TERMS OF USE OF THE PROPOSEO SOFTWARE

Welcome to the website PROPOSEO.com, hereinafter "The Site", published by PROPOSEO SAS, hereinafter "Proposeo", simplified joint-stock company with a capital of 8 000 €, with the fiscal identification number 811 850 585 RCS Mâcon and whose office address is La Thuillière, 71110 Saint Julien de Jonzy, hereinafter referred to as "PROPOSEO".

Preamble

The Terms of Use (known as "TOU") are intended to define the conditions of use of the application accessible to the address proposeo.com. They present the rights and obligations of the Customer and constitute the Contract which binds him to the company Proposeo SAS.

The use of Proposeo.com is reserved for Users who have read and unconditionally accepted the Terms of Use.

The User agrees to respect these conditions of use throughout its use of the service Proposeo.com. In case of disagreement with the terms and conditions of use, the User must not use the Service Proposeo.com. The User declares that he has the capacity to contract for his personal account or for the company he represents as part of his duties. In the event the User acts in the name and on behalf of his employer, he guarantees to have received the delegation and the power necessary for such engagement.

Proposeo reserves the right to modify these Terms at any time. The TOU are evolutive and will evolve as the development of the Proposeo.com application. As such, the User undertakes to keep abreast of these developments and to respect the terms of the TOU.

Terms of use

  1. Definitions

    In the context of these Terms, terms and expressions identified by a capital letter have the following meanings, whether used in the singular or the plural:

    • "TOU" means the present terms and terms of use of the site Proposeo.com.
    • "User" (administrator or simple user) means the User of the web platform Proposeo.com on which he creates, manages and distributes written works, videos, images of which he holds the intellectual property rights. He acts on behalf of the Client.
    • "Content" means any work, written "texts", "movies" videos, photos or illustrations "images" that the Customer manages and disseminates from his private area on Proposeo.com.
    • "Customer" means a person, natural or legal, acting alone or representing third parties, whether or not engaged in a professional or commercial activity and having accepted these Terms. The Client delegates to the User the right to act on his behalf and in particular to subscribe to subscriptions and other commercial offers of Proposeo, and to use the services offered on Proposeo.com.
  2. Purpose of the contract:

    The purpose of the Contract is to define the terms and conditions applicable when accessing the Application and the Services subscribed by the Customer.

    Proposeo agrees to the Customer who accepts it, a right, under the strict conditions of Article 4, to access and use of the Application for the duration of its subscription.

    The Customer may not assign all or part of the rights and obligations arising from this Agreement without the prior written consent of Proposeo.

    It is specified that for the good execution of those, the Customer undertakes to update its data directly in the application in the "Settings" menu, for any change of address or corporate name. The Customer is solely responsible for this update.

  3. Description of the Proposeo.com Service

    Proposeo.com makes available to the User, an Internet Application, giving access to features and services within the framework of a private access granted to each Customer; The application allows among others:

    • To edit, create, design, market web pages for the purpose of creating commercial documents (commercial proposals, offers, contracts or any other documents desired by the Customer).
    • To broadcast, follow, relaunch the commercial documents sent from the Proposeo.com site.
    • To transcribe and analyse reading statistics relating to the distribution of commercial proposals from the Clients to the recipient.
    • Print the commercial documents sent and / or allowing the recipient of the documents to do that.
    • To allow the recipient of the documents to affix his electronic signature online (only in the case where the Customer has subscribed to the corresponding offer, and when he has acquired enough e-signatures to allow the recipient to sign electronically the document).

    The Proposeo.com site is accessible free of charge to any user with access to the Internet. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are his responsibility.

    Because of the global nature of the Internet, the User agrees to comply with all rules of public policy relating to the behaviour of users of the Internet and applicable in the country from which he uses the Service. For its part, Proposeo.com complies with the French legislation in force, to which it is subject.

    Proposeo.com implements all reasonable means available to make its service accessible 24 hours a day, 7 days a week. However, it is not held to any obligation of result.

  4. Access to the application

    1. How to access the Application

      The Application is accessible via Client Access ("identifiers" at the following address: https://proposeo.com by means of identifiers which are an e-mail address and a strong password.

      The Client Access is done from any computer or mobile device using the identifiers it has created. It provides access to the administration and management parameters of the Application, which allows you to create, manage, generate and distribute content from the Site and to analyse the performance of the distribution of this content.

      The identifiers are personal and confidential. The Customer undertakes to make every effort to maintain the complete confidentiality of its identifiers and not to disclose them in any form whatsoever.

      The Customer is fully responsible for the use of such identifiers. It will ensure that no other person not authorized by Proposeo has access to the Services of the Application. If he becomes aware that another person is accessing his services, the Customer will inform Proposeo without delay and will confirm it by registered mail and by e-mail.

