Terms and conditions of use of the services
TERMS AND CONDITIONS OF USE
FIXEE platform published by UBIKIO SAS
Applicable as from 1 September 2026
Who are we?
The FIXEE platform (hereinafter the “Platform”), a customer service and technical support solution, is published by UBIKIO SAS, a French simplified joint-stock company with a share capital of EUR 40,500, represented by its President, Burko Cap EURL (hereinafter “UBIKIO”, “we” or “us”).
Our registered office is located at 33 rue de Janicu, 69530 Brignais, France, and we are registered with the Lyon Trade and Companies Register under number 978 529 485. You can contact us at any time at [email protected].
The Platform is hosted by Amazon Web Services EMEA SARL, whose registered office is located at 38 avenue John F. Kennedy, L-1855 Luxembourg, on servers located in France.
What is the purpose of the terms and conditions of use?
These terms and conditions of use (hereinafter the “GTU”) set out the rules you must comply with when using the Platform, in whatever capacity you access it.
They apply to any natural person using the Platform, namely:
- “Users”, i.e. persons authorised by a business customer of UBIKIO (hereinafter the “Customer”) to use the Platform within its Team, whether employees of the Customer or third parties authorised by it, such as distributors, subcontractors or partners;
- “Requesters”, i.e. persons who address a request to the Customer through the Platform and who access, where applicable, the Requester Area.
The commercial and financial conditions of the provision of the Platform to the Customer are governed by the terms and conditions of sale (hereinafter the “GTCS”) and the contractual documents they refer to. In the event of a conflict, the GTCS prevail over the GTU in the relationship between UBIKIO and the Customer. Capitalised terms used and not defined in the GTU have the meaning given to them in the GTCS.
Any use of the Platform entails unreserved acceptance of the GTU. You confirm that you have read them prior to any use.
What are the conditions for holding an account?
To create an account on the Platform, you must be a natural person of legal age, with full legal capacity.
Your account is strictly personal. You undertake to provide accurate, complete and up-to-date identification data and to inform us of any change. You are responsible for the confidentiality of your credentials and for restricting access to your devices. If you have any doubt as to the confidentiality of your access, you must change your password and contact our support without delay. To the extent permitted by law, you are responsible for any activity carried out from your account.
We recommend using a complex password, made up of digits, lower-case and upper-case letters and punctuation marks, and renewing it regularly from your account settings.
Users’ accounts are attached to the Customer’s Team under its Subscription. The Customer, through its administrators, determines the persons authorised to join its Team and their access rights, and may withdraw access at any time. If you are invited into a Customer’s Team as an authorised third party, your access is limited to the elements that the Customer has chosen to share with you.
What are our commitments?
We do our utmost to provide you with a quality service, accessible at all times.
UBIKIO is bound by an obligation of means as regards the hosting of the Platform and the management of the data generated, entered and shared between the Customer and its contacts, in accordance with prevailing professional standards and best practices, on its own servers or through a professional hosting provider operating at the state of the art.
UBIKIO uses all its efforts to maintain the availability, continuity and quality of the Platform. It cannot be held liable for slowness or malfunctions attributable to the networks, infrastructure, equipment or configurations of the Customer or of the User, nor for hacking, errors or viruses affecting your devices, nor for actions or omissions of a system administrator of the Customer.
Access to the Platform may occasionally be suspended or limited to allow repairs, maintenance operations or the addition of new features. We endeavour to limit their frequency and duration.
In all cases, our liability may only be incurred in the event of proven fault and applies only to direct and foreseeable damage, to the exclusion of any indirect damage. Indirect damage includes, in particular, loss of data, time, profits, revenue, margins, orders, customers, business or income, damage to image, expected results, any commercial disturbance and any third-party action against you. In the relationship between UBIKIO and the Customer, the liability cap provided for in the GTCS applies.
Any event of force majeure within the meaning of Article 1218 of the French Civil Code immediately and as of right suspends the performance of the Platform. If the impediment continues beyond two months, we reserve the right to suspend or terminate the service without notice or compensation. Force majeure includes, in particular, events beyond our control which could not reasonably have been foreseen when the Platform was made available and whose effects cannot be avoided by appropriate measures, such as war, riot, fire, internal or external strikes, lock-outs, occupation of premises, severe weather, earthquake, flood, water damage, legal or regulatory restrictions or changes, accidents of any kind, epidemics, pandemics, illness affecting more than 10% of our staff over two consecutive months, failure of energy supply, partial or total shutdown of the internet or of public or private telecommunications networks, failure of our hosting providers or of the third-party services on which the Platform’s communication channels rely, road blockages and supply impossibilities.
What are your obligations?
General rules
You undertake to use the Platform in accordance with its intended purpose, applicable laws and regulations and the GTU. You warrant that you will not use the Platform for unlawful or immoral purposes or purposes contrary to its intended use.
