Home > General terms and conditions of use
General Terms and conditions of use ("T&C")
Update date [03/06/2024]
https://app.soscience.org is a digital platform for sharing and exchanging, facilitating multi-stakeholder research and collaborations on innovative projects with positive impact on society. It offers to put in relation users to create collaborations on scientific subjects.
The website https://app.soscience.org is published by SOSCIENCE, a French simplified joint stock company, having its registered office at 29 rue Galande, 75005 Paris, and registered with the Paris Trade and Companies Register under number 800 062 440 represented by its President (hereinafter “SOSCIENCE“), who can be contacted by email at the address contact@soscience.org
The visitor will need to create an account and accept the applicable General Terms and Conditions of Use to have access to all the digital platform and to use numerous functionalities (hereinafter, the “User”).
THE PRESENT T&C ARE APPLICABLE TO ANY USER OF THE SITE https://app.soscience.org. USERS WHO DO NOT WISH TO ACCEPT THE GENERAL TERMS AND CONDITIONS MUST THEREFORE REFRAIN FROM CONSULTING THE WEBSITE AND USING THE SERVICES OFFERED THEREIN.
THE LAW APPLICABLE TO THE PRESENT T&C IS THE LAW OF FRANCE, THE COMPETENT JURISDICTION BEING THE ORDINARY JURISDICTION.
Table of contents
1. DEFINITIONS
The capitalized terms below have the following meanings when used in the T&C:
- Admin User: refers to the Organization Page Admin, Organization Admin and Program Admin.
- Organization Page Admin: refers to Users who are authorized to fill company/organization co-innovative web page (expertise and needs).
- Organization Admin: refers to Users who are authorized to fill company/organization co-innovative web page (expertise and needs); manage client workspace in the back office (Platform settings, plan, options); manage Admin Users rights (invite Users, set rights, remove Users) and create new Program.
- Program Admin: refers to Users who are authorized to organize Programs.
- T&C: refers to this General Terms and Conditions of Use.
- Call for Applications: refers to the request for Users to take part in a Program.
- Databases: means all the databases and sub-databases accessible via the Platform, in particular the search for Content, Profiles, Applications, Programs and Projects.
- Applications: refers to the response to a Call for Applications sent by a User to participate in a Program.
- User Content: refers to all content published by Users within the meaning of Article 6-III of the French law 2004-575 of June 21, 2004, “Loi pour la confiance dans l’économie numérique” (hereinafter “LCEN“) created in the context of using the Services. These may include, for example, the Programs,Projects and deliverables in which the User has participated, and all information related, or the Applications transmitted.
- Committee: refers to specific persons who may review, vote, comment and select Applications sent to a Call for Applications for a specific Program; review submitted Projects and follow the Program progress through a dashboard. Members of Committee are already or become Users of the Platform.
- Committee member: refers to members of the Committee
- Community: refers to all Users of the Platform.
- Resources: refers to any written or electronic documentation relating to the Services, including documentation accessible online via the Platform such as case studies, training or articles. The Resources may change during the term of these T&C.
- User Data: refers to all data that:
– are sent to the Platform by the User through the use of the Services,
– and which are hosted in the Platform.
User Content is User Data. - Personal Data: refers to any data corresponding to personal data, as defined in the General Data Protection Regulation.
- Data Protection Laws and Regulations: refers to the “European Regulation 2016/679, on the protection of individuals regarding the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC” (“General Data Protection Regulation” or “GDPR“) and any laws and regulations relating to the protection of Personal Data applicable under the T&C.
- Platform: refers to the website accessible at the URL https://app.soscience.org or any successor website providing access to the Services, as well as any mobile application that can be downloaded onto a smartphone or tablet and that provides access to the website.
- Profile: refers to any account created by the User, accessible from the Platform and which is defined by a login and a password (hereinafter “Login Information”). The Profile gives access to the Services
- Program: refers to the will to create an innovative solution via the Services, published by SOSCIENCE or any other organization selected by SOSCIENCE to respond to a specific scientific problem via collaborative work through different Projects
- Project: refers to potential answers published on the Platform via the Services to answers to Programs set up.
