These general conditions of sale and use (the “General Conditions”) are concluded between Inatysco, a simplified joint stock company, registered with the Montpellier RCS under number 879 952 323, whose head office is located at 22, avenue Saint Maurice de Sauret, 34000 Montpellier (“Inatysco”) and the User.
Article 1. Definitions
All terms defined below starting with a capital letter are used with the following meaning:
“Atom Transfer Application”: designates the program developed by Inatysco allowing Users to use the Services.
“Data”: refers to the documents, files, information and data shared and/or received by a User using the Atom Transfer Application as part of the Services.
“Services”: designates the services provided by Inatysco, as described in Article 8 below, on the Inatysco website and in the Atom Transfer Application.
“Freemium Services”: refers to Services provided free of charge.
“Premium Services”: refers to Services provided for a fee.
“User”: designates any natural or legal person, having the status of professional or consumer (as defined by the Consumer Code) who has subscribed to a Service offer.
Article 2. Purpose
The purpose of the General Conditions is to define the conditions under which Inatysco authorizes Users to use the Atom Transfer Application and the Services and the rights and obligations of Users. Any access and/or use of the Atom Transfer Application and the Services implies unreserved acceptance and compliance with the applicable terms of the General Conditions.
Any service and offer from Inatysco is carried out exclusively on the basis of the General Conditions, to the exclusion of all other general conditions.
By accepting the General Conditions, the User certifies having full capacity to commit to the General Conditions.
Article 3. Duration
3.1 Freemium Services
The Fremium Services are provided to the User as long as they are made available by Inatysco and the User uses them.
3.2 Premium Services
The subscription to the Premium Services takes effect on the date of validation of payment for the Services by the User (the “Effective Date”) for a period of one (1) month and will be tacitly renewed for successive periods of one (1 month).
The User may cancel the subscription at any time directly on the Site by following the instructions with effect from the end of the current month. Termination will take effect at the end of the current month. Any month started will be due by the User.
3.3 Termination for breach
Each party may terminate access to the Services, automatically, without legal formalities, without prejudice to any claims for damages, in the event of failure of the other party to fulfill one of its obligations under the General Conditions, if this breach has not been remedied by the defaulting party within ten (10) days from the written notification of this breach which will have been made to it by the other party by registered letter with acknowledgment of reception.
Article 4. Financial conditions
Prices for Premium Services are displayed inclusive of taxes in the Atom Transfer Application.
Without prejudice to article L.224-25-20 of the Consumer Code, the User undertakes to pay the entire sums due for the Premium Services on the day of the order and waives the right to obtain a reduction in the event of imperfect execution. No recovery of amounts already paid to Inatysco may occur in the event of termination of the subscription to a Premium Service, whatever the cause.
In the event of non-payment on time, Inatysco may automatically apply late payment penalties without prior notice, calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation increased. of ten (10) percentage points, as well as compensation of a minimum amount of forty (40) euros for recovery costs.
Article 5. Exclusion of the right of withdrawal
In accordance with the provisions of article L.221-28 al.1 of the Consumer Code, the Consumer User accepts that the Premium Services are provided from their subscription date and has thus expressly waived the right of withdrawal to benefit from the Services. Premium before the end of the withdrawal period of fourteen (14) days.
Article 6. Conditions of access to the Services
When an account is necessary to access the Services, the User is solely responsible for the security of the identifiers and passwords associated with his account and undertakes to promptly inform Inatysco of any suspicion of theft or fraudulent use of words. password and identifiers of a User. Any action carried out using a User's identifier and password will be deemed to have been carried out by this same User, unless Inatysco is notified, within a reasonable time, of a suspicion of theft or fraudulent use of said username and password.
Article 7. Provision of Services
Inatysco undertakes to provide the Services in accordance with the General Conditions, under an obligation of means.
Inatysco makes the Atom Transfer Application available to the User in its successive versions. Evolutionary maintenance operations are carried out regularly by Inatysco and the User automatically benefits from them as part of updates and new versions of the Atom Transfer Application. In the event of bugs or anomalies in the Atom Transfer Application, corrective maintenance services are provided by Inatysco on the latest version of the Atom Transfer Application and corrections will be delivered as part of updates and new versions.
Article 8. Description of Services
Subject to the subscription conditions, the User can access the following Services:
8.1 Data sharing services
Inatysco offers Users the possibility of sharing Data with its recipients in an encrypted manner, without Inatysco being able to decrypt the Data exchanged during this sharing. Under no circumstances does Inatysco have access to the Data in clear form. As such, the User is informed and accepts that Inatysco does not grant any guarantee as to the results obtained from the Data, in particular as to the quality or relevance of the Data.