You acknowledge that you have only a personal right to use your account. You shall not, directly or indirectly:
- arrange, modify, decompile, disassemble, reverse-engineer, translate, adapt, reproduce, index, copy, extract, distribute, disseminate or transfer any element of the Platform, by any means whatsoever, without our prior express authorisation; re-posting, scraping, automated use and high-volume use of the Platform are expressly prohibited;
- use the Platform in a manner infringing intellectual and industrial property rights, privacy rights, image rights or any other rights of others;
- create, use, share or publish any content which is, in our judgement, aggressive, threatening, malicious, defamatory, misleading, pornographic, paedophilic, obscene, vulgar, racist, xenophobic, inciting hatred, sexually explicit, violent, contrary to morality or otherwise objectionable;
- enter into free-text fields, share or publish any information that is not relevant to the use of the Platform, in particular personal data not necessary for the handling of a request or special categories of data within the meaning of Article 9 of the GDPR;
- carry out activities aimed at accessing elements or features of the Platform without our prior express authorisation;
- modify, distort, block, abnormally burden, disrupt, slow down or hinder the operation of all or part of the Platform, its accessibility to other users or the operation of partner networks, or attempt to do so;
- transmit or propagate any virus, trojan horse, worm, logic bomb, corrupted file, similar destructive device or corrupted data, or participate in any way in an attack against our servers, the Platform or the servers and services of our providers and partners;
- harass other users of the Platform, engage in pyramid schemes or similar operations, or send unsolicited emails, spam or any unsolicited advertising or promotional material, for commercial purposes or otherwise;
- use another user’s account, impersonate another person or claim a false capacity;
- collect or intercept, by any means not expressly authorised, data exchanged by other users or their credentials;
- attempt to obtain a password, account information or other private information from any other user, or sell, rent, share, lend or transfer to any third party your account or the means of accessing it;
- access, use, download, reproduce or provide to anyone any directory of the Platform’s users or any information relating to users or to the use of the Platform;
- use the video assistance feature for purposes other than those of the service offered by the Platform, or disclose personal data arising from exchanges carried out through it.
Use of the AI assistants
The Askia Client and Askia Hotliner assistants are intended for the Customer’s technical support and customer service activity. You shall not:
- use Askia Hotliner as a general-purpose assistant for purposes unrelated to that activity;
- query the assistants in an automated or programmatic manner or through any script, robot or similar device, outside the integration features provided by UBIKIO;
- extract generated content on a massive scale;
- circumvent or attempt to circumvent the consumption measurement mechanisms;
- attempt to cause the assistants to produce content contrary to the GTU or to divert their instructions.
Document imports and automation
Your Team’s Knowledge Base is fed by importing documents into the Platform. These imports mobilise processing, vectorisation and indexing resources. You shall not:
- carry out massive, repeated or looped imports, deletions or re-imports, whether manual or automated;
- synchronise a third-party system (for example a SharePoint space, a shared drive or an electronic document management system) with the Platform on a continuous or scheduled basis, outside the connectors and integrations provided or expressly authorised by UBIKIO;
- access or operate the Platform by means of third-party artificial intelligence agents, scripts, robots or automation, outside the APIs, connectors and integrations provided or expressly authorised by UBIKIO;
- use any process the purpose or effect of which is to generate excessive or artificial consumption of the Platform’s processing, vectorisation or indexing resources, or to circumvent the storage and import caps attached to your Team’s Offer.
Use of the communication channels
The communication channels integrated into the Platform (email, SMS, WhatsApp, web chat) are intended for exchanges relating to technical support and customer service. You shall not use them for messages unrelated to a support request, in particular campaigns, prospecting, promotional communications or mass notifications, for exchanges unrelated to the purpose of the Platform, or to generate messages or conversations artificially. You shall comply with the terms of use and policies specific to each channel, in particular those of Meta Platforms for WhatsApp.
If you become aware of malicious behaviour or behaviour contrary to the GTU, you can contact us at [email protected].
How does AI-generated content work?
Askia Client, Askia Hotliner and the automatic generation features of the Platform rely on probabilistic artificial intelligence models. The content they produce may contain inaccuracies, omissions or approximations. It constitutes an aid to the handling of requests and does not dispense with human verification before any use liable to affect the safety of persons or property or to bind the Customer contractually towards a Requester.
The assistants’ responses are produced from the knowledge base constituted and configured by the Customer, which is responsible for its accuracy and updating, as well as for the setting of the rules for escalation to a human operator.
In accordance with Regulation (EU) 2024/1689 on artificial intelligence, the Platform informs Requesters that they are interacting with an artificial intelligence system when they exchange with Askia Client. You shall not deactivate, mask or alter this information, nor present content generated by an assistant as emanating from a natural person where that is not the case.
You may at any time ask, in the course of an exchange with Askia Client, to be put in contact with a human operator, in accordance with the escalation rules defined by the Customer.
Can your account be suspended or deactivated?
We may limit, restrict, suspend or permanently terminate all or part of your account, at any time, without notice or prior formality, in the event of a breach of your obligations under the GTU, at the express request of an administrative or judicial authority, or in the event of an actual or alleged infringement of any right, without this measure being capable of being regarded as a breach of our obligations. Your IP address may be used to identify you for the purposes of compliance with the GTU.
The Customer may also, through its administrators, withdraw a User’s access to its Team at any time.
Any closure of your account entails the permanent deletion of the information provided when it was opened or updated and of the elements personally attached to you, under the conditions set out in the data protection agreement in Annex 1. Tickets, Reports and content attached to a Customer’s Team remain accessible to that Customer under its Subscription. We recommend that you save the elements you wish to keep before any closure. We reserve the right to keep these elements on our servers for a reasonable period.
The closure of an account, on your initiative or on ours for breach of the GTU, does not give rise to any refund of the sums paid by the Customer under the GTCS. You may not open a new account, with the same or a different address or through an intermediary, without our prior written authorisation, requested at [email protected].
What are the “Alpha” and “Beta” versions?
