General conditions of use of the AKOLADS platform

PRESENTATION :

AKOLADS is a simplified joint-stock company with a capital of €1,000 registered with the Paris Trade and Companies Register under number 835 369 901 whose head office is located at 10 rue de Penthièvre 75008 Paris, whose activity is the provision of SEO solutions , digital marketing and data performance for the purpose of optimizing the presence of its customers on the Internet and improving their commercial development (the ” Service ”). AKOLADS also provides its customers with a platform accessible at the URL address: https://www.akolads.com/ in order to allow them to follow the actions of referencing, digital marketing and data performance (the ” Platform ”).

1- DEFINITIONS

The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of the interpretation and execution hereof:

“ Client ”: the natural or legal person who has subscribed to the AKOLADS Services.

” Account “: the Client’s personal account allowing him, by means of his identifiers, to access the Platform, to use the Tools and to monitor the proper execution of the Services.

” General Conditions of Use of the Platform ” or ” Platform T&Cs”: these general conditions of use of the AKOLADS Platform, the purpose of which is to regulate the conditions of use of the Platform by the Client and its Users, including their preamble and their appendices as well as any amendment, substitution, extension or renewal of these.

“ General Conditions of Sale of Services ”: the general conditions of sale of Services, the purpose of which is to regulate the conditions for the provision of Services to the Customer, including their preamble and their annexes as well as any amendment, substitution, extension or renewal of those -this.

“ Personal Space ”: the Customer’s personal space accessible from their Account from which they can enter their information and access the referencing, digital marketing and data performance actions carried out by AKOLADS on their behalf.

“ Quote ”: the document summarizing the scope of the Services validated by the Client specifying the Services selected, their characteristics, the implementation approach, the Price and the Service Fees.

“ Tools ”: the tools developed by AKOLADS described in article 6 hereof and accessible on the Platform.

“ Party ”: together or separately the Client and AKOLADS.

“ Platform ” or “ AKOLADS Platform ”: the Internet platform created, developed and operated by AKOLADS and accessible to the Customer at the URL address: https://www.akolads.com/ .

“ Services ”: the services described in article 4 of the General Conditions of Sale of Services, it being specified that the Services ordered by the Customer are stipulated in the Quotation.

” Website “: the Customer’s website.

“ User ”: the person authorized by the Client and under his responsibility to access and use the Platform in his name and on his behalf.

Any reference to the singular includes the plural and vice versa. Any reference to one gender includes the other gender.

2- PURPOSE

The General Conditions of Use of the Platform are intended to set the conditions of use of the Platform and the Tools and to define the rights and obligations of the Client and AKOLADS.

3- ACCEPTANCE

Access to the Platform is manifested by the prior acceptance of the Platform T&Cs.

Before any access to the Platform, the Customer is required to have previously read the Platform T&Cs accessible and printable at the bottom of the Platform’s home page by clicking on the “GCU” hypertext link and to have accepted them by means of of the box provided for this purpose at its 1^era connection.

By ticking the box provided for this purpose, the Customer agrees on his own behalf and that of the Users to use the Platform in compliance with the Platform T&Cs. Failing to accept these, the Client and the Users will not be able to access the Platform.

4- MODIFICATIONS

AKOLADS reserves the right to modify the Platform T&Cs, in particular to reflect changes to the Services and/or applicable laws and regulations.

These modifications will be reported by any useful means and in particular by the publication of an update notice with the update date on the Platform T&Cs.

If the Client does not accept the changes to the Platform T&Cs, he may not continue to use the Tools and must cease all use of the Platform, without prejudice to compliance with the obligations intended to continue upon the cessation of this use. Any Client who uses the Platform after the entry into force of the modifications made to the Platform T&Cs is deemed to have accepted these modifications.

5- ACCESS TO THE PLATFORM

5.1. Technical prerequisites. The Customer must have a connection to the high-speed Internet network (ADSL or Fiber type). The Customer acknowledges having read the fact that the Platform works with the latest updated versions of the following browsers: Google Chrome, Mozilla Firefox, Microsoft Edge, Safari.

5.2. Creation and activation of the Account. Access by the Client and Users to the Platform is by means of an Account, which is created on the Platform. The Customer is invited to define a password which he undertakes to keep and guarantee the maintenance of confidentiality and to certify that he is not a robot.

