may impose a disproportionate burden on the Company’s infrastructures;
• Not to hack, or use any device or system that may hack into the Site and/or Content, or that may violate these Terms of use;
• To inform the Company as soon as the User learns about an act of hacking and, in particular, about any illegal or unauthorized use of the Site and/or Content, regardless of how they were disclosed;
• Not to sell, lease, sub-license or distribute, or otherwise make available the Site and/or Content to third parties in any way;
• To Use the Site and Content in accordance with the purpose described in these Terms of Use.

The Company reserves the right, at any time and at its sole discretion, to suspend or remove access to the Site to one or more Users and to take all measures against them, if the Company considers that such User(s) do not comply with the Terms of Use.

Hyperlinks

The sites having a hypertext link to the Site are not under the control of the Company, consequently, the latter declines any responsibility (notably editorial) concerning these sites. In order to understand the practices of these third-party sites, the User is invited to consult their general conditions and their privacy policies.

The Site may contain links to other sites. As these websites are published and managed by third parties, and insofar as the Company has no control over the content published on these websites, the User is prohibited from taking any legal action against the Company in relation to the content of these websites or their use. Furthermore, the existence of a link between the Site and a third-party site does not mean that the Company approves the content of this website and, in particular, the use that may be made of it. These links are made available to Users to facilitate their navigation.

Intellectual property

Access to the Site confers on Users a personal and non-exclusive right to use and access the Site.

All the elements contained on the Site and/or the Site itself are protected by copyright, trademark, design and model law and/or any other intellectual property right.

For the purpose of this section “elements” shall mean, notably: photographs, images, drawings, illustrations, texts, videos, logos, screensavers, wallpapers, trademarks, models, software, etc.

These elements belong to the Company or are used with the agreement of their owners.

Except for consulting or accessing the Site and/or Content, no other right (license, title, other) is granted to User in connection with the Company’s intellectual property rights.

Any reproduction, transmission, broadcast, use, adaptation, modification, incorporation, translation, marketing, in whole or in part by any process and on any medium whatsoever (paper, digital, etc.) is prohibited, without the prior written authorization of the Company.

Privacy policy

The Company would like to remind the User of its commitment to apply the obligations of the amended Statute 78-17 of 6 January 1978 relating to information technology, files and freedoms and the provisions of EU Regulation 2016/679 of 25 May 2018 on data protection (hereinafter, the “GDPR”) regarding the personal information that the User may be led to communicate to it in the context of its Navigation on the Site.

The Privacy Policy, presented at the following address, details the terms and conditions applicable to the collection and processing of Users’ personal data on the Site: https://www.uncovery.io/

Cookies

When consulting the Site, the technical data that may be recorded, in connection with access to or use of the Site, are the User's Internet Protocol (IP) address and information relating to the configuration (type of machine, browser, etc.) and navigation (date, time, pages consulted, occurrence of errors, etc.) of the User.

This latter information may be stored, via the User’s browser software, in short text files (cookies), subject to the Users' choices, in a dedicated space on the Company's disk and/or its partners process this technical data in a completely anonymous manner, not attaching it to any information enabling the User to be identified, and do not transmit it to third parties.

Each cookie is assigned an anonymous identifier. The cookie file enables its issuer to identify the terminal in which it is stored during the period of validity or registration of the cookie concerned.

Purpose of cookies issued on the Site

Cookies, depending on their category, are used for the following purposes:

The essentially technical cookies

A first category of cookies is those that are strictly necessary for the use of the Site. They are indispensable for browsing the Site while taking advantage of all its functionalities (support of the Internet user's operating system, display, etc.). They allow certain functionalities and the presentation of the Site to be adapted to the browser and the material of the Users. They are essentially technical cookies that do not identify the User as an individual.

Cookies for audience measurement

Another category of cookies is those that measure performance. These cookies make it possible to establish statistics and volumes of frequentation and use of the various services of the Site. Their purpose is to enable the Company to improve the comfort of Users. These cookies do not identify the User as an individual.

These first two categories of cookies are only used for the purposes of establishing usage statistics, preventing errors, preventing infringement and counterfeiting of the Site or improving the conditions of access to or use of the Site.

