Terms

Introduction

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

The following terms of use (the “Terms of Use”) describe the rights and obligations of 1339 company, a French société par actions simplifiée, registered with the Registre du commerce et des sociétés of Troyes, under number 801 542 713, with a share capital of 13335 euros, whose registered office is at 2, rue Gustave Eiffel, 10430 Rosières Près Troyes, FRANCE, phone number: +33 972 568 664, email: webmaster@grytics.com, fax: +33 972 568 664, VAT number: FR 91 801542713 (the “Company”,”Ourselves”, “We” and “Us”) and the natural or legal person acting within its business (the “User”,”Client”, “You” and “Your”) who uses the website work.grytics.com and its related services such as APIs, operated by the Company (the “Website”) and the services offered on the Website and its related services such as APIs (the “Services”).

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

PRIVACY

PRIVACY STATEMENT

In order to run and manage the Site – acting as a controller of the “Loi Informatique et Libertés en date du 6 janvier 1978” (the French law of January 6, 1978 relative to Information Technology and Data Protection), as modified – the Company can collect the user’s (the « User(s)’s ») data.

The handling of data has been registered with the Commission Nationale de l’Informatique et des Libertés (CNIL, French national agency regulating data protection) under registration Nr.1759820.

The Company pays the highest respect to privacy and takes all necessary measures to guarantee the confidentiality and the security of the User’s data.

We will not use the information collected in any way, shape, or form for any other purpose than delivering the service. In addition, any other material you provide us will be held in the strictest confidence.

However, even if you opt out of receiving any communications from the company, we reserve the right to contact you regarding your account status or any other matter that might affect our service to you and/or our records on you.

The company calculates a number of broad measures (e.g. engaged users) based on aggregated data. We reserve the right to provide our customers with broad benchmarking information that does not in any way, shape or form identify organizations or individuals.

COLLECTED DATA

When Users are browsing the Site and/or requesting services (the « Services ») available on the Site, the Company can collect the following User’s data :

  • Surname, first name, email address, IP addresses.

The Company is using the User’s personal data for the following purposes :

  • Receiving and acknowledging User’s Services inquiries ;
  • Orders management and processing ;
  • Service delivery ;
  • Information about the Company, the Services and activities ;
  • Addressing the User’s questions/inquiries ;

COOKIES

While Users are browsing the Site, the Company can be using cookies that are stored on the User’s hard drives.

When Users go to the Site for browsing, the Company will ask Users, in a banner on the Site’s Home Page, if they accept the use of cookies on their computer. By browsing the Site, Users expressly accept the installation of cookies on their computer.

If the Users ultimately would not give their consent to the Company, Users will have to change their browser settings in order to stop using cookies during their Site visit. In that case, it is possible that some of the Site features will be made unusable.

COMMUNICATIONS FROM THE SITE

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.

Based upon the personally identifiable information you provide us, we may send you a welcoming email. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.

USER’S RIGHTS

According to the “Loi Informatique et Libertés en date du 6 janvier 1978” (French law ruling online privacy from January 6, 1978) as modified, Users shall be informed that they have the right to access, rectify, delete and oppose on proper grounds the use of their data. Users can exercise their legal rights towards the Company by writing to the following email address: webmaster@grytics.com.

 

LEGAL DISCLAIMER

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.

 

GENERAL SECURITY POLICY

The company is aware of your privacy concerns and strives to collect only as much data as is required to make your experience as efficient and satisfying as possible, in the most unobtrusive manner as possible. We follow generally accepted industry standards to protect any personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on the Services, you can send email us at support@grytics.com

INTELLECTUAL PROPERTY RIGHTS

All the rights, including all the proprietary and intellectual rights on the Services, the Website, all the elements used by the Company to provide the Services and the Website, such as the names, logos, signs, trademarks, and notably “1339”, “Grytics” or “work.grytics.com” signs, software, source code, databases, technologies, methodologies, know how, equipment, graphics, documents, photographs, stylized letters or infrastructure, or any work, creation or patent, designs and models are and remain the sole and exclusive worldwide property of the Company.

The Company grants the User a non-exclusive, non-transferable license to access and use the Website and the Services in compliance with the purpose and the provisions set out in the Subscription or any offer chosen by the User. This license is strictly personal and cannot be transferred or otherwise assigned to third parties. This license is granted only for the terms of the Website and Services, as provided by the Subscription or the user’s chosen offer. This duration shall not exceed the legal duration applicable to copyright protection.