We regularly update the Platform. Certain features are offered for trial in intermediate development versions, identified as “Alpha” or “Beta”, in order to validate their fit with Customers’ expectations and to gather feedback. The Alpha version aims to validate a proof of concept and corresponds to an unfinished but usable feature. The Beta version is a pilot version aimed at testing a feature nearing completion on a significant scale.
These versions may be made available to a limited number of Users (“Beta testers”) in return for comments, suggestions and feedback on their operation and user-friendliness, sent to UBIKIO by any means. Beta testers undertake to report any malfunction observed.
We reserve the right to limit, suspend or change these features at any time and without notice. We guarantee neither their availability nor the safeguarding of the data generated or transmitted through them, and our liability cannot be incurred in the event of loss or alteration of such data.
What is the Requester Area?
We make available to Requesters an interface, the Requester Area, enabling them to follow their pending Tickets and to consult the history of the Tickets handled with the Customer. Use of the Requester Area is free of charge for Requesters.
The Requester Area is shared across all Customers using the Platform: a single Requester account gives access to the history of the Tickets handled with each of the Customers to which the Requester has addressed a request. Each Customer has access only to the Tickets addressed to it.
To access the Requester Area, the Requester creates an account and accepts the GTU. The data communicated by the Requester in the context of a request is processed by UBIKIO on behalf of the Customer concerned, under the conditions of the data protection agreement in Annex 1; the Requester is invited to consult the Customer’s privacy policy for any information on the processing for which the Customer is responsible.
What rules apply to intellectual property?
UBIKIO is and remains the exclusive owner of all intellectual property rights in the Platform, its software, interfaces, databases and graphic charter and in the FIXEE and UBIKIO trademarks. Access to these elements in the course of your use does not entail any licence or right of use other than those strictly necessary for that use.
Any use of these elements not expressly authorised, in whole or in part, may constitute an infringement punishable under Articles L335-2 et seq. and L713-2 et seq. of the French Intellectual Property Code. The Platform may also mention logos, trademarks or distinctive signs belonging to third parties, any unauthorised use of which constitutes infringement.
We claim no rights over the elements belonging to you or to the Customer (graphic charter, logo, imported documents, know-how, data, knowledge bases, creations and, in general, any content deposited on the Platform in the context of the service). The authorisation given to UBIKIO to use its Customers’ logos and trade names for reference purposes is governed by the GTCS.
How do we use your personal data?
UBIKIO and the Customer undertake to comply with the applicable regulations on the protection of personal data, in particular French Law No. 78-17 of 6 January 1978, as amended, and Regulation (EU) 2016/679 of 27 April 2016 (“GDPR”).
For the processing carried out through the Platform in the context of the Customer’s activity, the Customer is the controller and UBIKIO acts as processor within the meaning of Article 28 of the GDPR. The applicable obligations are set out in the data protection agreement in Annex 1. In the event of a proven error in the qualification of the parties, they shall confer in order to amend this clause and take any appropriate measure.
UBIKIO also processes, as controller, the data necessary for the management of its relationship with the Customer and for the administration of the Platform (for example, Users’ identification and connection data). This processing is described in UBIKIO’s Privacy Policy, accessible at any time on https://fixee.ai. The Customer undertakes to inform its Users of this Privacy Policy.
If you are a Requester, you are invited to consult the privacy policy of the Customer to which you address your request.
Which language applies?
The Platform may be translated into various languages. French remains the reference language of our company and of our business. The French version of the GTU prevails over any translation, in particular in the event of difficulty of interpretation, dispute or litigation.
What rules apply to hyperlinks?
The Platform may contain hyperlinks to third-party websites. We are neither responsible for nor bound by the offers, content, products, services or any other element accessible through these links. We would be grateful if you would report any link on the Platform leading to content contrary to law or morality.
Confidentiality
The information, documents, data and elements that you communicate to us through the Platform are presumed confidential, in particular those relating to your know-how, methods and experience, whatever their form or medium.
Evidence agreement
We archive communications, files, contracts, orders and invoices on a reliable and durable medium so as to constitute a faithful copy. These elements, as well as the connection data and consumption indicators recorded by the Platform, may be produced as evidence and are authoritative, unless proven otherwise.
Severability and waiver
The nullity of any clause of the GTU does not entail the nullity of the other clauses, which continue to produce their effects. The fact of not availing oneself, temporarily or permanently, of any clause of the GTU does not constitute a waiver of the right to avail oneself thereof.
Which law applies?
The GTU are governed by French law. Any dispute relating to their interpretation or performance shall, failing amicable resolution, be brought before the competent French courts. Where the user acts in a professional capacity, the Lyon Commercial Court (Tribunal de commerce de Lyon) has exclusive jurisdiction, notwithstanding multiple defendants or third-party proceedings.
Can the GTU be amended?
We may amend the GTU at any time. The version in force is the version published on the Platform and on https://fixee.ai on the date of your use. Any substantial amendment is brought to your attention by any appropriate means. We advise you to consult the GTU regularly.
Annex 1: Data protection agreement
1. Introduction
The data protection agreement (hereinafter the “Agreement”) governs the processing of the personal data of the customers (hereinafter the “Customer”) of UBIKIO SAS (hereinafter the “Processor”) in the context of the use of the FIXEE platform, whether branded or white-label (hereinafter the “Service”).
2. Definitions
All terms relating to the applicable personal data protection regulations used in the Agreement are defined in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the “GDPR”).
3. Role of the Parties
Under the Agreement, the Customer acts as controller and the Processor acts as processor within the meaning of Article 28 of the GDPR (hereinafter, together, the “Parties”).