- Services: refers to the access to the Platform and its features. The Services are described in the section “Description of Services”.
- Sponsor: means the company or organization that sponsors a Program and submits a brief and Program to Users via the Platform.
- User(s): refers to any person using the Platform and connected to its Profile who can be a natural person or a legal entity..
2. WHAT IS THE PURPOSE OF THE T&C?
- Purpose of the T&C. The purpose of these T&C is to define the Terms and Conditions of Use of the Services by the User.
- Entry into force. These T&C will enter into force on the date the User creates a Profile and accepts it online by checking the box “I have read and accept to the General Terms and Conditions of Use” (the “Effective Date”).
- Duration. These T&C are entered into for the period required to achieve their purpose, i.e. the entire period during which the User is browsing the Platform and has a Profile.
3. HOW TO USE THE SERVICES?
3.1 Technical prerequisites. THE USER IS INFORMED THAT THE PLATFORM REQUIRES A BROADBAND INTERNET CONNECTION AND AN UP-TO-DATE WEB BROWSER.
3.2 THE USER IS INFORMED THAT SOSCIENCE WILL NOT VERIFY COMPLIANCE WITH THE REQUIREMENTS DESCRIBED IN THIS SECTION. THE USER ACKNOWLEDGES AND AGREES THAT IT IS HIS/HER RESPONSIBILITY TO DO SO.
3.3. Access to the Services. User’s access to the Services is effective after the following steps:
- acceptance of the T&C,
- the connection to the Profile using the Login Information,
3.4 Description of the Services. The user has the functionalities of navigation on the Platform as described below:
- Create a Profile,
- Sign in and sign up for the Profile,
- Fill the collaboration profile that can be visible to others with mandatory information such as name and last name and optional information such as a picture, organization, department/service, position, city, Profile title, biography, Profile URL, email address (that can be visible only by SOSCIENCE, the User’s contacts or all Users), the experiences and publication, the contributions (types of contributions, expertise, industries in which the User is active, topics), the needs (experts to connect with, types of contributions that could be useful, expertise looking for, interested industries, topics),
- Create the User’s company or organization profile with name and type as mandatory information and the logo and website URL as optional information,
- Update communication options to choose which email and notification to receive,
- Discover existing Calls for Collaborations (aka. Programs), Projects and Organizations
- Submit Application to Programs,
- Receive Application status (accepted, rejected),
- Join a community with other users
- Exchange messages with the users of the community
- Submit collaborative Project proposals,
- Add other Users as collaborators to a Project proposal,
- Create & publish a Web page for a collaborative Project,
FOR CLARIFICATION PURPOSES, THE USER CANNOT CARRY OUT ANY COMMERCIAL TRANSACTION OR BENCHMARK VIA THE PLATFORM AND THE SERVICES.
3.5 Terms of Use of the Services. Use of the Platform and its Services is free of charge for the User.
To access the Platform, the User must create a Profile. Registration and creation of the Profile are confirmed by the automatic sending of a confirmation request to the e-mail address provided by the User. The confirmation e-mail may include a hypertext link that Users must click on to definitively validate their registration and the creation of the Profile.
To enable said registration and to be able to identify the User, respond to the requests, provide the Services and improve them, the Platform collects Personal Data concerning the User. This data is collected in accordance with the Platform’s Privacy Policy.
In this context, the User undertakes to provide only information that is specific to him/her, accurate and up to date, and that does not infringe the rights of third parties or contravene public policy or accepted standards of behavior.
At the time of registration and at any time during the use of the Platform, the User undertakes to update the data and information concerning him/her. In this respect, the User guarantees the truthfulness, accuracy and completeness of the information thus transmitted and will be solely responsible for any error, omission or failure to update it.
Once registered, Users will be able to access their Profiles using the Login Information. The information thus communicated via the Platform is strictly confidential. The Login Information are personal to him/her and remains his/her sole responsibility. The User is responsible for their safekeeping and assumes all risks of loss. For this reason, the User must take all necessary precautions to ensure their confidentiality, security and correct use, to prevent them from being disclosed to unauthorized third parties.