The Customer must ensure the security of his accesses by using a unique, personal, robust password and kept strictly confidential. The Client acknowledges that AKOLADS cannot be held liable in the event of fraudulent access to the Platform due to a defect or security breach resulting from recklessness, error or omission by the Client himself.

The Client must immediately contact AKOLADS using the contact details mentioned in Article 14.1 hereof if he notices that his Account has been used without his knowledge. He acknowledges that AKOLADS has the right to take all appropriate measures in such cases.

6- TOOLS

6.1. Description of Tools. The Client accesses the following Tools through the Platform:

– the “Personal Space” Tool allowing him to access his profile, his current contracts, his billings and to fill in all the information he deems useful for the actions of referencing, digital marketing and performance of the data carried out by AKOLADS, the complete and up-to-date description of which is accessible under the “FAQ” tab of his Personal Space.

– the Tool “Monitoring of SEO actions, digital marketing and data performance” allowing him from his Personal Space to follow the SEO, digital marketing and data performance actions carried out by AKOLADS on his Website, the complete and up-to-date description of which is accessible under the “FAQ” tab of his Personal Space.

6.2. Tools evolutions. AKOLADS reserves the right to freely develop the Tools, in particular for legal or technological reasons at its sole discretion, in order to create new functionalities or improve existing functionalities. Any modification of the Tools already made available to the Customer is enforceable against him without notice from the time it is put into production and/or communicated by AKOLADS.

7- CUSTOMER COMMITMENTS

7.1. Compliance with applicable laws and regulations. The Client undertakes on his/her behalf and that of the Users in his/their use of the Platform to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.

7.2. Access to the Platform. The Client agrees on his own behalf and that of the Users to access the Platform in accordance with these terms.

7.3. Use of the Platform. The Client undertakes on his own behalf and that of the Users to use the Platform in accordance with the present conditions and to make use of it for which it is intended. He undertakes in particular to respect the steps, conditions and terms of use of the Tools of the Platform .

7.4. Information and content. The Client acknowledges and declares on his behalf and that of the Users that the information provided and content transmitted on the Platform using the Tools, in particular the information relating to his Website and his activity, are accurate, up-to-date and complete in order to preserve their accuracy. and that he is, as such, solely responsible for the sincerity and accuracy of his information/content. However, in the event that any of the information provided or content provided proves to be false, incomplete, obsolete, misleading or offensive, the Customer acknowledges that AKOLADS reserves the right, without any notification or compensation and without notice, to suspend or to close his Account and deny him access to all or part of the Platform and Tools.

7.5. Prohibited behaviors. The Client shall refrain, on its behalf and that of the Users, from any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Platform, any intrusion or attempted intrusion into AKOLADS’ computer systems, any misappropriation of resources Platform system, any actions likely to impose a disproportionate burden on AKOLADS’ infrastructures, any breaches of security and authentication measures and more generally any acts likely to infringe the financial, commercial or moral rights and interests AKOLADS or other customers.

7.6. Third Party Claim. The Customer guarantees AKOLADS against all complaints, claims, actions and/or claims whatsoever that AKOLADS may suffer as a result of the violation, by the Customer or the Users, of any of its obligations or guarantees under the terms hereof. The Customer undertakes to indemnify AKOLADS for any damage it may suffer and to pay it all the costs, charges and/or penalties it may have to bear as a result.

8- ROLE AND RESPONSIBILITY OF AKOLADS

8.1. Availability and Performance of the Platform and Tools. AKOLADS undertakes to carry out regular checks in order to verify the operation and accessibility of the Platform and the Tools. AKOLADS reserves the right to temporarily interrupt access to the Platform for maintenance and/or improvement reasons. Similarly, AKOLADS cannot be held responsible for temporary difficulties or impossibilities in accessing the Platform and the Tools which may be caused by circumstances external to it, force majeure, or which may be due to disruptions in the telecommunications networks. . AKOLADS also makes its best efforts to ensure the preservation of the security of the Platform. However, the Platform may occasionally present errors and/or bugs likely to cause malfunctions of the Tools for which AKOLADS cannot be held responsible in any way due to the useful precautions put in place.