The User can send or receive Data:
i. by generating a sharing link after uploading the Data to the Atom Transfer Application;
ii. this sharing link may be used by the recipient by any means to download the Data via the Atom Transfer Application.
Depending on the offer subscribed to by the User, the storage capacity of the Data, the validity period of the sharing link and the sharing history may be limited. Once the validity period of the link has expired, Inatysco will permanently delete the Data.
8.2 Hosting service
Inatysco provides a technical service for hosting Data downloaded and stored on the Atom Transfer Application by Users.
Inatysco reserves the right to suspend or delete, without notice or compensation, any account allowing access to Data of which it has been brought to its attention that they are illegal, or likely to infringe the rights of a third party. and/or complies with the General Conditions
When Inatysco provides Data storage space, it implements reasonable means to ensure that the availability of this space is greater than 99% per calendar month.
Periods of unavailability (i) occurring during a maintenance and/or update operation, (ii) for which responsibility is not exclusively attributable to Inatysco, (iii) less than five (5) consecutive minutes or (iv) due to a loss of connectivity or access caused by the User's IT infrastructure, one of their actions or inactions.
8.3 Support service
If the User needs assistance or notices anomalies, he or she can contact the Inatysco support service by email at the following address firstname.lastname@example.org. Inatysco will take into account any request for assistance from a User and will intervene as soon as possible following receipt of the request.
8.4 Third Party Services
If the Services are used in connection with, or are integrated into, third party services, the terms and conditions of these services may apply in addition to the General Conditions and must be accepted by the User.
Article 9. Intellectual property
The Atom Transfer Application as well as all the elements composing it (such as brands, logos, computer programs, graphic charter, images, texts) are the exclusive property of Inatysco or have been licensed to it. The General Conditions do not imply any transfer of intellectual property rights of any kind on the elements belonging to Inatysco. The User undertakes not to directly or indirectly infringe the intellectual property rights of Inatysco.
For the purposes of the Services, Inatysco grants the User a non-exclusive, personal, non-assignable, non-transferable right to access the Atom Transfer Application, for the entire world and for the duration of the General Conditions, only purposes of using the Services, under the conditions and limits specified in the General Conditions.
In any case, the User is not authorized to:
• make a copy of or reproduce all or part of the Atom Transfer Application, in any way;
• modify, improve, translate, adapt or arrange the Atom Transfer Application, nor create derivative works from all or part of the Atom Transfer Application, in any manner whatsoever;
• place the Atom Transfer Application on the market, distribute it, rent it, lend it or grant sub-licenses, free of charge or for a fee, and by any process;
• correct errors in all or part of the Atom Transfer Application;
• decompile or reverse engineer all or part of the Atom Transfer Application, in particular for interoperability purposes without having previously requested from Inatysco the information necessary for interoperability.
Article 10. Guarantees
When using the Services, the User guarantees that he has all the rights to the Shared Data. In particular, the User guarantees that the Data:
• do not infringe the rights of third parties, and in particular do not infringe their privacy or any of their personality rights;
• are not defamatory or insulting, outrageous, misleading or slanderous to the detriment of any third party;
• do not constitute an act of counterfeiting, unfair competition or parasitism;
• do not incite the commission of any criminal offense;
• do not contain viruses, worms, Trojan horses or any file or computer program likely to interrupt, destroy or limit the functionalities of the Atom Transfer Application;
• are not contrary to public order and/or good morals, and in particular are not likely to be the subject of criminal or administrative prosecution and/or convictions;
• comply with applicable legal provisions.
The User guarantees Inatysco against any request, action or claim from third parties due to the use of Data contrary to this article.
With the exception of the guarantees expressly mentioned in the General Conditions, all Services are provided “as is”. Inatysco does not grant any other guarantee, whether express or tacit, legal or otherwise, and in particular Inatysco does not grant any guarantee of adaptation to a particular use or to a specific need of the User. Inatysco does not guarantee that the Services or the results obtained from their use, will conform to the User's expectations, will operate without interruption, will achieve an expected result, will be compatible or work with software, systems or other services or will be secure, accurate , complete, without harmful codes or errors.