The User is solely responsible for the use by any other person of his/her Login Information and, in particular, for all operations carried out via his/her Profile. Consequently, any connection to the Platform via a Profile and/or transmission of data carried out using a User’s Profile will be presumed to have been carried out by the holder of the said Profile and under his exclusive responsibility. In the event of fraudulent use of their Login Information, Users undertake to inform the Platform in writing as soon as possible by letter to 29 rue Galande, 75005 Paris, or by email to the following address : contact@soscience.org.
Users may terminate their registration at any time by notifying their decision in their Profile, in the section “Delete your account’, in the “Settings” section. Their registration will then be effectively terminated within a reasonable period. The User will no longer be able to connect to the Platform from this date and will no longer be able to share User Content.
SOSCIENCE may also at any time deregister a User who does not respect the rules or whose behavior disrupts the normal use and management of the Platform. The Profile will then be effectively terminated within a reasonable period. The User will no longer be able to connect to the Platform from this date and will no longer be able to share User Content.
3.4 Provision of the Services. Subject to the User’s use of the Services in accordance with these T&C, the purposes of the services and applicable laws and regulations, SOSCIENCE undertakes as a best-effort obligation to:
(a) Make the Services and User Data available to the User in accordance with these T&C;
(b) Make reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for (i) unavailability resulting from corrective or evolutionary maintenance operations and (ii) unavailability caused by circumstances beyond SOSCIENCE’s reasonable control including, for example, natural disaster, action of governmental authorities, flood, fire, earthquake, civil disturbance, act of terrorism, strike or other labor-related problem (not involving SOSCIENCE’s employees), failure or delay of internet providers, acts undertaken by third parties including but not limited to a denial-of-service attack. SOSCIENCE will endeavor to inform User in advance of any unavailability as defined in (i) above, within a reasonable time, indicating the expected date of maintenance operations;
(c) Provide the Services in accordance with the laws and regulations that are applicable to SOSCIENCE in general, taking into account the purposes of the Services. For the avoidance of doubt, SOSCIENCE will not be able to comply with the said laws and regulations in the event User fails to comply with the terms of these T&C, including its obligation to use the Services in accordance with their intended purposes.
3.6 Functionalities
User acknowledges and accepts that the Services, including their functionalities, may evolve during the term of the T&C. The evolution of the Services may cause the Resources to evolve during the term of the T&C, which the User acknowledges and accepts.
3.7 User’s Obligations.
The User undertakes, at all times, throughout the duration of these T&C, as part of an obligation of result, to comply with all the stipulations contained in these T&C and in particular in this section.
Consequently, the User undertakes to comply with the following rules of conduct in relation to the Services and the Platform:
(a) User will use the Services in compliance with the applicable laws and regulations (in particular the Data Protection Laws and Regulations);
(b) User will use the Services, information and contact details (including Personal Data) of other Users accessed through the Services in accordance with these T&C and applicable laws and regulations, including but not limited to the Data Protection Laws and Regulations; for example, User will not collect Personal Data of other Users for a reason other than to contact them regarding their Program, Project, Call for Applications or Applications; User will not send unauthorized emails (e.g. spam) to other Users;
(c) User will use the Services with sincerity, concerning SOSCIENCE, in particular concerning the Personal Data that the User communicates in the context of the Services;
(d) User will be loyal and have good faith towards SOSCIENCE, and more generally towards any third party;
(e) User will prevent any unauthorized use of and access to the Services, User Data and will promptly notify SOSCIENCE in writing of any such unauthorized access or use;
(f) User will respond in a timely, courteous and professional manner to messages sent by other Users of the Platform;
(g) User will act professionally with respect to all other Users and in compliance with applicable law and regulations;
(h) User will comply with all intellectual property rights relating to the Platform, its components, the Resources and the Services, in particular its software elements, its graphic charter, its trademarks, works or designs,
(i) User will comply with all intellectual property rights held by third parties, including those of other Users.
