Terms and Conditions of Use

Terms and Conditions of Use for the Smartnance Solution

Version dated May 13, 2025

 

PREAMBLE – DEFINITIONS

 

In the provisions of these Terms and Conditions of Use, the terms mentioned below have the following meanings:

 

• Administrator: refers to the individual authorized by the Client to use the Application and the Back Office.

 

• Application: refers to the white-label mobile application, with features and services selected by the Customer and made available to its Users. This Application is hosted by Smartnance on behalf of the Customer. The Customer's Users access the Solution after downloading the Customer's application from compatible iOS and Android stores.

 

• Backoffice: refers to the website enabling Administrators to manage and administer the Application. The Backoffice is made available to the Customer by Smartnance. The Backoffice will only be accessible to Administrators designated by the Customer, a complete list of whom will have been provided to Smartnance.

 

• Client: refers to the company that has entered into a license agreement with Smartnance in order to use the Solution developed and hosted by Smartnance.

 

• Account: refers to the space within the Solution reserved for a User, tailored to their profile. An Account may include several companies or sites and have different Rights and access to different modules depending on the companies and sites. Accounts allow Employees and Administrators to access the features and services available to them, depending on their Rights profile.

 

• Data: refers to information, publications, and, in general, all visual, textual, audio, photographic, video, and drawing data originating from the Customer (and more broadly from Users) and transmitted via the Solution.

 

• Rights: refers to the rights to view, edit, validate, and delete content, or the rights to use certain services or features of the Solution, assigned to each User according to their Rights profile.

 

• Occupying company: refers to the company located on the Customer's Site and having access to the Solution.

 

• Technician: refers to the individual authorized by the Administrator to use the Mobile Application.

 

• Subcontractor: refers to a third-party company offering Services to Users who wish to use them via the Solution. The list of Service Providers is available here.

 

• Service provider: refers to a set of services or benefits offered to Users that are not developed by Smartnance or the Client, such as, in particular, applications enabling geolocation, management of connected lockers, management of access to the site and spaces, ordering of cleaning or concierge services. These services have been or are the subject of a contract between the Service Provider and the Customer, and/or the occupying Company, and/or the User.

 

• Site: refers to buildings managed by the Client or to which the Client has access rights.

 

• Solution: refers to the Application and the Back Office.

 

• User: refers to an Administrator or a Contributor.

 

• Smartnance: refers to the company that publishes and operates the Smartnance Solution, a simplified joint stock company with capital of €28,000.00, registered in the Paris Trade and Companies Register under number 880 656 061, with its registered office located at 57 rue de Châteaudun, 75009 Paris.

 

 

1. SUBJECT

 

These Terms and Conditions of Use (hereinafter referred to as the "TCU") govern the relationship between the Customer, Smartnance, and Users who wish to use the services offered by the Solution and, where applicable, Service Providers.

 

Through the Solution:

 

• Administrators may interact with Contributors or other Administrators in the context of professional management of the Site.

 

• Collaborators can interact with each other and with the Site Administrator(s). Collaborators also benefit from (i) a set of features designed to simplify their daily use of the Site, and (ii) access to the Service Providers selected by the Client.

 

 

2. ACCEPTANCE

 

By accessing and using the Solution, all Users declare that they have read these Terms and Conditions of Use and expressly accept them without reservation and/or modification of any kind following their acceptance during registration, as evidenced by the checked box "I acknowledge that I have read and accept the Terms and Conditions of Use of the Solution." These Terms and Conditions of Use are therefore fully enforceable against Users.

 

 

3. PURPOSE OF THE SERVICES

 

The Solution enables:

 

• to be informed about what is happening at their workplace (news, events, offers and services available on the Site, incidents, etc.);

 

• simplify their daily lives thanks to the features of the Application (space reservation, feedback, user manuals, map, badge, control of the temperature, lighting, and blinds in their space, etc.), and, where applicable, the Service Providers;

 

• to encourage interaction within the Site (directory, individual and group messaging).