      In case of theft or loss of identifiers, the Customer will inform Proposeo without delay and will confirm it by registered mail.

    2. Technical conditions of access and update to the Application

      Proposeo makes available to the Customer the Services via the Application accessible on its server via the Internet network 24 hours a day, 7 days a week, except for maintenance periods.

      In order to ensure the proper functioning of the Application, it is specified that the application is optimized for the latest versions of the Google Chrome web browser, Microsoft Edge, or Firefox.

      Proposeo reserves the right to update and make functional changes to the Application at any time that may temporarily render access to the Services unavailable.

      The Customer is also warned of technical hazards and access interruptions that may occur. Consequently, Proposeo cannot be held responsible for any unavailability or slowdown of the Services.

      Proposeo undertakes to put in place regular controls to provide reasonable assurance that the Customer can access and use the Application under the conditions set forth herein.

      The Customer undertakes not to expose the Application to any risk of hacking and attempting to compromise the vulnerability of the Application and its security system. Consequently, the Customer must put in place all the appropriate measures to prevent risks or any other risk likely to affect the Application and its host.

      Content that may be added to the Application must comply with the formats and other conditions contained in the documentation available at: the user guide

  5. The Services

    Several services are offered to the Customer (the "Service (s)"), which provide monthly or annual rates, renewable by tacit agreement without any limitation, such as appearing at the following address: https://proposeo.com

    It is specified that the Customer subscribing to a Free Service is nevertheless subject to all the provisions of this Agreement. As a result, he may be held liable if it causes any damage to Proposeo.

    The Customer's choice of Service is his sole responsibility.

    The Customer owes an annual or monthly fee according to the Service subscribed, the amount of which is set according to the price list at the following address: https://proposeo.com.

    He will benefit beforehand from a non-renewable period of 30 days. In case of an attempt to create multiple accounts for the same IP address in order to multiply free times, Proposeo reserves the right to block access to the application or to close the corresponding accounts.

    VAT will be payable by consumers, within the meaning of consumer law, concluding this Agreement. In the case of Professional Clients, VAT may be payable by them to Proposeo in accordance with applicable Community or international provisions. Consequently, the Customer agrees upon simple request Proposeo to provide accurate and real information on its legal and tax situation, and especially to provide the exact information on the site Proposeo.com in the data part necessary for the issue of billing.

    The monthly or annual fee will be paid on the first day of the billing period, after a 30-day evaluation period, by direct debit. Proposeo uses the services of Stripe (https://stripe.com) located at 3180 18th St San Francisco, CA 94110 for payment by credit card.

    The amount of the annual fee, for the subscription of an Annual Service, must be paid in full on the day of subscription of the Service by the Customer.

    To use the service of the electronic signature of the document, the customer will have previously purchased enough signature number to perform the desired transactions.

    The payment data is exchanged in encrypted mode.

    Payments made by the Customer will be considered final only after actual receipt of amounts due by Proposeo. An invoice is established by Proposeo and it is given to the Customer as soon as the payment is made.

    If the Customer does not wish to see his commitment renewed tacitly, he will have to connect on proposeo.com, then in the "Settings" menu, modify the subscription by deleting the selected plan.

  6. Ownership of the data

    The Customer is entirely responsible for the data that it provides or that it imports into the application.

    In general, the Customer undertakes to comply with the legal provisions of his country of belonging, especially for French companies to the law “Informatique et Libertés No. 2018-493 of June 20, 2018”, promulgated June 21st, 2018 and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27th, 2016.

    In accordance with Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the Customer will enter data of a personal nature if and only if it complies with at least one of the conditions of this article.

    The Customer remains the owner of all the data that he communicates as part of the use of the Application.

    The Customer expressly authorizes Proposeo to host such data on the server chosen freely by the latter and to use them for the purposes of the operation of the Application but also to exploit them for statistical purposes.

    Proposeo will have to ensure that the server chosen for this hosting will use the appropriate means to ensure the integrity of the establishment and preservation of data, as well as the protection and confidentiality of the collection, storage and processing Customer data.

    However, Proposeo will in no way be responsible for the breaches of the obligations committed by said host. The responsibility will remain the responsibility of this host.

    In application of the Data Protection Act No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, including. These data may be communicated to the potential partners of Proposeo responsible for the execution of the present.

    Proposeo guarantees the confidentiality of the data, as described in the Proposeo Privacy Statement.

    The Customer has, in accordance with national and European regulations in force, a permanent right of access to modify, rectify and oppose information concerning him.