3.8 Usage Restrictions. The User agrees not to:
(a) Use the Services or any part of the Platform in violation of applicable laws and regulations, including, without limitation, in violation of the Data Protection Laws and Regulations, or these applicable to the protection of privacy;
(b) Use the Services or any part of the Platform to store, transmit, upload, link to, post or otherwise store any material (e.g., documents, data, text, images or other content) that is unlawful, racist, hateful, abusive, defamatory, obscene, libellous, deceptive, unfair, inaccurate/misleading, discriminatory, or in any way violates these T&C, any applicable laws and regulations, including, without limitation, laws and regulations applicable to the User Content, the Products, the Services, the Data Protection Laws and Regulations, intellectual property law;
(c) Use the Services or any part of the Platform in any manner that interferes with or disrupts the integrity or performance of the Services and their components;
(d) Attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Services or all or part of the Platform, except as permitted by the French Intellectual Property Code;
(e) Use the Services or any part of the Platform for any purpose other than its Purpose such as commercial purposes or for benchmarking;
(f) Use the Services or any part of the Platform in violation of applicable law and regulations;
(g) Use the Services or any part of the Platform in a manner that harms (or is likely to harm) any other user or third party;
(h) Use the Services or any part of the Platform to abuse or incite fraud;
(i) Attempt to harm, or harming, SOSCIENCE in any way whatsoever, in particular via the Internet (for example via social networks), for example by committing acts of unfair competition, acts of parasitism, acts of damage to reputation or image, acts of denigration, acts of counterfeiting, acts of invasion of privacy;
(k) Use the Services or all or part of the Platform in any way that interferes with or disrupts the integrity or performance of the Services or the Platform and their components;
or (l) Attempt to use or use the Services in violation of this Section.
3.9 Usage restrictions on misappropriation of Services. The User agrees not to:
(a) Divert or attempt to divert all or part of the Platform, or any other element to which the User may have access, for purposes other than these for which they are intended;
(b) Violate the terms of the “Database Protection” sections; by way of example, the User will not license, sublicense, sell, assign, resell, rent, lease, loan, transfer, assign, distribute, share, copy the Services, or all or any part of the Platform, including on a time-sharing basis, or in any other way commercially exploit the Services or make them available to third parties;
(c) Modify, adapt, or hack the Services or any part of the Platform or otherwise attempt to gain unauthorized access to the Services (or any part of the Platform) or related systems or networks;
(d) Attempt to copy or reproduce, in any manner whatsoever, without the prior written consent of SOSCIENCE, all or part of the Platform (including by means of reverse engineering);
(e) Communicate to SOSCIENCE any false, misleading, inaccurate, or outdated contact information, by any means whatsoever;
(f) Communicate to a third party the Login Information of his/her Profile;
(g) Attempt to use or use the Services in breach of this Section.
3.10 Usage restrictions on undermining the security of the Platform. The User agrees not to:
(a) Attempting to carry out or carry out, in any form whatsoever, and irrespective of the technology used, any action of a malicious nature and/or presenting a risk to the operation and/or security of all or part of the Services, the Platform, or any other element to which the User may have access;
(b) Attempt to infringe or infringe the procedures or rules governing the operation of all or part of the Platform, the Services or any other element linked to all or part of the Services;
(c) Attempt to implement or implement any action resulting in saturation or flooding of the servers used to provide the Services;
(d) Send to the Platform, in any way whatsoever, and by any technological means whatsoever, any element containing: software viruses, Trojan horses, worms, or other spyware or malicious computer codes, files or programs, time bombs or any other similar harmful software;
(e) Attempt to probe, probe, attempt to test, test the vulnerability of all or part of the Platform or the Services;
(f) Modify, adapt or hack the Services or all or part of the Platform or attempt in any other way to obtain unauthorized access to all or part of the Platform or to the systems or networks concerned;
(g) Attempt to decipher, decompile, reverse engineer or in any other way discover the source code of any software that makes up the Services or all or part of the Platform, except in the cases authorized by the Intellectual Property Code;
(h) Use the Services or all or part of the Platform to store or transmit any sensitive data within the meaning of Article 9 of the GDPR;
(i) Use or launch any automated system that accesses all or part of the Service or the Platform (i.e. a bot) in such a way as to send more request messages to a Service server in a given period than a human being could reasonably produce in that same period, using a conventional Internet browser.
3.11 Confidentiality of Login Information. The user is responsible for compliance with the terms of these T&C. The User is responsible for maintaining the confidentiality of the Login Information.