 

The Solution also enables the Customer to manage its Site effectively, allowing it to view the Site's activity in real time, obtain statistics on the use of features and Provider Services, and analyze and compare the Site's technical data and data from the use of the Solution.  

 

 

4. TERMS AND CONDITIONS OF ACCESS TO THE SOLUTION

 

The Solution is reserved for the exclusive benefit of Users with an active Account.

 

A Collaborator Account can be created in two ways:

 

• either after being invited by an Administrator: account activation is subject to the invited Collaborator choosing a password and accepting these Terms and Conditions of Use;

 

• either after completing the registration form in the Application: account activation is subject to account validation by an Administrator and acceptance of these Terms and Conditions of Use by the Employee.

 

An Administrator Account can only be created with the agreement of the Customer and the Occupying Company. Activation of the account will be conditional upon the invited Administrator choosing a password and accepting the Terms and Conditions of Use.

 

The Customer may authorize Smartnance to send invitations to Administrators and Employees on its behalf and for its account.

 

 

5. ACCESS TO THE SOLUTION

 

• Access to the Application

 

Access to the Application is via the Internet and using a mobile phone with the necessary compatibility and security features for such access. All costs associated with accessing the Application, whether hardware, software, or Internet access costs, are the sole responsibility of the User.

 

As such, and as a User, you acknowledge:

 

• have the necessary skills and resources to access and use the Application;

 

• have verified that your computer configuration does not contain any viruses and is in perfect working order;

 

• have been informed that the Application is in principle accessible 24 hours a day, 7 days a week, except during maintenance periods, cases of force majeure, or IT, technical, or telecommunications network difficulties.

 

• Access to the Back Office

 

Access to the Back Office is via the Internet using a computer, tablet, and/or mobile phone with the necessary compatibility and security features for such access. All costs associated with accessing the Back Office, whether hardware, software, or Internet access costs, are the sole responsibility of the Administrator.

 

As such, and as a Director, you acknowledge:

 

• have the necessary skills and resources to access and use the Back Office (compatible browsers: current versions and n-1 and n-2 versions of Chrome, Safari, Firefox, Internet Explorer, etc.);

 

• have verified that your computer configuration does not contain any viruses and is in perfect working order;

 

• have been informed that the Back Office is normally accessible 24 hours a day, 7 days a week, except during maintenance periods, cases of force majeure, or IT, technical, or telecommunications network difficulties.

 

• Liability

 

The Customer and Smartnance shall not be held liable for factors beyond their control or for any damage that may be caused to the User's technical environment, including their computers, software, network equipment, and any other hardware used to access or use the Solution and/or the information contained therein.

 

• Technical support

 

Users can contact the support service and receive technical assistance by sending an email to: support@smartnance.fr, Monday to Friday, from 10 a.m. to 6 p.m., except on French public holidays.

 

 

6. CODE & SECURITY

 

Access to the Solution is reserved for Users. The User must enter their username (the User's email address) and password to access the Solution.

 

The password is personal and confidential. The User is solely responsible for it. The User undertakes not to disclose it to third parties in any form whatsoever and to take all necessary precautions to prevent third parties from gaining access to it. If the User forgets their password, they can choose a new one by clicking on "Forgotten password."

 

The User agrees to notify the support service immediately in the event of loss or theft of their password by sending an email to support@smartnance.fr. 

 

Otherwise, and unless proven otherwise, any connection or transmission of orders or data made using the password shall be deemed to originate from the User and shall be under their sole responsibility.

 

The User may request the cancellation of their Account at any time by sending an email to support@smartnance.fr.

 

 

7. DESCRIPTION OF THE SOLUTION'S SERVICES

 

Through the Solution, Users can access the Application features listed below and can choose which ones they wish to use or not. Administrators can access the Back Office features listed below and can choose which ones they wish to use or not.