4. Contractual documents and duration
The Agreement, an indivisible annex to the GTU and to the contract entered into between the Customer and the Processor for the use of the Service (hereinafter the “Contract”), applies throughout the duration of the contractual relationship between the Parties.
In the event of a conflict between the Contract and the Agreement, the obligations set out in the Agreement prevail as regards the applicable data protection rules.
5. Declarations and undertakings
The Processor declares that it complies with all applicable rules on the protection of personal data and that it provides sufficient guarantees to meet the requirements of the GDPR in the context of the provision of the Service.
The Processor declares that all internal or external personnel required to process the Customer’s personal data are bound by a confidentiality clause, an information systems charter or any other binding legal instrument, and regularly receive training and awareness-raising.
The Processor declares that the Service has been designed in compliance with the principles of data protection by design and by default, and that it is accompanied by the features enabling the Customer to comply with its obligations as controller.
6. Documented instructions
The Processor undertakes to process the Customer’s personal data only on the Customer’s documented instructions, in the context of the use of the Service. The list of processing operations carried out is detailed in an annex or provided at the Customer’s request.
7. Security
The Processor undertakes to ensure the security of the Customer’s personal data and to implement all technical and organisational measures necessary for its Service. All such measures are detailed in an annex or provided at the Customer’s request.
8. Personal data breach
The Processor undertakes to notify the Customer, in accordance with the obligations set out in Article 28 of the GDPR and as soon as possible after becoming aware of it, of any personal data breach liable to concern the Customer’s data.
The Processor undertakes to communicate, as soon as possible after becoming aware of it, all necessary information in its possession to reduce the effects of the breach and to enable the Customer to take adequate safeguard and protection measures.
Unless otherwise agreed between the Parties, the Processor is not authorised to notify the breach to the supervisory authority or to inform the data subjects on behalf of the Customer.
9. Help and assistance
The Processor provides the Customer, upon written request, with all necessary information on the technical and organisational security measures implemented, as well as the information necessary for carrying out a data protection impact assessment (“DPIA”).
The Processor notifies the Customer, as soon as possible after becoming aware of it, of any request to exercise rights addressed to the Customer. It provides the Customer, upon written request, with the necessary information and carries out the actions required to enable the Customer to respond to data subjects’ requests.
10. Liability
The Processor is not liable for any use of the Service by the Customer that does not comply with the applicable data protection rules.
The Processor is not required to manage requests to exercise rights in the Customer’s place and on its behalf, nor to ensure or audit the Customer’s security, nor to carry out DPIAs in its place. Any request beyond the communication of information may be refused and, where appropriate, be subject to an additional priced service.
11. Sub-processors
The Customer authorises the Processor to engage sub-processors (hereinafter “Sub-processors”) in the performance of the Agreement, provided that it informs the Customer, by any means, of any change concerning such Sub-processors occurring during the performance of the Contract. The Processor remains liable for the acts of its Sub-processors under the Agreement.
The Processor undertakes to engage only Sub-processors providing the necessary and sufficient guarantees to ensure the security and confidentiality of the Customer’s personal data, to monitor them, and to ensure that the contract entered into with each Sub-processor contains obligations similar to those set out in the Agreement.
The Customer may object by registered letter with acknowledgement of receipt (i) if the Sub-processor is one of its competitors, (ii) if the Customer and the Sub-processor are in a pre-litigation or litigation situation, or (iii) if the Sub-processor has been sanctioned by a data protection supervisory authority within the year of its engagement. The Processor has six months from receipt of the objection to replace the Sub-processor.
12. Fate of personal data
The Processor deletes the Customer’s personal data at the end of the performance of the Contract. The Customer accepts that the Processor may, where technically possible, anonymise such data for statistical purposes.
The Processor certifies to the Customer, upon written request, the effective deletion of its personal data and of all existing copies.
The Customer must retrieve its personal data before the end of the Agreement. Failing this, deletion being irreversible, the Customer can no longer retrieve it and remains solely responsible for its loss.
13. Audits
The Customer has the right to carry out an audit in the form of a written questionnaire once a year to verify compliance with the Agreement. The questionnaire has the force of a sworn undertaking binding the Processor, which undertakes to respond within a maximum of two months of receipt.
The Customer also has the right to carry out an audit at the Processor’s premises, at its own expense, once a year, only in the event of a data breach or of a proven and demonstrated failure to comply with the applicable rules or with the Agreement. Such an audit may be carried out by the Customer or by an independent third party appointed by it, and must be notified in writing to the Processor at least thirty days before it takes place.
The Processor may refuse the chosen independent third party if the latter is (i) a competitor or (ii) in pre-litigation or litigation with it; the Customer shall then appoint another third party. The Processor may refuse access to certain areas for confidentiality or security reasons; in that case, it shall itself carry out the audit of those areas, at its own expense, and communicate the results to the Customer.
In the event of any discrepancy identified, the Processor undertakes to implement without delay the measures necessary to achieve compliance.
14. Transfers of data outside the European Union
The Processor undertakes to do what is necessary not to transfer the Customer’s personal data outside the European Union and not to engage Sub-processors located outside the European Union.
Nevertheless, should such transfers prove necessary in the context of the Service, the Processor undertakes to implement all mechanisms required to govern them, in particular the conclusion of the standard contractual clauses adopted by the European Commission. The transfers carried out and the corresponding safeguards are detailed in an annex.
15. Cooperation with supervisory authorities
For the processing carried out under the Agreement, the Processor undertakes to provide, upon request, all information necessary for the Customer to cooperate with the competent supervisory authority.