3.12 Personal Data. The terms and conditions under which SOSCIENCE processes Personal Data on behalf of the User are determined under the Privacy Policy.
4. WHICH INTELLECTUAL PROPERTY RIGHTS ARE GRANTED TO EACH PARTY?
- License to use the Services granted by SOSCIENCE. During the term of the T&C and subject to the User’s compliance with these T&C, SOSCIENCE grants the User a limited right to access and use the Services, in accordance with their intended purposes, as well as the Resources. This right is non-transferable and is granted on a non-exclusive basis, for the term of the T&C, worldwide.
- Transfer of the User’s Intellectual Property Rights to SOSCIENCE
The User benefits from a dedicated space on the Platform to integrate and publish information about the Program or Project the User was part of. The User can also answer Calls for Applications by sending an Application. This Application will be in a dedicated part of the Platform. Moreover, the User can share Projects’ ideas or any document files. All of these elements are referred to as the “Protected Elements“.
The User hereby transfers on a non-exclusive basis to SOSCIENCE, which accepts, all the intellectual property rights that it holds over all the Protected Elements as well as any element that may benefit from intellectual property rights (hereinafter referred to as “Rights“).
The transfer of Rights is granted to the entire world and the legal term of protection of the Protected Elements is provided for both by French and foreign legislation and by international conventions, including future extensions, unless otherwise stipulated in these T&C.
Without these indications being limitative, the present transfer of intellectual property rights entails the transfer to SOSCIENCE of the rights of reproduction, representation, adaptation and distribution (hereinafter, the “Exploitation Rights“) of the Protected Elements in the following manner:
The right of reproduction
The right to reproduce the Protected Elements includes in particular the right for SOSCIENCE or its assignees to make or to establish as many copies of the Protected Elements as it sees fit, on any medium known or unknown to date and in particular but not exclusively on any paper, digital or otherwise computer-readable medium (hard disks, CDs, DVDs, USB keys, servers, etc.) and by any technical process known or unknown to date. The reproduction right also includes the right for SOSCIENCE or its assignees to reproduce the Protected Elements on the Platform.
The right of representation
The right of representation of the Protected Elements includes, in particular, the right to communicate the Protected Elements to the public, in all places and by all means and technical processes known or unknown to date, in all formats, and in particular, but not exclusively, by Hertzian transmission, cable, satellite, or by any other means of communication.
The right of adaptation
The right to adapt the Protected Elements includes in particular the right to add, remove, combine or modify them, to isolate fragments of them, to add any commentary, title or subtitle, by any means or process known or unknown to date, and in particular but not exclusively, by any means of telecommunication or audiovisual communication referred to above.
The right of distribution
The right to distribute the Protected Elements includes the right to disseminate all or part of the Protected Elements to any public by any means or process known or unknown to date, and in particular, but not exclusively, by the Platform and all means of telecommunication or audiovisual communication referred to above.
The Exploitation Rights have for all or part of the purposes (hereinafter referred to as “Purposes“) defined as follows:
For exploitation Purposes:
- Of the Protected Elements (in whole or in part), all adaptations of all or part of these Protected Elements on the Platform;
- Of the Protected Elements (in whole or in part), all adaptations of all or part of these Protected Elements on SOSCIENCE’s social networks;
- For the general public, in particular, private individuals and/or professionals;
- And/or for SOSCIENCE’s advertising, promotional, internet and external communication and business development Purposes;
- And/or for the Purposes of freely exercising the Exploitation Rights, with a view to the present Purposes;
And more generally for all Purposes useful to its current activity and as it evolves over time, falling within the company’s corporate purpose.
This non-exclusive transfer is granted free of charge by the User, in return for the visibility offered by SOSCIENCE on the Protected Elements and the means made available to Users to collaborate on innovative subjects.
The User is the publisher and is solely responsible for the User Content integrated on the Platform. In its capacity as a service provider and host, the Platform has no role to play in the publication of said User Content.
The User is reminded that any reproduction or representation of a work not authorized by its author is likely to constitute an act of counterfeiting for which the User may be held civilly and/or criminally liable.