 

As such, certain existing features may change and new ones may be added. Furthermore, Smartnance may integrate third-party services, thereby expanding the list of available features. Certain features are specific to certain types of sites (office, campus).

 

• Features offered in the Application

 

The decision to subscribe to these features is up to the Customer.

 

Users can modify their preferences (notifications, profile, etc.). Each User is assigned to a group or subgroup that defines their Rights.

 

Depending on their Rights, a User may have a greater or lesser degree of freedom to view and take action.

 

• News

 

Users can view news items relating to their workplace (hereinafter referred to as "News items"): communications, information, offers, announcements, works, events, tweets, etc. News items are organized by date and sorted by keywords. The display of a News item may be restricted to Users of a Site and/or an occupying Company.  

 

• Services

 

The User has access to information about the services available (including Service Providers) at and around their place of work: access, contact details, opening hours, prices, menu, services, schedule, orders, etc.

 

The Services integrated into the Solution allow users to book services in the Application, view their available balance, and check service availability in real time.

 

• Reservation

 

Users can filter and reserve a space (meeting room, office, parking space, connected space, etc.) based on the following criteria:

• Day
• Time
• Capacity
• Facilities

 

Users can view and search for spaces available for reservation, by floor and/or type of space, and via a QR code.

 

The User may also add participants to their invitation (for spaces with a capacity greater than 1) or order a service available on the Site and/or in their occupying Company.

 

Reservations made can be automatically transferred to the reservation software used on the Site and/or in the occupying Company.

 

Upcoming or current reservations can be viewed, modified, canceled, and reminder notifications can be set up by the User.

 

• Social

 

The User has access to the Site directory and can view a User's profile (last name, first name, job title, company, site, building, landline, cell phone, email). Please note that the display of each User's profile can be configured in Preferences.

 

The User may send messages from the directory, either in a private discussion or in a private discussion group.

 

• Helpdesk

 

The User has access to the user manuals for the materials and equipment installed on the Site.

 

The User can report an incident, specifying the type of incident, its criticality, and its location. The User can track the incidents they have reported in their Profile.

 

• Feeling

 

Users can give their feedback on their workspace, based on criteria defined by Administrators (temperature, brightness, cleanliness, noise, air quality, etc.).

 

• Map

 

The User has access to the plans for their Site. The display of the plans may vary depending on the User's Access Rights.

 

• Safety

 

The User has access to the safety instructions for the Site or the building. The User also has access to emergency numbers.

 

• Notifications

 

The User has access to all notifications received in connection with the use of the Application's features or the use of the Service Providers' Services.

 

• Profile

The User has access to information on their profile (last name, first name, job title, company, site, building, landline, cell phone, email). The User can change their profile photo.

 

The User can access the information on their badge, if the feature is available.

 

In the preferences, the User can choose to display or hide certain information in their profile. The User can also configure their notifications.

 

In Incidents, the User can view the incidents they have reported: the date of the report, the nature, severity, comment, location, and status.

 

The User also has access to the applicable Terms of Use, Legal Notices, and contact details for reporting abuse or sending an email to customer support.

 

• Features offered on the Back Office

 

Access to the Back Office is reserved for Administrators designated by the Customer. Administrators' Rights may vary depending on their roles on the Site and/or within the occupying Company.

 

The Administrator may have a greater or lesser degree of latitude in consultation and action, depending on the group or subgroup to which he or she is attached.

 

• Dashboards

 

The Administrator can view general and detailed statistics for the Application, by Site, by Occupying Company, and by period. The dashboards detail the use of each feature and each Service Provider. The dashboards can also integrate technical data from the Site.

 

The Administrator can export statistics in CSV format.

 

• Features

 

The Administrator can manage the features and services available in the Application:

• view, create, and publish/unpublish News items;
• view, add, edit, and remove services;
• view, add, edit, and delete user guides;
• view and manage incidents reported by Users;
• view and manage space reservation requests;
• view, add, and edit bookable spaces.