By way of derogation from the preceding provisions, the User, when he is a consumer and has ordered Premium Services, benefits from the following guarantees:
Legal guarantee of conformity for digital services
Article L.224-25-12 of the Consumer Code:
“The professional provides digital content or a digital service in accordance with the contract as well as the criteria set out in Article L. 224-25-14 [of the Consumer Code].
When the contract provides for a one-off supply operation of digital content or digital service, or a series of distinct supply operations, the professional is liable for any lack of conformity existing at the time of supply and which appears within a period of two years from count on it.
When the contract provides that the digital content or digital service is provided on a continuous basis, the professional is liable for any lack of conformity which appears during the period during which it is provided under the contract. »
In accordance with article 2224 of the civil code, the period of the guarantee of conformity applies subject to the limitation period of five (5) years from the consumer's knowledge of the lack of conformity.
Guarantee against hidden defects
Article 1641 of the civil code
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them. »
Article 11. Liability
Inatysco cannot under any circumstances be held responsible for an Internet connection problem, network loss, non-receipt of an email or other restrictions or inability to access the Atom Transfer Application which are not under the control of Inatysco.
Inatysco cannot be held responsible for the non-receipt of information in the event of an error on the part of the User, whether deliberate or not, in providing personal contact details for the purposes of registration and/or or use of the Services.
Inatysco cannot be held liable for any indirect damage. With regard to the User having the status of professional, Inatysco cannot be held liable in the event of loss of income, loss of profits, loss of opportunity or loss of customers or damage to the image due to the Services provided. by Inatysco or the use of Data by a Partner.
The liability of Inatysco under the General Conditions will be limited against the User having the status of professional to the amount of the sums actually received by Inatysco during the contractual year preceding the event giving rise to its liability.
The User is required to implement any reasonable measure likely to minimize any damage that he or she may suffer due to a failure by Inatysco to fulfill one of its contractual obligations.
The User having the status of professional will only be able to invoke the liability of Inatysco for a period of six (6) months from the occurrence of the breach in question.
The parties cannot be held responsible for a failure to fulfill any of their obligations under the General Conditions which results from the occurrence of a force majeure event. Force majeure events include strikes or social conflicts, freezing of all means of transport or supply, earthquakes, fires, storms, floods, power outages, wars, attacks, riots, political instabilities, breakdowns telecommunications as well as all cases of force majeure meeting the criteria accepted by the case law of the French courts.
Article 12. Data Ownership
The User is and remains the owner of his Data for the duration of the General Conditions.
Article 13. Protection of personal data
The User is informed that Inatysco will process personal data concerning him in order to allow access to the Services and the Atom Transfer Application.
For more information on the data processing carried out by Inatysco, the User is invited to consult the Inatysco confidentiality policy accessible at the following address: https://atom-transfer.com/en/ty7-privacy-policy
Inatysco takes all necessary technical and organizational measures to ensure the security of the Atom Transfer Application and to prevent an attack on the integrity, confidentiality and availability of the Data. Any security incident will result in the triggering of a crisis unit and the activation of an incident management procedure aimed in particular at containing the effects of the security incident, implementing corrective measures adapted to the risks incurred, alerting the competent authorities and the persons concerned where applicable and take all necessary steps to defend Inatysco's rights.
Article 14. Miscellaneous
14.1. All notifications from the User relating to the General Conditions must be made in writing and may be sent to Inatysco by email (email@example.com) or by post to the head office of Inatysco.
14.2. The User accepts that all correspondence and/or communication and/or transmission of information taking place with Inatysco by electronic means are presumed to have the same probative value as writing on paper.
14.3. The User agrees to be cited as a reference in commercial proposals, marketing documents and the Inatysco website and that Inatysco reproduces its logo in connection with this communication.
14.4. No stipulation in the General Conditions creates a mandate, a relationship of subordination or a joint venture between the parties.
14.5. The fact for one of the parties to delay in exercising one of its rights arising from the General Conditions, or not to exercise it, cannot be interpreted as a waiver of its exercise.
14.6. If any of the stipulations of the General Conditions proves to be void with regard to a rule of law in force or a judicial decision which has become final, it will then be deemed unwritten, without however resulting in the nullity of the contract or altering the validity of its other stipulations.
14.7. The General Conditions are concluded intuitu personae. Consequently, neither party may transfer the benefit of the General Conditions to a third party without the prior written consent of the other party. Notwithstanding the above, the General Conditions are freely assignable or transferable by Inatysco to any entity in the context of a merger, split, acquisition, partial contribution of assets and more generally a restructuring operation.