8.2. Limitation of Liability. AKOLADS does not guarantee to the Client that the Platform and the Tools, subject to constant research to improve their performance and progress in particular, will be totally free of errors, defects or defects and that the Platform and the Tools, being standard and in no way offered for the sole intention of a Customer or given according to his own personal constraints, will specifically meet his needs and expectations. AKOLADS cannot be held responsible for the content published or the information provided by the Client or the Users. In any case, AKOLADS can only be held liable for foreseeable and proven direct damages suffered as a result of the use of the Platform and the Tools. AKOLADS cannot be held liable for consequential damages, commercial loss, loss of income, loss of profits, loss of profits, loss of contracts, loss of customers, loss of opportunity, loss of profit, loss of data, data breach, damage to image or reputation or moral damage.

9- DURATION – TERMINATION

9.1. Duration. The Platform T&Cs are applicable from the date of signature of the Quotation and will remain in force for the duration indicated in the Quotation (the “Initial Period”). At the end of the Initial Period, these will be tacitly renewed for an indefinite period and may be terminated by each of the Parties under the conditions defined herein.

9.2. Termination for Convenience . The Client is free, at any time from the end of the Initial Period, to stop using the Platform and the Tools, for any reason whatsoever, without notice by requesting the closure of his Account.

9.3. Termination for Breach. Each Party may in any case request the closure of the Account in the event of serious and repeated breaches by the other Party of its obligations provided for herein, without prejudice to any action that the latter may decide to take against the other part. AKOLADS also reserves the right to suspend access to the Platform or close the Client’s Account if it turns out that the Services cannot be performed due to a repeated lack of cooperation by the Client.

9.4. Effects. The termination of these presents for any reason whatsoever entails the closure of the Client’s Account who will nevertheless retain access to the Tools for three months allowing him to download and save by his own means and resources the information and documents stored on the Platform.

10- INTELLECTUAL PROPERTY

10.1. Platform. The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by AKOLADS on the Platform are protected by all property rights. current intellectual. All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, distribution and use of one or any of these elements, in whole or in part, without the authorization of AKOLADS are strictly prohibited and may be the subject of legal proceedings.

10.2. User License. AKOLADS grants the Client and its Users, for the whole world and for the duration of use of the Platform and the Tools, a non-exclusive, personal and non-transferable license to use the Platform, in its version existing on the date hereof and in any future versions. This license is granted for the sole purpose of use of the Platform and the Tools by the Client and its Users.

The Client is prohibited from reproducing, arranging, adapting all or part of the Platform; carry out any form of commercial exploitation of the Platform with third parties; assign, provide, lend the Platform, grant sublicenses or other rights of use or, more generally, communicate to a third party or an unauthorized affiliated company all or part of the Platform; carry out the remote transmission of the Platform, its networking, in particular on the Internet or its distribution in any other form, without the prior written authorization of AKOLADS, create any work derived from all or part of the Platform and the Tools.

11- PERSONAL DATA

The Personal Data of the Client and its Users is collected on the Platform, the processing of which is subject to compliance with the GDPR and the French regulations in force is governed by the AKOLADS personal data protection charter accessible on the home page of the Platform.

12- LINKS TO THIRD-PARTY SITES

The Platform may contain links to other websites that may be of interest to the Client. AKOLADS cannot be held liable for the content of any of these third-party sites to which the Customer may have had access by means of these links.

Furthermore, AKOLADS has no means of controlling the content of these third-party sites, which remain completely independent of the Platform. Moreover, the existence of a link between the Platform and a third-party site does not in any way mean that AKOLADS approves in any capacity whatsoever the content of this site and a fortiori the use that could be made of it.

Any use or insertion of a link to the Platform must also be authorized in advance by AKOLADS, who may be contacted via the address: contact@akolads.com.

13- MISCELLANEOUS PROVISIONS

13.1. AKOLADS elects domicile at the following address: 10 rue de Penthièvre 75008 Paris and the Client at the address entered most recently on his Account.

13.2. If any of the stipulations of the Platform T&Cs or part of them is invalid under a rule of law or a law in force, it will be deemed unwritten, but does not entail the nullity of the Platform T&Cs.

14- APPLICABLE LAW

The Platform T&Cs are subject to French law.

15- JURISDICTION

Any dispute relating to the validity, execution or interpretation of the present will be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Paris to which jurisdiction is expressly attributed, even in the event of summary proceedings or plurality of defendants.