 

• Configuration

 

The Administrator can view, add, and edit a Site, the buildings within the Site, the occupying Companies, and the Service Providers.

 

The Administrator can configure Site and/or Occupant Company Data (floor plan, safety instructions, contacts, documents, etc.). The Administrator can access the Solution's directory. 

 

• Organization

 

The Administrator can view and manage the list of Users. User management can be performed automatically by interfacing with the Customer's dynamic directory (such as Azure Directory).

 

The Administrator can assign Users to a group or subgroup of Rights.

 

 

8. Intellectual property – Parasitism – Protection of the Solution and databases

 

• Intellectual property

 

All intellectual property rights (such as copyrights, related rights, trademark rights, database producer rights) relating to both the structure and content of the Solution, including images, sounds, videos, photographs, logos, trademarks, graphic, textual, and visual elements, tools, software, documents, data, etc. (hereinafter referred to collectively as "Elements") are protected by applicable intellectual and/or industrial property laws and other private rights, including the sui generis right of the database producer.

 

Users are prohibited from copying, modifying, creating derivative works, reverse engineering or disassembling, or otherwise attempting to discover the source code, selling, assigning, sublicensing, or transferring in any way any rights relating to the Elements.

 

All Users of the Solution agree not to:

 

• Use or query the Solution on behalf of or for the benefit of others;

 

• Extract, for commercial or non-commercial purposes, all or part of the Data present on the Solution;

 

• Integrate all or part of the Solution's content into a third-party site/application, for commercial or non-commercial purposes;

 

• Reproduce on any other medium, for commercial or non-commercial purposes, all or part of the Data present on the Solution, enabling the reconstruction of all or part of the original files;

 

• Use a robot, spider, search application, or any other means to retrieve or index all or part of the Solution's content, except with the express prior authorization of Smartnance.

 

Any reproduction, representation, distribution, or redistribution, in whole or in part, of the content of the Solution on any medium or by any means for purposes other than those provided for herein may constitute an infringement, an act of unfair competition or parasitism, or infringe on the image rights of third parties and may be subject to civil and criminal prosecution by the persons or rights holders concerned.

 

• Hyperlinks

 

The Solution may contain hypertext links redirecting to content from third parties or to websites operated by third parties (Service Providers in particular). These links are provided for information purposes only. Neither the Customer nor Smartnance is responsible for the quality or accuracy of such content or websites. The User waives all recourse or action against Smartnance and the Customer for any damages that may result from the use of these sites or the services they offer. The decision to activate these links is the sole responsibility of the User.

 

No hypertext link may be created to the Solution without the prior express consent of Smartnance. If an Internet user or legal entity wishes to create a hyperlink to the Solution from their website, regardless of the medium, they must first contact Smartnance by sending an email to the following address : support@smartnance.fr. Any silence on the part of Smartnance shall be interpreted as a refusal.

 

• News Content

 

The content of News items is the responsibility of the Users who published them on the Solution. By publishing News on the Solution, the User grants Smartnance and the Customer the non-exclusive, transferable, sublicensable, royalty-free, worldwide right to use (i) all News content, including photographs, text, videos, illustrations, trademarks, logos, and titles (hereinafter the "Content"), as and when they are published on the Solution, as well as (ii) a license to all intellectual property rights relating to the Content, including copyrights on the elements used in their News item, such as photographs, texts, videos, drawings, illustrations, and sound elements, for the entire legal duration of their intellectual property rights and worldwide.

 

The rights thus granted include the right to reproduce, represent, distribute, adapt, modify, create derivative works, and translate all or part of the Content by any means, in any form, and on any media (digital, printed, etc.) known or unknown to date, within the framework of the Solution's services, for commercial or non-commercial purposes, including advertising, as well as for distribution on social networks on which Smartnance is or will be present, including Smartnance's Twitter and LinkedIn pages.

 

In particular, photographs from the News section may be reproduced and incorporated into advertising formats displayed on the Solution, solely in connection with the published News item.