16. Contact
The Customer and the Processor shall each designate a contact person for the Agreement, who shall be the recipient of the notifications and communications to be made in this context.
The Processor informs the Customer that it has appointed a Data Protection Officer, who can be contacted at [email protected].
17. Review
The Processor reserves the right to amend the Agreement in the event of changes to the applicable rules on the protection of personal data having the effect of modifying any of its provisions.
18. Governing law and jurisdiction
The Agreement is governed by French law. Any dispute relating to its performance falls within the exclusive jurisdiction of the courts within the jurisdiction of the Lyon Court of Appeal.
Who we are
The FIXEE platform (“Platform”), which offers a customer service solution based on artificial intelligence, is published by UBIKIO SAS with capital of 40500 and represented by Burko Cap EURL. Our head office is located at 33 rue de Janicu and we are registered with the Lyon Trade and Companies Registry under number 978529485. You can contact us at any time at [email protected]. The Platform is hosted by AWS whose head office is located at Tour Carpe Diem, 31 Pl. des Corolles, 92400 Courbevoie.
What is the purpose of general conditions of use?
The trust you place in us every day is our priority. That’s why we do our utmost to ensure that you can maintain this trust on a day-to-day basis, which of course means respecting our General Terms of Use (“GTU”). The T&Cs, which apply to all our services, are intended to set out the rules you must follow when using the Platform. Any use of the Platform implies unreserved acceptance of the T&Cs. You therefore certify that you have read the GTU prior to any use of our Platform and that you have all the information and skills necessary to ensure that the services provided correspond to your needs.
What are the conditions for opening an account?
To create an account on our Platform, you must be a natural person, of legal age, with full legal capacity to enter into commitments under the GCU. Your account is strictly personal. You therefore undertake to provide the identification data required to create the account in a personal, correct, accurate and truthful manner. You must also inform us of any changes to the information required for normal use of the Platform. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your terminal (e.g. tablet, mobile, etc.). If you have any doubts about the vulnerability of your account or the confidentiality of your access, you must change your password and/or contact our support department as soon as possible. Otherwise, and to the extent permitted by applicable law, you are responsible for all activities that occur under your account. We recommend using a complex password (consisting of numbers, upper and lower case letters and punctuation marks) to increase account access security, and changing your password regularly when accessing account settings.
What are our commitments?
We do our utmost to provide you with a quality service, accessible 24/7, offering accurate and precise content, free from any risk of technical failure. Ubikio has a best-efforts obligation to host FIXEE.ai, and to manage the data generated, entered and shared between the Customer and his contacts. This commitment complies with current professional standards and best practices, either on our own servers or via a professional hosting provider operating at the highest level of the state of the art in the profession. Ubikio makes every effort to maintain the availability, continuity and quality of the Services. Ubikio cannot be held responsible for slow access to the Customer’s servers, slow infrastructures between Ubikio’s servers and those of the Customer, or poor transmissions caused by a defect or malfunction of the Customer’s networks. Nevertheless, we cannot be held liable for any damage that may arise from the use of the Platform by users. We cannot be held responsible for any errors, unavailability or interruptions that may occur on our Platform, or in the event that a virus is accessible from our Platform. Nor shall we be liable for any delay or inability on your part to meet your obligations under the TOS if the delay or inability results from any cause beyond our reasonable control. Furthermore, we are not responsible for any hacking, errors or viruses that may be installed on your terminal and affect the service, or for any steps or actions taken or omitted by a system administrator. In addition, your access to the Platform or services may occasionally be suspended or limited to allow for repairs, maintenance, or to add a new feature or service. In all cases, it is expressly agreed that we are subject only to an obligation of means for the provision of the Platform. You further agree that we shall only be liable in the event of fault on our part, it being understood that this liability shall only apply to direct and foreseeable damage, indirect damage being excluded, and that we shall not be liable for commercial losses (including loss of profit, contracts, anticipated savings, data, goodwill or superfluous expenditure), which were not foreseeable when you began to use the Platform. Indirect damages include loss of data, time, profits, sales, margins, orders, customers, operations, revenues, commercial actions, brand image, expected results, third-party actions and, in general, any commercial disturbance whatsoever. Likewise, any action by a third party against you is considered indirect. Furthermore, you are informed that any case of force majeure immediately and automatically suspends performance of the Platform. In the event of force majeure lasting more than two months, we reserve the right to suspend or terminate the service without notice or compensation. In particular, events beyond our control, which could not be reasonably foreseen when the Platform was made available and whose effects cannot be avoided by appropriate measures, and which prevent its use, are considered to be force majeure. In particular, these are those usually retained by the jurisprudence of French courts and tribunals, such as war, riot, fire, internal or external strikes, lock-out, occupation of premises, bad weather, earthquake, flood, water damage, legal or governmental restrictions, legal or regulatory modifications, accidents of all kinds, epidemics, pandemics, illness affecting more than 10% of our company’s staff within a period of two consecutive months, lack of energy supply, partial or total shutdown of the Internet network and, more generally, of private or public telecommunications networks, road blockages and supply impossibilities and any other event beyond our control preventing the normal execution of our Platform.
What are your obligations and duties?
You agree not to arrange, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, disseminate or transfer any information, software, products or, in general, any element of the Platform. Re-posting, scrapping, or automated or high-volume use of the Platform is expressly prohibited. You agree to comply at all times when using our Platform with (i) applicable national and international laws and regulations and (ii) the TOU. YOU WARRANT THAT YOU WILL NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL, IMMORAL OR CONTRARY TO ITS INTENDED USE AND/OR PURPOSE. Furthermore, by using the Platform, you acknowledge that you only have a right of use for your account. In all cases, you agree not to, directly or indirectly:
- use the Platform in such a way as to infringe the intellectual and industrial property rights, privacy rights and/or image rights and/or any other rights of others.