Functionality Cookies

A third category of cookies concerns functionality. They make it possible to simplify the User’s navigation. Indeed, they allow to record some of the User's choices (language, User name, country, information relating to a previously entered form, etc.).

Cookies from social networks

Another category of Cookies comes from social networks: these Cookies, issued by third parties, allow the user to share the content of the Site with other people. This is the case, for example, of the “Share” or “Like” Site buttons from social networks such as “Facebook”, “Instagram”, “Twitter”, “LinkedIn”.

The Company draws the attention of Users to the identification that such a button allows. Indeed, the social network that provides this type of Site button is likely to identify the User thanks to this button, even if the User has not clicked on it when consulting the Site. Indeed, certain cookies allow the social network concerned to follow the User's navigation on the Site, as long as the User’s account with this social network is activated on his terminal during his navigation on the Site.

The Company has no control over the process used by the social networks to collect information relating to the User's browsing on the Site and associated with the Personal Data they have at their disposal. The User is invited to consult the privacy protection policies of these social networks in order to be aware of the purposes of use, in particular advertising, of the browsing information that they may collect through these Site buttons.

These protection policies must in particular allow the User to exercise his choices with these social networks, in particular by setting up his user accounts for each of these networks.

Targeted advertising Cookies

Lastly, a last category of cookies concerns the targeted advertising Cookies.

These Cookies make it possible to offer the User advertising content that is targeted with regard to his or her centers of interest. These Cookies are deposited by the Company's partners.

The Company does not manage its partners’ Cookies and has no control over them.

The User’s choices regarding Cookies

The User may, at any time, set their browser to modify their choices regarding Cookies. Setting up the Internet browser is an efficient and free way to determine, upstream, the management of Cookies at the following address: contact@uncovery.io

Cookies agreement

The registration of a Cookie in a Terminal is essentially subject to the will of the Terminal User, which the latter may express and modify at any time and free of charge through the choices offered by his Navigation software or by the cookie manager at the following address: [TBC]. If the User has accepted in his Browsing software the registration of Cookies in his Terminal, the Cookies integrated in the pages and contents that he has consulted may be temporarily stored in a dedicated area of the relevant Terminal. They can only be read there by their sender.

The period of validity of the consent to the deposit of Cookies is thirteen (13) months. At the end of this period, the User's consent is collected again.

Refusal of Cookies

If the User refuses to save Cookies in his Terminal, or if the User deletes those saved there, he will no longer be able to benefit from a certain number of functionalities that are nevertheless necessary to navigate in certain areas of the Site.

This would be the case if the User tried to access content or services that require the User to identify himself.

This would also be the case if the Company or its service providers could not recognize, for technical compatibility purposes, the type of browser used by the User’s Terminal, its language and display settings or the country from which the Terminal in question appears to be connected to the Internet.

Where applicable, the Company declines all responsibility for the consequences related to the degraded operation of its services resulting from the impossibility for it to record or consult the Cookies necessary for their operation and which the User will have refused or deleted.

How to exercise the choices according to the Browser used by the User?

The settings for Cookie management depend on the User's browser.

As an indication, the User may oppose the recording of Cookies by configuring his browser as follows:

For Internet Explorer :

• Go to Tools > Internet Options.
• Click the Privacy tab, and under Settings, select Advanced.
• Choose whether he/she wants to allow, block, or be prompted to set the desired configuration for internal and third-party cookies.
• Learn more: https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies

For Firefox :

• At the top of the Firefox window, click on the shield, located on the left in the address bar.
• Select protection setting
• Select the tracking protection he/she prefers.
• Find out more: https://support.mozilla.org/activer-desactiver-cookies

For Chrome :

• Click on the wrench icon in the browser toolbar.
• Select Settings.
• In the Privacy section, click the Content Settings button.
• In the "Cookies" section, he/she can block cookies and data from third-party sites.
• For more information: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647

For Safari :

• Go to Settings > Preferences
• Click on the Privacy tab
• In the "Block Cookies" area, check the "always" box.
• For more information: https://support.apple.com/fr-fr/guide/safari/sfri11471/mac

For Opera :

• Go to Settings > Preferences
• Click on the advanced tab and click on “Privacy & security”.
• In the "cookies" area, check the box “Never accept cookies”.
• For more information: http://help.opera.com/Windows/10.20/fr/cookies.html

Limitation of liability

Users shall access the Site and Content, and use the same to their own risk.