 

Users who publish News on the Solution consent to the reuse of their News and Content on social media, in particular Twitter and LinkedIn. Consequently, Users certify that they have read the general terms and conditions of use of the Twitter and LinkedIn websites and accept their terms, particularly with regard to the reuse of Content and personal data.

 

 

9. Protection of personal data – technical data

 

• Protection of personal data

 

The Client (data controller) and Smartnance (processor) undertake to comply with Law No. 78-17 of January 6, 1978 on information technology, files, and civil liberties (known as the "Data Protection Act") in its latest version in force and the General Data Protection Regulation (EU) 2016/679 (the "Applicable Data Protection Regulations") when processing Users' personal data, for the sole purpose of providing the services offered by the Solution.

 

Smartnance shall refrain from using, exploiting, or disclosing to any unauthorized third party, whether free of charge or for a fee, any User data for purposes other than responding to User requests in connection with the services offered by the Solution (including Provider Services), all in accordance with the instructions received from the Client.

 

What personal data is collected?

 

User: first name, last name, email address, password, associated site(s) and building(s), floor, work area and space, occupying company or associated service provider, job title, photo, and all documents related to the profile. In addition, depending on the type of building, the office, department, door, school, studies, degree, or even interests may be collected. Finally, the billing address may be collected as soon as a payment-related module is activated.

 

For what purposes is this data used?

 

The personal data collected may be used for the purposes of managing operations carried out on the Solution, in particular for:

 

• management/validation of News items;
• publishing and monitoring news items;
• management/validation of services (including Service Providers);
• management/validation of space reservation requests;
• sending response forms;
• sending information about the Solution;
• sending commercial proposals following a request from the User;
• sending out satisfaction surveys;
• the compilation of anonymized statistics that will be provided to Administrators by Smartnance.

 

Who are the recipients of User data?

 

The recipients of Users' personal data are authorized members of the Client and Smartnance, as well as occupying Companies (only for data relating to users connected to the occupying Company) and Service Providers (only for data relating to users wishing to use a Service Provider's Service). Smartnance does not share Users' data with unauthorized third parties.

 

The Customer and/or Smartnance may disclose Users' personal data in response to requests made by courts or tribunals, government agencies or law enforcement agencies, or when necessary or prudent to comply with applicable laws, court orders or decisions, or government regulations, and at the request of a judicial or administrative authority.

 

What security measures are in place?

 

Smartnance and the Customer have implemented reasonable security procedures and policies to protect personal data against misuse, loss, alteration, or unauthorized destruction. Despite all efforts made by Smartnance and the Customer, absolute protection against all threats cannot be guaranteed. We strive to ensure that access to Users' personal data is limited to those persons who need to know it. Persons with access to the data are required to treat it as confidential.

We ensure that we only retain personal data for the duration of their Account activation and for up to three (3) months after its deletion by an Employee, Administrator, or Smartnance, or for up to three (3) months after these individuals have requested the deletion of their data.

 

The server used by Smartnance is hosted by AWS, located in Paris. These services provide multiple levels of replication and security to ensure maximum availability and a high level of data protection.

 

This includes:

 

• Redundant servers for the API and web interface;
• Secure protocols (SSL/TLS) through the API, the web interface, and all communication with third-party systems;
• All passwords are encrypted on servers and databases;
• The operating systems used on the servers are regularly updated with the latest security updates;
• External monitoring of the service is implemented using dedicated tools.

 

Access to source code and personal data is restricted to our employees or partners who need it in order to operate, develop, or monitor our service. These individuals are contractually bound to respect the confidentiality of this data and are subject to disciplinary action if this confidentiality is breached.

 

How to exercise your rights?

 

In accordance with applicable regulations on personal data protection, Users have the right at any time to object to, access, rectify, transfer, delete, and oppose the processing of data concerning them.

 

The User may exercise these rights by contacting the Customer's "privacy" contact point or by sending an email to the following address: support@smartnance.fr.