- create, use, share and/or publish by any means any material (text, words, images, sounds, videos, etc.) or content that is, in our sole judgment, aggressive, threatening, malicious, defamatory, misleading, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, hateful, sexually explicit, violent, indecent or in any other way objectionable.
- enter in free fields, share and/or publish by any means any information that is not relevant to the use of the platform (e.g. personal data, sensitive content, etc.).
- carry out activities aimed at accessing elements or functionalities of the services whose use is made without our prior and express authorization.
- arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Platform, by any means without our prior and express authorization.
- modify, distort, block, abnormally burden, disrupt, slow down, and/or hinder the normal operation of all or part of the Platform, or their accessibility to other users, or the operation of partner networks, or attempt to do any of the foregoing.
- transmit or propagate any virus, Trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data, and/or organize, participate or be involved in any way in an attack against our servers and/or the Platform and/or the servers and/or services of our service providers and partners.
- harass other users of the Platform, engage in pyramid selling or similar schemes, or send unsolicited email, spam or any other unsolicited advertising or promotional material, whether for commercial or non-commercial purposes.
- use the account of another user of the Platform, impersonate another person or attribute to you a false capacity in dealings with any person or entity.
- collect or intercept by any means not expressly permitted data exchanged by other users, or the names/pseudonyms and/or passwords of any other user.
- attempt to obtain a password, account information or other private information from any other user of the Platform, and/or sell, rent, share, loan and/or otherwise transfer to any third party your account and/or the means to access it and/or otherwise make any third party benefit from your account.
- access, use, download via the Platform or otherwise reproduce or provide to anyone (whether free of charge or for a fee) any directory of users of the Platform or any other information relating to users or the use of the Platform.
- use the videoconferencing functionality for purposes other than the use of the service offered by the Platform.
- disclose personal data resulting from exchanges made using the videoconferencing functionality available on the Platform.
If you become aware of any behaviour that is malicious or contrary to our TOS or the interests of other users, please contact us at [email protected].
Can your account be suspended or deactivated?
We may limit, restrict, suspend or permanently terminate all or part of your account at any time, without notice or prior notice, in the event of a breach of your duties and obligations under the TOS or at the express request of an administrative or judicial authority, or in the event of an actual or alleged infringement of any right, all without this measure being considered a breach of our obligations. Your IP address may be used to identify you in order to comply with the GCU. Any closure of your account will result in the permanent deletion of the information communicated to us when you opened or updated your account, of all documents and other items stored via the Platform, as well as, where applicable, any document or content that you may have published, uploaded or made available on the Platform. We therefore strongly recommend that you save all documents, information and other items stored on the Platform on your computer or on an external hard drive. Notwithstanding the foregoing, we reserve the right to store the aforementioned documents, information and other items on our servers for a reasonable period of time. In the event of closure of your account at your initiative, no refund, either total or partial, of sums already paid will be made. In the event of closure of your account at our initiative for non-compliance with these GCU, no refund, either total or partial, of sums already paid will be made. Furthermore, you are strictly forbidden to open a new account, with the same or a different e-mail address, or through an intermediary, without our prior written authorization. In this case, please contact us at the following e-mail address to request the creation of a new account: [email protected].
Testing the “Alpha” and “Beta” versions of FIXEE.AI
FIXEE.AI regularly updates its services to offer the best experience to its customers. Certain functionalities are offered for trial in intermediate development versions, in order to validate their suitability with customer expectations and to gather feedback. These features are identified as “Alpha” and “Beta”. “Alpha” is a version designed to validate the proof of concept, which implies an unfinished but usable feature. “Beta” is a pilot version designed to test a feature in the process of completion on a statistically significant scale. Alpha and Beta versions may be made available to a limited number of Users (“Beta testers”) in return for comments, suggestions and feedback on the use of said Alpha or Beta version functionalities, both in terms of operation and user-friendliness. This information may be sent to Ubikio by any written or oral means. In addition, Beta testers undertake to notify Ubikio of any malfunction observed when using the Services. During this period, we reserve the right to limit, suspend or upgrade Alpha and Beta features at any time, without notice. Beta testers acknowledge that Ubiquio does not guarantee the availability of these specifically identified features, nor the safeguarding of data and information that may be generated or transmitted by or through their use. Ubikio cannot be held responsible for the loss or alteration of such data.
Space “Applicant”
We provide end users (our customers’ customers) with an interface to the l’ history of interventions carried out. Use of this interface is free of charge for end users.. To access the Applicant Page, the end user must create an account and accept the present General Terms of Use.
What rules apply to intellectual property?
We are and remain the exclusive owners of all intellectual property rights to the FIXEE and UBIKIO SAS trademarks. The fact that you can access them freely during your use does not imply that we grant you any license or right to use the elements of the Platform. You therefore have no right to use these elements in any way whatsoever, in whole or in part, without our prior written authorization. Any unauthorized use by you may constitute an infringement punishable under articles L335-2 et seq. of the French Intellectual Property Code and articles L713-2 et seq. of the same code. Our Platform may also mention, for various reasons, other logos, trademarks or registered trademarks belonging to us or to third parties and protected by industrial property law. Any use of these elements that is not expressly authorized constitutes counterfeiting. On the other hand, we are never the owners of the property rights on the elements belonging to you covered by intellectual property (e.g. graphic charter, logo, documents imported on the Platform, know-how, data belonging to you deposited on the Platform, creations deposited on the Platform, and, in general, any information or content deposited by Users as part of the service on the Platform). By accepting the present Terms and Conditions, you authorize FIXEE to use your logo for marketing and communication purposes, for the presentation of our services on our various communication media.