The User declares that he/she holds all rights to User Content and all authorizations required for its distribution via the Platform. If the User has any doubts about the possibility of integrating the Platform with any content that he or she wishes to see included, he or she must refrain from placing it online.
The User consequently undertakes to indemnify the Platform against any condemnation, action, request or complaint of any kind whatsoever from third parties arising from or in connection with the use by the Platform of content, information, elements, data, etc. on the Platform.
3. Protection of the Databases. The Databases are protected by copyright. The User acknowledges the scale of the investments made by SOSCIENCE to develop its Databases. User acknowledges that SOSCIENCE has taken the initiative to create and develop its Databases and in particular its Database of Content, Programs, Projects, Applications, organization, and Users. User acknowledges that in addition to the quality of SOSCIENCE as the author of Databases with an original nature, the latter has the quality of producer of databases and has the rights that are conferred to it as such by the French Intellectual Property Code. In its capacity as a producer of Databases, SOSCIENCE in principle prohibits to User who accepts it:
(a) the extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of the Databases onto another medium, by any means and in any form whatsoever
(b) reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the contents of its Databases, in whatever form,
(c) the repeated and systematic extraction or reuse of qualitatively or quantitatively non-substantial parts of the content of the Databases beyond the normal conditions of use of these Databases.
4. Hypertext links. The Platform can contain hypertext links to external websites, advertisers, services or offers which do not belong to or are not controlled by SOSCIENCE such as links the User can add in the Profile regarding the contact information or the website link of an organization if created and links to social networks. SOSCIENCE has no way of verifying the content of the sites visited and cannot be held responsible for the content of these external sites, information, documents, products or services.
5. WHAT IS THE RESPONSIBILITY OF SOSCIENCE FOR THE CONTENTS PUBLISHED BY USERS?
- Quality of editor of User concerning its contents. User acknowledges that he/she is a publisher within the meaning of Article 6-III of French Law No. 2004-575 of June 21, 2004 “Loi pour la confiance dans l’économie numérique” of all User Content that it creates and publishes in the context of the use of the Services. User guarantees that the User Content published is lawful, accurate, non-erroneous, fair, up-to-date, non-expired and in compliance with these T&C. In this respect, the User is solely responsible for its User Content and the consequences of its creation, deletion, modification and uploading to the Platform. User is informed that if it publishes User Content that is illegal and/or does not comply with these T&C, and/or with the applicable legislation and/or regulations, SOSCIENCE reserves the right, upon notification of any third party, to:
– check, control, delete, make impossible access to the litigious User Content from the Platform,
– and/or suspend and/or delete the access to the User’s Profile. - SOSCIENCE is the host of the User Content and Third-Party Content. THE USER IS INFORMED THAT SOSCIENCE DOES NOT CARRY OUT ANY PRIOR CONTROL OF THE USER CONTENTS OF THE PLATFORM. SOSCIENCE is the host of the User Content. Consequently, SOSCIENCE cannot be held responsible for the User Content of the User and other Users, in any way whatsoever. If the User becomes aware of any unlawful User Content posted, the User agrees to notify SOSCIENCE immediately. Any notification (hereinafter the “Notification“) is made with a registered letter with acknowledgement of receipt addressed to SOSCIENCE, at the location of its registered office as indicated above, and must include:
- the date of the Notification,
- if the notifier is a private individual: name, last name, profession, domicile, nationality, date and place of birth, if the applicant is a legal entity: its legal status, denomination, registered office and the body that legally represents it,
- email address;
- the name and registered office of the recipient of the Notification, in this case, SOSCIENCE,
- the description of the disputed facts and their precise location in the Platform,
- the reasons for which the content should be removed, including a reference to the legal provisions and supporting evidence,
- a copy of the correspondence addressed to the author or publisher of the disputed information asking for it to be suspended, removed or changed, or proof that this author or publisher could not be contacted.
This Notification (including the list of items indicated above) must also be sent by email to: contact@soscience.org. The User is informed that SOSCIENCE cannot be deemed to have received the Notification unless all of the above information is included in the Notification.
Following a Notification, SOSCIENCE may in particular:
- check, control, delete, and block access to the concerned User’s Content,
- and/or suspend and/or block access to the User’s Profile.
