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 contact@fixee.ai.

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 contact@fixee.ai.

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: contact@fixee.ai.

 

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 Dipeeo SAS as its Data Protection Officer, who can be contacted at the following address:

• Email address: dpo@fixee.ai
• Postal address: Société Dipeeo SAS, 95 avenue du Président Wilson, 93100 Montreuil, France
• Telephone number: 01 59 06 81 85

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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