How do we use your personal data?
The Parties undertake to comply with the applicable rules on data protection and, in particular, with Law No. 78-17 of January 06, 1978 as amended, known as the “Loi Informatique et Libertés”, as well as Regulation (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, known as the “RGPD”. The Parties agree that UBIKIO SAS qualifies as a processor within the meaning of Article 28 of the RGPD and that the Customer qualifies as a data controller. Under no circumstances may the Parties be considered to be jointly responsible in the context of the service. As such, the Parties agree that the obligations applicable to subcontracting are described in the data protection agreement appended hereto. In the event of a proven error in the qualification of the Parties, the Parties shall meet to amend the present clause and take all measures relating to such a situation to comply with the requirements of the applicable rules. In addition, UBIKIO SAS may need to process Customer data (e.g. employee data) as part of the implementation of the service. For any information in this respect, the Customer may consult the UBIKIO SAS Privacy Policy, which can be accessed at any time on its website www.fixee.ai. The Customer undertakes to inform its users of this Privacy Policy.
Which “standard” language applies?
The platform can be translated into various languages. Nevertheless, French remains the “standard” language of our company and our business. The French language therefore always prevails over other versions of our Platform in the context of our working relationship, particularly in the event of misinterpretation, dispute, litigation, or difficulty in interpreting our services.
What are the rules governing hypertext links?
The Platform may contain hyperlinks to third-party websites. You are informed that we are neither responsible nor liable for any offers, actions, content, products, services or any other items available via these links. In addition, we would be grateful if you would inform us in advance of any hypertext link present on the Platform that would allow access to a third-party site offering content contrary to the law or morality.
Confidentiality
All information, documents, data and elements that you communicate to us are presumed to be confidential. In particular, this applies to all information relating to know-how, methods and experience belonging to you, whether such information, documents or data have been supplied in writing, orally or by any other means, and whatever the form or medium.
Proof agreement
We archive communications, files, contracts, order forms and invoices on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, files, contracts, order forms and invoices may be produced as proof. In the absence of proof to the contrary, the data recorded by our teams constitutes proof of all exchanges between you and us.
Nullity
The nullity of one of the clauses hereof does not entail the nullity of the GCU and the other clauses will continue to produce their effects.
Waiver
Temporary or permanent non-enforcement of one or more clauses of the GCU does not imply waiver of the right to enforce such clause(s).
Which law applies?
We are a French company. Consequently, the use of our Platform is subject to French law and any dispute will be brought exclusively before the competent French courts.
Can the general terms and conditions be modified?
We reserve the right to modify the GCU at any time and without prior notice. We therefore advise you to consult them as regularly as possible.
Appendix 1: Data protection agreement
1.Introduction
UBIKIO SAS, a simplified joint stock company, located at 33 rue de Janicu 69530 Brignais and registered with the Lyon Trade and Companies Registry under number 978529485 (hereinafter the “Subcontractor”). And /CLIENT/, /SOCIETE/, located in /ADRESSE/ and registered in /REGISTRE/ under number /NUMERO/ (hereinafter the “Customer”) Have come together to enter into the Data Protection Agreement (hereinafter the “Agreement”) which is intended to govern the use of the Customer’s personal data by the Subcontractor in connection with the provision of the FIXEE platform on a branded or white-label basis.
2.Definitions
All terms relating to the applicable personal data protection regulations used in the Agreement are defined in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter “GDPR”).
3.Role of the Parties
Under the Agreement, the Customer acts as a personal data controller and the Subcontractor acts as a processor within the meaning of Article 28 of the RGPD (hereinafter, together, the “Parties”).
4.Contractual documents and duration
The Agreement, which is an indivisible appendix to the contract signed between the Customer and the Subcontractor for the use of the Service (hereinafter the “Contract”), is applicable for the duration of the existing contractual relationship between the Parties. In the event of any contradiction between the Contract concluded for the use of the Service and the Agreement, the obligations set forth in the Agreement shall prevail over the Contract with respect to the applicable data protection rules.
5.Declarations and commitments
The Subcontractor declares that it complies with all applicable rules on the protection of personal data and presents all sufficient guarantees to meet the requirements of the RGPD in connection with the provision of the Service. The Subcontractor declares that all internal and external personnel required to process the Customer’s personal data are bound by a confidentiality clause, an information systems charter or any other binding legal document, and receive regular training and awareness-raising. The Subcontractor declares that the Service has been produced in compliance with the rules of “Privacy by design” and “Privacy by default” and therefore that the Service is accompanied by functionalities enabling the Customer to comply with its obligations as data controller.
6.Documented instructions
The Subcontractor undertakes to use the Customer’s personal data in connection with the use of the Service only on the Customer’s documented instructions. The list of treatments carried out is detailed in the appendix or can be supplied on request.
7.Security
The Subcontractor undertakes to guarantee the security of the Customer’s personal data and to implement all the technical and organizational measures necessary for its Service. All technical and organizational security measures are detailed in the appendix hereto, or are provided on request.