6. HOW THE SERVICES CAN BE SUSPENDED?
Suspension of Services. SOSCIENCE reserves the right to limit the Services, or temporarily suspend access to all or part of the Services if SOSCIENCE detects or has objective evidence to assess that:
(a) User has failed to comply with the obligations stipulated in Sections “Technical Prerequisites”, “User’s Obligations”, “Usage Restrictions”, “Usage restrictions on misappropriation of Services”, “Usage restrictions on undermining the security of the Platform” and “Confidentiality of Login Information” of these T&C;
(b) User’s use of the Services is unusually high or has substantially increased and such traffic or use is fraudulent or has a significative negative impact on the ability of the Services to operate;
(c) Malicious Software is connected to the User Account or is related to the User’s use of the Services;
(d) User’s use of the Services threatens the security, integrity or availability of the Services.
Depending on the circumstances, SOSCIENCE may, at its sole discretion, immediately suspend User’s access to the Services or notify User by email in advance of such suspension to allow User to remedy the causes, if any.
7. WHAT IS THE RESPONSIBILITY OF EACH PARTY?
- Responsibility of the User. The User guarantees compliance with these T&C throughout the term of these T&C. The User declares, acknowledges and guarantees that he/she will only use the Platform in strict compliance with the applicable regulations.
Upon notification sent to the User by e-mail, the latter may be excluded, his/her access to the Platform may be suspended and/or his/her registration may be terminated, subject to ten (10) days’ notice if the said User fails to fulfil his/her obligations under these T&C and has not remedied the breach within this period and, in particular, in the event of the provision of non-compliant identification or personalization information and/or inaccurate or out-of-date identification information and/or in the event of infringement of the rights of third parties and/or use of the Platform in violation of applicable laws and regulations and/or in breach of public decency or public order.
It is specified that the User may also be excluded, without notice, in the event of a serious and unrepairable breach by the User, without prejudice to any damages to which the Platform may be entitled in this respect.
The User retains all rights relating to User Content and is solely responsible for the continuity that he/she publishes on the Platform. - Responsibility of SOSCIENCE. SOSCIENCE gives no guarantee of any kind whatsoever in direct or indirect connection with the Platform and the Services, in particular concerning the results expected from the creation of groups of Users around a Project or Program. SOCIENCE cannot, therefore, be held liable.
- SCOPE OF COMPENSABLE DAMAGE. SOSCIENCE CAN BE HELD LIABLE TO THE USER FOR DAMAGE HAVING THE CUMULATIVE CHARACTERISTICS OF BEING DIRECT, PERSONAL, CERTAIN, FORESEEABLE AND IMMATERIAL, SUFFERED IN CONNECTION WITH THESE T&C.
- EXCLUDED DAMAGE. SOSCIENCE CANNOT BE HELD LIABLE TO THE USER FOR ANY OF THE FOLLOWING CATEGORIES OF DAMAGE INCURRED IN CONNECTION WITH THESE T&C: INDIRECT DAMAGE, DAMAGE THAT IS NOT PERSONAL, UNCERTAIN DAMAGE, UNFORESEEABLE DAMAGE, COMMERCIAL DAMAGE (E.G., LOSS OF PROFITS, LOSS OF SALES OR BUSINESS, LOSS OF GOODWILL), FINANCIAL LOSS (INCLUDING LOST EARNINGS OR LOSS OF OPPORTUNITY TO REALIZE SUCH REVENUES), OR COST OF REPLACEMENT SERVICES, OR DAMAGE TO IMAGE OR REPUTATION, OR DAMAGE IN CONNECTION WITH USER’S VIOLATION OF APPLICABLE LAWS AND REGULATIONS, OR DAMAGE IN CONNECTION WITH USER’S MISUSE OF THE SERVICES OR USE OF THE SERVICES NOT IN ACCORDANCE WITH THE RESOURCES OR PURPOSE, OR DAMAGE IN CONNECTION WITH A FAULT OR NEGLIGENCE ATTRIBUTABLE DIRECTLY OR INDIRECTLY TO USER, DAMAGE TO USER DATA WHEN IT IS OUTSIDE THE PLATFORM, DAMAGE IN CONNECTION WITH THE OPENING OF FILES SENT BY OTHER USERS (E.G. CONTAMINATION BY MALICIOUS CODE) VIA THE PLATFORM (E.G. VIA MESSAGING FEATURES).