 

• Collection and use of personal data

 

Some Service Providers may place cookies on the Solution. Smartnance accepts that certain Service Providers may store cookies, for example to integrate certain features or modules from their own service provider applications into the Solution. Neither Smartnance nor the Customer is responsible for cookies stored by these Service Providers or for the use of data collected by them. For more information about cookies and the management of personal data collected by Service Providers, please refer to the cookie policy of the Service Providers listed below. Please note that these service providers comply with the European General Data Protection Regulation.

 

The Service Providers' Services are offered independently by the Service Providers, under their sole and exclusive responsibility. Consequently, Smartnance cannot be held liable for the content of the Service Providers' Services accessible on the Solution, nor for any offers, information consulted, or transactions carried out on these Service Providers' Services; the Service Providers are solely bound by a contractual relationship with the User or Customer.

 

Consequently, any User accessing the Service Providers' Services via the Solution will be subject exclusively to the specific terms and conditions of use and/or sale of said Services offered by the Service Providers. Smartnance shall not provide any services or guarantees with regard to the Provider Services used by Users and/or the aforementioned advertising elements. Consequently, Smartnance declines all responsibility in the event that the Provider Services, content, and advertising provided by third parties contravene the legal and regulatory provisions in force.

 

However, Smartnance will make every effort to forward any questions or complaints from Users relating to these services to the Service Providers and/or third parties concerned as soon as possible. In order for Smartnance to identify the subject of their request and the Service Provider concerned, Users shall take care to include precise information with their request.

 

• List of Service Providers

 

The list of service providers below is not exhaustive and may be updated regularly.

 

• Service provider 1

 

 

• Processing and use of technical data by Smartnance

 

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

 

This information may be stored on the hard drive of the User's terminal, via their browser software when consulting an online service, subject to their choices, in a dedicated space on the disk. Smartnance processes this technical data in a completely anonymous manner, does not link it to any information that could identify the User, and does not transmit it to third parties.

 

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

 

Functional cookies enable, among other things:

 

• to adapt the presentation of the Solution to the display preferences of the User's terminal (language used, display resolution, operating system used, etc.), depending on the hardware and software used for viewing or reading on the User's terminal;

 

• improve your user experience by pre-filling certain fields in our forms;

Statistical (or analytical) cookies enable us to better understand the Solution and improve our services by compiling statistics and traffic and usage volumes (sections and content visited, paths taken, etc.). To this end, Google Analytics and Firebase provide data via third-party cookies. You can find Google Analytics' policy on the collection, management, and processing of data collected at the following link: https://marketingplatform.google.com/about/analytics/terms/fr/.

 

Under no circumstances shall Smartnance be held liable for any malfunctions related to Google Analytics or Firebase. Furthermore, all Users of the Solution undertake not to extract, for commercial or non-commercial purposes, all or part of the statistics available on the Solution.

 

Cookies issued by third parties: when the User visits the Solution, certain cookies are not recorded by Smartnance, but by third-party partners for the purpose of analyzing the behavior of the Solution and the use made by the User.

 

It is important to note that any settings that the User may make may affect their Internet browsing and their access to certain services that require the use of cookies.

 

If the User refuses to accept cookies on their device, or if they delete those that are stored there, they will no longer be able to benefit from a number of features that may be necessary to navigate certain areas of the Solution.

 

 

10. Disclaimer and warranty exclusion by Smartnance

 

• User Responsibility

 

The User guarantees that they hold all rights (in particular intellectual property rights) or have obtained all necessary authorizations for the publication of News and, more generally, for the content they publish in the Solution.

 

The User guarantees that the News and, more generally, the content that they publish on the Solution does not violate any applicable regulations (in particular those relating to advertising, competition, sales promotion, use of the French language, use of personal data, prohibition on the marketing of certain goods or services), or any third-party rights (in particular intellectual property rights and personality rights), and that it does not contain any defamatory or harmful messages with regard to third parties.