8.Violation of personal data
The Subcontractor undertakes to notify the Customer, in accordance with the obligations set out in Article 28 of the GDPR, as soon as possible after becoming aware of any personal data breach that may affect the Customer’s personal data. The Subcontractor undertakes to communicate, as soon as possible after becoming aware of it, all necessary and required information in its possession to reduce the effects of the personal data breach suffered and to enable the Customer to take adequate safeguarding and protection measures. Unless agreed otherwise between the Parties, the Subcontractor is not authorized to take charge of notifications of personal data breaches to the relevant supervisory authority and to inform, on behalf of the Customer, the persons concerned by the processing carried out under the Contract.
9.Help and assistance
The Subcontractor shall provide the Customer, upon written request, with all necessary and required information on the technical and organizational security measures to be implemented to guarantee the security of its personal data. The Subcontractor shall provide the Customer, upon written request, with all information necessary and required to ensure the performance of an impact analysis (“AIPD”). The Subcontractor undertakes to notify the Customer as soon as possible after becoming aware of any request for rights to the Customer. The Subcontractor shall provide the Customer, upon written request, with all necessary and required information to enable the Customer to fulfil its obligation to comply with the requests of the persons concerned. At the Customer’s written request, the Subcontractor shall carry out the actions necessary for the Customer to fulfil its obligation to comply with the requests of the persons concerned.
10.Liability
The Subcontractor is never responsible for any use of the Service by the Customer that does not comply with the applicable rules on the protection of personal data. The Subcontractor is not obliged to manage requests for personal rights in place of and on behalf of the Customer. Any additional request for such management may be refused and, where appropriate, an additional fee may be charged. The Subcontractor is not obliged to ensure or audit the Customer’s security or to carry out IAPDs for and on behalf of the Customer. Any additional request for information may be refused and, where appropriate, an additional fee may be charged.
11.Subsequent subcontractors
The Customer accepts that the Subcontractor may recruit subsequent subcontractors (hereinafter “STU”) as part of the performance of the Agreement provided that it informs the Customer, by any means, of any changes concerning such STU occurring during the performance of the Agreement and remains responsible for the acts of the subsequent Subcontractor as part of the Agreement. The Subcontractor undertakes to recruit only STUs that offer the necessary and sufficient guarantees to ensure the security and confidentiality of the Customer’s personal data. The Subcontractor undertakes to monitor its STUs and to ensure that the contract entered into with the STU used in connection with the service contains obligations similar to those set out in the Agreement. The Customer may raise objections by registered letter with acknowledgement of receipt i) if the STU is one of its competitors, ii) if the Customer and the STU are in a pre-litigation or litigation situation, and iii) if the STU has been convicted by a data protection supervisory authority in the year of its recruitment. The Subcontractor has 6 months from receipt of the objection to amend the STU.
12.Disposal of personal data
The Subcontractor deletes the Customer’s personal data at the end of the term of performance of the Contract entered into in connection with the use of the Service and agrees that the Subcontractor may, where technically possible, anonymize the Customer’s personal data for statistical purposes. The Subcontractor shall certify to the Customer, upon written request, that its personal data and all existing copies thereof have been effectively deleted. The Customer must recover his personal data before the end of the Agreement. Failing this, the Customer may no longer recover his personal data, as the deletion of personal data is irreversible. The Customer remains solely responsible for the loss of personal data following the deletion of data at the end of the Agreement.
13.Audits
The Customer has the right to carry out an audit in the form of a written questionnaire once a year to verify compliance with this Agreement. The questionnaire has the force of a sworn undertaking binding on the Subcontractor. The questionnaire may be sent in any form to the Subcontractor, who undertakes to reply within a maximum of two months of receipt. The Customer also has the right to carry out an audit at the Subcontractor’s premises, at its own expense, once a year only in the event of a data breach or proven and demonstrated failure to comply with the applicable data protection rules and this Agreement. An audit at the Subcontractor’s premises may be carried out either by the Customer or by an independent third party appointed by the Customer and must be notified to the Subcontractor in writing at least thirty (30) days prior to the audit. The Subcontractor has the right to refuse the choice of the independent third party if the latter is i) a competitor or ii) in pre-litigation or litigation with the Subcontractor. In this case, the Customer undertakes to select a new independent third party to carry out the audit. The Subcontractor may refuse access to certain areas for reasons of confidentiality or security. In this case, the Subcontractor carries out the audit in these areas at its own expense and communicates the results to the Customer. In the event of any discrepancy identified during the audit, the Subcontractor undertakes to implement, without delay, the necessary measures to comply with this Agreement.
14.Data transfers outside the European Union
The Subcontractor undertakes to take all necessary steps not to transfer the Customer’s personal data outside the European Union or to recruit STUs located outside the European Union.
15.Cooperation with supervisory authorities
Where this concerns processing carried out under the Agreement, the Subcontractor undertakes to provide, on request, all the information necessary for the Customer to cooperate with the competent supervisory authority.
16.Contact
The Customer and the Subcontractor shall each designate a contact person for this Agreement, who shall be the recipient of the various notifications and communications to be made under the Agreement. The Subcontractor informs the Customer that it has appointed a Data Protection Officer, who can be contacted at the following address:
- Email address: [email protected]
17.Review
The Subcontractor reserves the right to modify this Agreement in the event of changes to the applicable rules on the protection of personal data which would have the effect of modifying any of its provisions.
18.Applicable law and jurisdiction
This Agreement is governed by French law. Any dispute arising in connection with the performance of this Agreement shall be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of the place where the Subcontractor is domiciled.
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