FURTHERMORE, SOSCIENCE WILL NOT BE HELD LIABLE FOR ANY DAMAGE RESULTING DIRECTLY OR INDIRECTLY FROM USER’S FAILURE TO COMPLY WITH THESE T&C, SUCH AS, BUT NOT LIMITED TO, FAILURE TO COMPLY WITH THE “REQUIREMENTS” SECTION, THE “USER’S OBLIGATIONS” SECTION, THE “USAGE RESTRICTIONS” SECTION, THE “USAGE RESTRICTIONS ON MISAPPROPRIATION OF SERVICES”, THE “USAGE RESTRICTIONS ON UNDERMINING THE SECURITY OF THE PLATFORM”, THE “CONFIDENTIALITY OF LOGIN INFORMATION”.
8. WHAT COMPENSATION IN CASE OF A THIRD-PARTY CLAIM?
Indemnification by User. User will indemnify and hold SOSCIENCE harmless from any claim by a third party against SOSCIENCE alleging that User Data infringes applicable third-party rights, such as copyrights (a “Third Party Claim”) as hereinafter provided. User will, at its own expense, defend SOSCIENCE against any such Third-Party Claim and pay any damages SOSCIENCE is ordered to pay in connection therewith, as well as reasonable fees and expenses incurred by SOSCIENCE in connection with such defence, and amounts paid in settlement under the Civil Code, provided that:
(a) SOSCIENCE will promptly notify User of the threat or notification of such Third Party Claim;
(b) User will have sole control and authority to select a defence attorney, conduct the defence and/or settle any such Third-Party Claim (provided, however, that User will not settle any claim involving SOSCIENCE’s liability or admission of any liability without SOSCIENCE’s prior written consent);
and (c) SOSCIENCE will cooperate fully with the User in connection therewith.
9. FINAL CLAUSES
- Legal Capacity. Each Party represents that it has validly entered into these T&C and has the legal authority to do so.
- Assignment of the T&C. User hereby expressly consents in advance that SOSCIENCE may assign or otherwise transfer these T&C to any third party of its choice.
- Entire the T&C. These T&C constitute the entire agreement between the Parties and supersede any prior agreement(s) between User and SOSCIENCE regarding the subject matter hereof.
- Modification of the T&C. The T&C may be amended or supplemented at any time, and Users of the Platform are therefore advised to consult them regularly.
The T&C in force are those accessible on the Platform under the heading “General Terms and Conditions of Use” each time the User connects to the Platform. In the event of changes to the T&C, the User will be invited, via a message on the Platform, to consult and agree the updated T&C. - Autonomy of stipulations. If any provision of these T&C is found to be unenforceable by a court of competent jurisdiction, then to the maximum extent permitted by law, the remaining provisions of the T&C shall remain in full force and effect.
- Contractual limitations on technical data. The Platform uses Bubble technology. Within the framework of an obligation of means, the necessary efforts to allow uninterrupted access to the Platform will be provided. However, accessibility and continuous operation of the Platform cannot be guaranteed. Although the Platform takes all necessary measures to ensure the availability of the Services, a momentary interruption may occur for technical reasons. The Platform will do its utmost to provide information on the nature and duration of any such interruptions. The Platform may not be held liable for any material damage arising from the use of the Platform. In addition, the User undertakes to access the Platform using recent, virus-free equipment with the latest generation browser.
- In the event of disputes. In the event of any difficulty concerning the Platform and/or arising from the use of the services offered therein, the User is invited to contact the Platform by sending an e-mail to the following address: contact@soscience.org.
- Governing Law. These T&C are governed by the laws of France.
- ANY DISPUTE ARISING FROM THESE T&C WILL BE RESOLVED BY THE COMPETENT COURTS OF THE JURISDICTION OF THE REGISTERED OFFICE OF SOSCIENCE, FRANCE.