14.8. The General Conditions are governed by French law.
14.9 When the User has the status of professional, in the event of a dispute between the parties relating to the Services, the formation, interpretation, execution and/or termination of the General Conditions, jurisdiction is assigned to the courts in the falls under the jurisdiction of the Montpellier Court of Appeal, notwithstanding plurality of defendants or warranty claims, even for emergency procedures or precautionary procedures by way of summary proceedings or request.
14.10. For the User with the status of consumer, the parties will attempt, before any litigation procedure, to find an amicable agreement. If no agreement is reached or if the User justifies having attempted to resolve their dispute with Inatysco by a written complaint, a mediation procedure may be carried out in a spirit of loyalty and good faith with a view to reaching an agreement. amicable. To initiate this mediation procedure, the User can contact the Inatysco mediator within a maximum period of one (1) year from the unsuccessful written complaint: FEVAD. The party wishing to implement the mediation process must first inform the other party. The mediation procedure is not obligatory and either party can withdraw from the process at any time. In the event that mediation fails or is not considered, the dispute which may have given rise to mediation will be entrusted to the competent court.
14.11. Each party waives its right to pursue the execution of the obligations of the other party in kind as well as the right to execute them itself or to have them executed by a third party. Each party waives the right to suspend the performance of its obligations in the event of non-performance by the other party. This clause does not apply when the Customer has the status of consumer.
Annex 1 - Data protection agreement
The purpose of this appendix is to define the conditions under which Inatysco will implement processing of personal data on behalf of the User with professional status (“Professional User”) in the context of the provision of the Services.
Capitalized terms will have the meaning given to them in Article 1 of the General Conditions. All terms belonging to the terminology of the regulation on the protection of personal data will have the meaning that it gives them, in particular the General Data Protection Regulation n°2016/679 (“GDPR”) and the law no. °78-17 of January 6, 1978 (“Informatique et Libertés”) (together “Regulations relating to the protection of personal data”).
3 Data processing for the provision of Services
3.1 Subcontracting of data by the subcontractor
When providing Services to the Professional User, Inatysco is required to process personal data. The Professional User and Inatysco acknowledge that with regard to the implementation of this processing, the Professional User has the capacity of data controller and Inatysco that of subcontractor. Thus, at the time of concluding the Contract, the Professional User instructs Inatysco to implement the following processing of personal data under the following conditions:
- Purpose: provision of Services to the Professional User;
- Nature of operations: operations necessary for Inatysco to provide the Services to the Professional User (storage, backup, transfer, etc.);
- Duration of processing: duration of the Contract;
- Categories of persons concerned: Users and any natural person identified or identifiable within the files transferred by Users;
- Personal data processed: Identification data and all types of personal data transferred by Users (including sensitive personal data).
In the event that the Professional User wishes to modify these instructions, the Professional User undertakes to indicate this to Inatysco in writing. The Professional User may contact Inatysco regarding aspects relating to data protection by sending an email to the following address: firstname.lastname@example.org
3.2 Obligations of Inatysco as data processor
Inatysco undertakes to carry out this processing only in accordance with the documented instructions of the Professional User, including with regard to transfers of personal data to a third country or an international organization, unless otherwise stated. obliged under the law of the European Union or that of a Member State of the European Union to which it is subject. In such a case, Inatysco undertakes to inform the Professional User of this obligation unless the law which is the source prohibits it for important reasons of public interest.
Inatysco also undertakes to immediately inform the Professional User in the event that it considers that one of its instructions constitutes a violation of the Regulations relating to the protection of personal data.
Inatysco undertakes to ensure that persons authorized to have access to personal data, alternatively, undertake to respect the confidentiality of the data or are subject to an appropriate legal obligation of confidentiality.
Inatysco is committed to implementing good security practices. Notably :
- Secure email system as well as a dedicated and isolated WIFI network;
- Internal security policy;
- Regular safety training of employees;
- Personal password protection for all employees' computers;
- Use of an account for individual use;
- Password and confidentiality management policy;
- Antiviral protection;
- Implementation of CNIL recommendations;
- Security incident management procedure;
Inatysco undertakes to transmit to the Professional User any request from a data subject relating to the processing of their data and which is addressed to them. Inatysco undertakes to implement technical and organizational measures taking into account the nature of the processing in order to help the Professional User, to the greatest extent possible, to respond to requests to exercise the rights of the persons concerned. .