The Site and Content provided “as is” and “as available” without any warranty.

It is the responsibility of the Users to take all the appropriate measures to protect their personal data and/or software saved on their computer equipment or phone device against any infringement.

Each User declares having acknowledged and accepted the characteristics and limitations of the Internet network and, in particular: the functional characteristics and technical performance of the Internet network; problems related to the connection and/or access to the Internet network and/or websites; problems related to network availability and congestion; problems related to network failure or saturation; problems related to transit time, accessing information made available online, response time required to display, consult, make a query or transfer data in any other way; risks of interruption; lack of protection of certain data against possible misuse or hacking; risks of possible contamination by viruses circulating in the abovementioned networks, etc., for which the Company shall not be held liable.

The Company undertakes to ensure, to the best of its ability, the accuracy and updating of the information published on the Site, the content of which it reserves the right to correct at any time and without notice.

The Company shall not be held liable:

• In case of interruption, loss, delay or error during data transmission, which are beyond the Company’s control;
• In case messages and/or data are sent to a wrong or incomplete address;
• In case the Company does not receive data, for whichever reason, or if the data it receives is illegible or impossible to process;
• In case the User for any reason whatsoever cannot access or use the Site and/or Content;
• In case connection is interrupted for any reason whatsoever.

Furthermore, the Company declines any liability with regard to improper use of the terminal and/or in the event of an incident related to using the terminal while using the Site.

The Company shall in no case be held liable for any direct or indirect damage of any nature whatsoever resulting from any use of the Site by Users.

The Company shall in no case be held liable for any damage of any kind caused to Users, their terminals, computer equipment or phone devices, or any data that was saved on them, or any consequences thereof that may affect the Users’ personal, professional or commercial activity.

The Company shall in no case be liable for malfunctions attributable to software, whether or not incorporated in or provided with the Site.

Entry into force – Duration

These Terms of use are concluded for an indefinite period from the first access to the Site and for as long as they are applicable under the conditions specified in article 11 below.

Modification of the Terms of use

The Company reserves the right to modify, at any time, in full or in part, the provisions of the Terms of use without warning or informing the Users in advance, to adapt them to the modifications of the Services, changes in technology, legislation and caselaw, or when implementing new services.

Revised Terms of use bearing the modifications shall be made available online. They shall be considered fully accepted by all Users who access the Site after their publication. Therefore, the Company invites all Users to consult the Terms of use on a periodic basis.

Any new Service integrating new technologies or new characteristics that improve the quality of the existing Services shall be subject to these Terms of use, unless expressly provided otherwise.

Force majeure

The Company offers no guarantee as to the uninterrupted operation and/or continuity of the Site in the event of force majeure or fortuitous events as defined by the regulations in force, and by the jurisprudence of the French courts.

No Assignment

Neither Party may assign any of its rights and obligations under these Terms of Service to any third party except with the other Party’s prior written consent.

Severability

If any court of competent jurisdiction finds any provision of these Terms of use to be unenforceable or invalid, then the provision shall be ineffective to the extent of the finding, without affecting the enforceability or validity of these Terms of use’s remaining provisions.

The Parties shall negotiate in good faith a replacement clause achieving practically the same result.

No Waiver

In no event should any failure by either Party to raise a claim in connection with any terms or condition of these Terms of Service or any breach thereof, in any one or more instances, shall be deemed or construed to be a waiver of such term or condition or any subsequent breach thereof.

Governing law – Jurisdiction and Venue

These Terms of use will be governed by and interpreted in accordance with the substantive laws of the Republic of France.

Absent an amicable resolution, the competent courts under the appellate jurisdiction of the Court of Appeal of Paris (France) shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement.

Contact

All questions concerning the Site and/or Content should be sent by email to the following address: contact@uncovery.io