    The Customer may exercise his rights by writing to the following email address: dpo@proposeo.com or at the following postal address: Proposeo SAS, La Thuillière 71110 Saint Julien de Jonzy. An answer to the Customer's request will be sent to him within 30 days. If the data transmitted by the Customer include personal data, the Customer guarantees Proposeo that it has complied with all the obligations incumbent upon it in particular under the Data Protection Act No. 2018-493 of June 20, 2018 information, files and freedoms, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, and more generally applicable laws in the Client's country. As such, the Client guarantees Proposeo against any recourse, complaint or claim related to the hosting or use of said data.

  7. Guarantees and responsibility of Proposeo.com

    1. Use of the Application The role of Proposeo is limited to put at disposal Services to the Customer. Proposeo.com makes every effort to offer the User a permanent service, but it cannot be held responsible for errors or lack of availability of information contained on its Site, or direct or indirect damage that may result .

      The Customer is solely responsible for the consequences of the use of the Application by him and any third party. The Customer is required to ensure that the use he makes of the Application complies with legal and regulatory provisions. Proposeo does not give any guarantee to the Client as to the conformity of the use of the Application, which it does or plans to do, with the national or international legal and regulatory provisions.

    2. The Generation and Dissemination of Content Through the Application

      Proposeo assuring only a technical role in the management and dissemination of content on the Platforms cannot have the quality of publisher of such content. The Customer freely defines the content to be broadcast as well as its broadcast period.

      Proposals for content that may be generated by the Application do not affect the Client's freedom to broadcast them or not. It is specified that these proposals are technically automated by the Application regarding the data communicated by the Customer, consequently, those proposals of contents cannot be analysed as a proposal of content emanating from Proposeo.

      The Customer will be solely responsible for the content, conditions and consequences of the dissemination or non-dissemination of content via the Application, including when this content was proposed by the Application. He must then ensure compliance with legal and regulatory conditions and make his case all disputes.

    3. Data and content

      The Customer warrants that he owns the original files and data of his Contents. Proposeo.com will not be responsible in case of loss of data transmitted by the Customer.

      Proposeo does not control the use of the Application made by the Customer and the various data and information entered by the latter and by any third party. Proposeo can not in any way be held responsible for this content.

      Proposeo undertakes to seize content likely to undermine public order or morality, to provoke protests from third parties, or to contravene the legal provisions in force.

      Consequently, it is expressly agreed that in the event that Propose is implicated, in any capacity whatsoever, in any country whatsoever, by a third party on the basis of an industrial property right and / or intellectual property relating to an item provided by the Customer, the Customer undertakes to fully guarantee Proposeo direct and / or indirect economic and financial consequences (including costs of procedure and defence) that arise from these claims.

      The Customer must ensure the sending of data to the Application and cannot blame Proposeo on any basis and for any reason whatsoever the non-receipt or loss of data transmitted. The Customer will then take care to keep a backup of the transmitted data. In addition, once the Contract terminates, the Customer is informed that the data transmitted and all data generated and / or stored in the Application will be destroyed by Proposeo within 30 days, the date of termination being taken.

      Similarly, Proposeo.com cannot guarantee the information published by the Customers. In the same way, the hypertext links put in place within the framework of this Site towards other resources present on the Internet network can not engage the responsibility of Proposeo.com.

    4. Analyses and performance statistics

      Analyses and performance statistics (including models or documents disseminated or any other elements) provided by the Application are indicative only. Proposeo does not commit to their accuracy. Consequently, the Customer is solely responsible for the consequences of the use of these analyses and statistics of performance and cannot reproach and seek the responsibility of the Proposeo on any basis and for whatever reason because of the consequences including financial and commercial linked directly or indirectly to these performance analyses and statistics.

    5. General provisions

      Proposeo.com makes every effort to offer the Internet user a secure site, especially in the absence of viruses. However, it is up to the Internet user to protect his equipment or computer network by acquiring an anti-virus which will be regularly updated by the Internet user. The Company cannot under any circumstances be held responsible for any intrusion of viruses into the Internet user's computer equipment, nor for any direct or indirect damage that may result.

      In any event, Proposeo shall not be liable under any circumstances for indirect or unforeseeable losses or damages of the Customer or third parties, including any missed profits, inaccuracy or corruption of files or data, commercial loss, loss of turnover or profit, loss of clientele or loss of opportunity related to any title and on any grounds whatsoever to this Agreement.

      In case of violation of these provisions, Proposeo.com may close the access to the site without notice to the exclusive fault of the User, and the User will no longer be able to use the service Proposeo.com.

    6. Confidentiality

      The Client authorizes PROPOSEO to mention his name in his references and in his commercial communication (paper, Internet).

      PROPOSEO undertakes to keep confidential all informations, documents, and "Contents" except those that would be known publicly at the date of this contract, whether this is information relating to the products, the organization of the Customer, strategy or employees. PROPOSEO is committed to respecting this confidentiality to its employees.

      For more details, see Proposeo's Privacy Policy.