3.3 Obligations of the Professional User as Data Controller
The Professional User undertakes to comply with the Regulations relating to the protection of personal data and in particular to ensure the lawfulness of the processing they carry out in accordance with Article 6 of the GDPR.
3.4 Subsequent subcontracting
The Professional User hereby gives general authorization to Inatysco to use subcontractors in the implementation of the processing. Before any subsequent addition or change of subcontractor, Inatysco undertakes to inform the Professional User in advance. From the date of notification, the Professional User has ten (10) days to transmit their observations to Inatysco. In the absence of a response from him within this period, the Professional User will be deemed to have accepted the addition or change of subsequent subcontractor envisaged.
The Professional User already accepts that Inatysco uses the following subcontractors:
Identity and address of sub-processor Reason for sub-contracting Appropriate safeguards if data transfer outside the EEA
- Name: OVH Cloud
- Head office address: 2 RUE KELLERMANN, 59100, ROUBAIX
Hosting of application services and data
- Name: BPCE
- Head office address: 7, promenade Germaine Sablon 75013 PARIS - FRANCE
Online payment management service
- Name: Cloud Iam
- Head office address: 37 Bd Solférino Immeuble Eurosquare, 35000 Rennes
Authentication Service Hosting
Inatysco undertakes to ensure that the services of all sub-processors of personal data to which it uses are governed by a legal instrument subjecting it to the same obligations as those to which it is itself subject under this annex. . Inatysco will ensure that the technical and organizational measures put in place by its subcontractors comply with the requirements of the Regulations relating to the protection of personal data and will remain fully responsible to the Professional User for compliance with their obligations.
3.5 Fate of data at the end of the Contract
Subject to Inatysco being subject to a retention obligation under the law of the European Union or one of its Member States, at the end of the Contract with the Professional User, Inatysco undertakes, according to the choice of the Professional User, to return or destroy the personal data processed on behalf of the Professional User.
Inatysco undertakes to assist the Professional User in complying with their obligations under Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information at their disposal.
Inatysco undertakes to make available to the Professional User, at the latter's expense, all the information and resources, including human resources, necessary to demonstrate compliance by Inatysco with its obligations under this appendix as well as those necessary to carry out possible audits, whether carried out by the Professional User or by any third party mandated by him.
Consequently, at the request of the Professional User, Inatysco will provide the Professional User, at the latter's expense, with written responses to their reasonable requests for information regarding the processing of personal data under this annex, including including responses to security and audit questionnaires, only to the extent necessary to confirm Inatysco's compliance with this annex.
Unless otherwise provided in the Personal Data Protection Regulations, any audit under this article will be:
i. carried out no more than one (1) time per year during normal Inatysco business hours, so as not to interfere with standard business operations;
ii. subject to Inatysco’s reasonable constraints regarding confidentiality and security;
iii. carried out at the expense of the Professional User; And
iv. will not extend to the information, systems or facilities of other Professional Users of Inatysco or its third party infrastructure providers.
Any information provided by Inatysco under this section constitutes confidential information of Inatysco.
3.7 Data protection impact analysis
To the extent that Inatysco is required to do so under the Personal Data Protection Regulations, at the request of the Professional User and at the expense of the latter, Inatysco will provide the Professional User with reasonable cooperation and assistance necessary to fulfill the Professional User's obligation to carry out a data protection impact assessment relating to the Professional User's use of the Services, to the extent that the Professional User has not otherwise access to relevant information, and to the extent that this information is available to Inatysco.
3.8 Security incidents
In the event of a personal data breach, Inatysco undertakes to inform the Professional User of its occurrence as soon as possible after becoming aware of it. Inatysco also undertakes to communicate to the Professional User, as soon as possible after having become aware of it, any relevant information in its possession likely to enable the Professional User to notify said violation to the relevant supervisory authority or to the persons concerned, including the information referred to in Articles 33 and 34 of the GDPR and within the deadlines defined by the GDPR.
The liability of each party under this annex is subject to the exclusions and limitations of liability set out in the General Conditions concluded between the parties.
Inatysco's liability towards the Professional User in the event of violation of this appendix is limited in accordance with the General Conditions.
Inatysco is responsible for the acts and omissions of its subcontractors to the same extent as Inatysco would be under this annex if the act or omission were its own, but not to a greater extent.
For more information on the data processing carried out by Inatysco, the User is invited to consult the Inatysco confidentiality policy accessible at the following address: https://atom-transfer.com/en/ty7-privacy-policy