 

Thus, the User undertakes in particular that the News and, more generally, the content that he/she publishes on the Solution does not contain:

 

• No inaccurate, false, misleading, or deceptive information that could mislead Users;

 

• No defamatory, slanderous, libelous, or damaging statements that could harm the interests and/or image of the Customer, Smartnance, or any third party;

 

• No content that infringes on the intellectual property rights of third parties, is obscene, pedophilic, discriminatory, or incites violence/racial, religious, or ethnic hatred;

 

• The Contributor agrees to use the services offered for non-professional or non-commercial purposes. All advertising and sponsorship messages are prohibited.

 

For his part, the Administrator:

 

• Declares on his honor the accuracy and sincerity of the News and, more generally, of the content he publishes on the Solution;

 

• Declares that its activities are carried out in accordance with the laws and regulations pertaining to its profession and expressly undertakes to comply with all applicable laws and regulations.

 

The Administrator acknowledges and accepts that, for technical reasons, the posting of News may be delayed and may not be instantaneous upon validation.

 

The Administrator declares that they are aware of the scope of distribution of the Solution, that they have taken all precautions to comply with the legislation in force at the places of receipt, and that they release Smartnance from any liability in this regard.

 

In this context, the Administrator declares and acknowledges that he/she is solely responsible for the content of the News that he/she publishes and makes available to Users, as well as for any document or information that he/she transmits to Users.

 

Consequently, the Administrator releases Smartnance, its subcontractors, and suppliers from all liability, indemnifies them against any recourse or action in connection with the News that may be brought against them by any third party, and will bear all damages, costs, and expenses to which they may be sentenced or which may be provided for against them by a settlement agreement signed by them with such third party, notwithstanding any damages that Smartnance, its subcontractors, and suppliers may claim as a result of the Administrator's harmful acts.

 

By posting any News item, each Administrator acknowledges and accepts that Smartnance (and, where applicable, the Client) may delete or refuse, at any time, without compensation or entitlement to reimbursement of sums incurred by the Administrator, any News item that contravenes French law, the rules of distribution set out in the Terms of Use, and/or is likely to infringe the rights of third parties.

 

If a News item is rejected by Smartnance (and, where applicable, the Client) before it is posted online, the Administrator will be notified by email sent to the address specified in the Account.

 

The User also agrees that their Contributor Account and/or Administrator Account shall not contain:

 

• No false and/or misleading information;

 

• No information that infringes on the rights of third parties.

 

In this context, the Account holder declares and acknowledges that he/she is solely responsible for the information provided when creating his/her Account.

 

By creating an Account, each account holder acknowledges and agrees that Smartnance may delete, at any time, without compensation or entitlement to reimbursement of sums incurred by the User, any account that contravenes French law and/or the distribution rules set by Smartnance and set out in particular in the Terms of Use.

 

• Responsibility and obligations of Smartnance

 

As a hosting provider, Smartnance is subject to a limited liability regime as provided for in Articles 6.I.2. et seq. of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy.

 

Smartnance cannot therefore be held liable under any circumstances for the content of News items and, more generally, for content published by Users, and gives no guarantee, express or implied, in this regard.

 

Smartnance is a third party to the correspondence and relations between Users and therefore excludes any liability in this regard.

 

• Limitation of Liability

 

Smartnance and the Customer shall endeavor to keep the Solution available and in good working order at all times, and to allow continuous access to the Solution and the Service Providers. However, Smartnance and the Customer cannot guarantee the permanent accessibility and proper functioning of the Solution and its Service Providers. Smartnance nevertheless undertakes to make every reasonable effort to limit any such unavailability or malfunction.

 

Neither Smartnance nor the Customer shall be held liable if Users are unable to access all or part of the Solution and/or Provider Services due to any technical fault or problem, including but not limited to: internet network congestion, internet service provider failure, human or electrical error, malicious interference, software or hardware malfunctions, and/or force majeure.