    7. Guarantees

      PROPOSEO guarantees that it will perform its services in compliance with the regulations in force, the rights of the Customer and third parties, in particular PROPOSEO guarantees that the rights of the software they use do not infringe any rights of third parties and in particular, that they are not counterfeiting other software.

      The Customer agrees that the nature of the data stored and hosted in its private portion do not violate the laws in force in France or in countries where the Application is used. And in particular, do not contravene existing laws that govern the protection of minors, the human person, consumers and intellectual property.

      If the responsibility of PROPOSEO were to be sought in this respect, the Client would guarantee PROPOSEO against any conviction of any nature whatsoever. PROPOSEO cannot be held to the payment of indemnities for unforeseeable expenses, direct or indirect, or consecutive, to the impossibility of partial or total use of the Application available on proposeo.com.

  8. Rules of good conduct

    The User undertakes not to do anything that could harm the honour or the respect of proposeo.com, its activities or its representatives.

    All content and communications that are deemed pornographic, racist, violent, defamatory, abusive, deceptive, detrimental to respect for persons, contrary to public order or morality, or commercial interference are prohibited.

    The Customer is fully responsible for the Content in his private area as he is fully responsible for the dissemination and publication of its Content to the intended recipients.

    The Customer guarantees to own the exploitation rights on the Content present in his private space, as on the Content that he will distribute. The Customer is responsible for the necessary authorizations and any costs incurred by the texts he publishes using the application on proposeo.com.

    In particular, to each Content, the Customer agrees to comply with the terms and conditions of use as it is written at the time the Content is disseminated.

    In case of violation of those provisions, the Customer is solely responsible. In addition, proposeo.com may then, depending on the seriousness of the facts, automatically and without notice terminate the service to the exclusive wrongs of the User, and the User will no longer be able to use the service Proposeo.com.

    Proposeo.com exercises moderation posteriori and undertakes to follow up all reports of abuse.

    In the event of dissemination of works constituting illegal content or plagiarism, the user is encouraged to alert Proposeo.com by an email addressed to support@proposeo.com, indicating in the subject line "Illegal content" or "Plagiarism", and by indicating the link of the page containing the disputed content.

    In case of illegal or malicious behaviour, the user is encouraged to alert Proposeo.com by email to support@proposeo.com, indicating in the subject line "Reporting abuse", by proceeding to a complete and faithful transcription of behaviour or the disputed document.

  9. Intellectual property

    The Customer retains full ownership of its intellectual property rights. The Client guarantees proposeo.com against any trouble, action, claim, opposition, any claim from a third party that would support that one of the Content violates its rights, as well as against any damage or liability incurred in the exercise of the rights attached to the Contents.

  10. Functionality or custom complementary application

    In case of adaptation of the Application accessible from https://proposeo.com on behalf of a Customer, the entirety of those Terms are automatically applicable, and specific conditions will be signed between the parties.

  11. termination

    In case of breach by one of the parties to its contractual obligations, the Contract may be automatically terminated by the other party fifteen (15) days after the sending of an email or by a letter of formal notice addressed by registered letter with acknowledgment of receipt received without effect. The formal notice will indicate the defect (s) found. Once the Agreement is terminated, the Customer will cease to access the Application Services and the data transmitted to the Application will be destroyed by Proposeo.

  12. Dispute

    • Evidence Agreement

      The parties agree that they may exchange the information necessary for the performance of the contract electronically. Any electronic communication between the parties is presumed to have the same probative force as a written paper.

    • Partial invalidity

      In case of nullity of a substantial stipulation of the Terms of Use or if this stipulation was deemed unwritten, in whole or in part, pursuant to a law or regulation or following a final court decision the other stipulations will remain in force and will retain their full binding force between the parties.

    • Applicable law

      Those Terms of Use are governed by French law.

    • Amicable dispute resolution procedure

      The parties undertake, in case of difficulties in the execution of the contract and prior to any termination, resolution and / or legal proceedings, to submit their dispute to an amicable conciliation procedure.

      As such, the party wishing to bring the amicable conciliation procedure into play must notify the other party, by registered letter with acknowledgment of receipt, of its intention to bring the proceedings into question by specifying the difficulties of application encountered.

      During the entire period during which such difficulties are found, the parties agree that the continuity of benefits provided in the Terms of Use outweighs any other consideration. In the absence of agreement between the parties within fifteen (15) days of the notification referred to above, the parties will be free to act.

    • Reference text

      The terms of use written in French is the only reference text between the parties.

    • Attribution of jurisdiction

      In the event of litigation, express jurisdiction is attributed to the courts of Lyon (France), where the head office of Proposeo is located and where the contract between the parties is formalized, notwithstanding the plurality of defendant or warranty claim, even for the procedures of urgency or provisional proceedings in summary proceedings or by application.