 

Smartnance and the Customer shall not be liable in the event of:

 

• Interruptions, failures, modifications, and malfunctions of the Solution regardless of the communication medium used and regardless of their origin and source;

 

• Loss of data or information stored by Smartnance. It is the responsibility of Users to take all necessary precautions to preserve the News and content they publish on the Solution;

 

• Temporary inability to access the Solution due to technical issues, regardless of their origin or source;

 

• Direct or indirect damage caused to the User, regardless of its nature, resulting from the content of the News and/or access to, management, use, operation, malfunction, and/or interruption of the Solution;

 

• Abnormal use or unlawful exploitation of the Solution by any User;
• Attack or hacking, deprivation, deletion, or prohibition, whether temporary or permanent, and for any reason whatsoever, of access to the internet;

 

Smartnance and the Customer shall only be liable for direct damages suffered by the User resulting from a breach of their contractual obligations as defined herein. The User therefore waives the right to claim compensation from Smartnance and the Customer on any grounds whatsoever for indirect damages, including any loss of earnings, loss of opportunity, commercial or financial loss, increase in overheads or losses arising from or resulting from the performance of this Agreement.

 

All Users are solely responsible for any damage caused to third parties and the consequences of any claims or actions that may arise therefrom. The User also waives the right to take any action against Smartnance and the Client in the event of legal proceedings brought against them by a third party as a result of the unlawful use and/or exploitation of the Solution, in the event of a User losing their password, or in the event of identity theft.

 

 

11. Moderation of Information/News

 

Smartnance or the Customer reserve the right to delete, without notice, compensation, or right to reimbursement, any News item that does not comply with the Solution's distribution rules and/or that may infringe on the rights of a third party.

 

12. Abusive content

 

Pursuant to Article 6 of the French Law on Confidence in the Collaborative Economy (LCEN), Smartnance reserves the right to immediately remove any content published by a User on the Solution that it deems non-compliant or illegal. Furthermore, the publication of such content deemed to be non-compliant may result in the temporary or permanent suspension, blocking, or deletion of the Account of the User in question.

 

It is the responsibility of all Users to comply with French law, in particular, but not exclusively, with regard to regulations relating to intellectual property rights and defamatory and abusive comments, as defined by Article 29 of the Law of July 29, 1881, and all subsequent amendments thereto.

 

Abusive content includes, but is not limited to, the following cases:

 

• Content that constitutes defamation, violence, physical or moral threats, insulting, racist, or sexist remarks, judgments about culture, values, religion, or sexual orientation, content that undermines public order or morality, or content that condones crimes of any kind;

 

• Commercial, promotional, or advertising content;

 

• Publication of any private conversation between members;

 

• Content that is harmful to Smartnance and its teams, clients, service providers, suppliers, shareholders, and their reputation.

 

Users can report abusive content by sending us a message at support@smartnance.fr.

 

13. Modification of the Terms of Use

 

Smartnance upgrades the features and functionalities of the Solution, the Application, and the Service Providers to ensure their operation and quality.

 

Smartnance may unilaterally make changes to the Terms of Use, in particular to comply with any changes in the functionality of the Solution or the Services provided as part of the Solution, or with legal, jurisprudential, editorial, and/or technical developments.

 

In the event of changes to the Terms of Use, Smartnance will send Users a notification before they come into effect. Users may object to the new version of the Terms of Use within 30 days of receiving the notification. At the end of this period, the changes will be deemed to have been accepted. Refusal of the changes by the User terminates the contract between that User and Smartnance, meaning that they must immediately stop using the Solution and the Application.

 

14. Miscellaneous provisions

 

If any part of the Terms of Use should prove to be illegal, invalid, or unenforceable for any reason, the provisions in question shall be deemed unwritten, without affecting the validity of the other provisions, which shall continue to apply between Users and Smartnance.

 

These Terms of Use are subject to French law.

 

Any dispute and/or difficulty in interpreting or executing these general terms and conditions shall be referred to the competent courts of Paris.