All rights not expressly granted to the User are reserved by the Company. The User shall especially not copy, represent, reproduce, duplicate, publish, edit, transmit, translate, decompile, decode, disassemble, reverse-engineer, export, distribute, display, remove, delete, modify, adapt, and more generally carry out any work taking as a basis the Website or Services, neither sell all or part of the Website or the Services. Downloading or copying element of the Website will not grant any title or right on any elements or software.

 

 

TERMS OF SERVICE

USERS OBLIGATIONS

The User shall abide by the Terms of Use and use the Services in observance with the Terms of Use, and with the applicable laws and regulations.

In particular, the User shall not upload any detrimental, libelous, insulting, discriminating or illegal opinions or comments against the Company and the Services on the Website, on any blog or social network and more generally on any means of communication.

The Company shall not be held liable for abusive use of the Services by the User.

The User shall use the Services in accordance with all laws, rules and regulations which are applicable in the country of destination. In particular, the User shall not, without limitation:

  • use forged electronic addresses;
  • use identity theft;
  • use the Services under a forged identity;
  • send spams or unsolicited mails, especially promotional;
  • not to disseminate messages or other content that is libelous, offensive, abusive, violent or promoting violence, obscene, racist, discriminatory, pornographic, pedophile, threatening, or encouraging discrimination or hatred based on race , religion, sex, or other, or encouraging crimes and offenses, crime apology, or promoting products or services the supply of which is regulated or prohibited, such as gambling;
  • use or display any elements that would infringe any intellectual right or any right of any third parties;
  • communicate unreadable writings;
  • use the Services in order to harm a third party;
  • forge or otherwise manipulate, in any way or manner, logins or headers of messages in such a way as to hide the origin of the content transmitted via the Services;
  • send, post, send by email or otherwise make available any document containing viruses or other computer codes, files or programs designed to interrupt, destroy or limit the functioning of a software, a computer system or a communication system;
  • use the Services in such a way as to disrupt, deactivate, overload or limit any other User’s or the Company’s computer servers or network connection;
  • use the services to intrude into third party’s computer system or to carry any activity that may damage, control, interfere any third party’s computer system and violate its integrity or security;
  • try to access without authorization to accounts, third parties computer systems or networks connected to a Company’s or a third party’s server by hacking, password research or any other means;
  • modify, adapt or hack the Website, or modify any other website so as to create the impression that it is linked to the Website;
  • collect or store personal data related to other Users, unless this is done in full compliance with the provisions of French Data Protection Law n°78-17 of 6 January 1978.

Whether the User notices such illegal behavior on the Website or when Services are used the User shall report them promptly and by any means to the Company.

The User shall inform the Company promptly about any complaint, claim or legal action issued by third parties linked to the use of the Services by the User.

EXCLUSIONS AND LIMITATIONS

The information on this website and the Grytics analytics platform, is provided on an “as is” basis. To the fullest extent permitted by law, the Services :

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

PAYMENT

Wire Transfer is the standard method of payment. Our Terms are payment in full within fourteen days. All goods remain the property of the Company until paid for in full.

Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing European Central Bank base rate on the outstanding balance until such time as the balance is paid in full and final settlement.

We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

 

 

AVAILABILITY OF FACEBOOK AND CHANGES TO THE FACEBOOK API

The company is using Facebook’s APIs to extract data from Workplace by Facebook, and we are bound by the terms and conditions for the use of these.

We do not provide warranties for the Facebook APIs, or the Facebook service in general. Changes to the Facebook APIs, and availability of Facebook may impact the availability of Grytics.

CANCELLATION POLICY

Minimum one month of notice of cancellation required. Notification for instance, in person, via email or mobile phone ‘text message’, or any other means will be accepted subject to confirmation in writing.

TERMINATION OF AGREEMENTS AND REFUNDS POLICY

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

DURATION OF DATA STORAGE

The User’s data is collected and stored for the period corresponding to the use of the Services by the User and will be deleted on the company servers from the date the User stops using the Services.

AVAILIBILITY

The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service, you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

JURISDICTION-APPLICABLE LAW

The validity and effects of the Terms of Use shall not be affected should one or several non-essential provisions be void for any reasons and notably following a change in law or regulation, or as a consequence of a court decision.

These Terms of Use shall be governed and construed by the laws of France, without regard to the conflict of law provisions.

If the User and the Company does not come into a settlement agreement, the User and the Company agree to irrevocably submit any dispute arising out of the interpretation or the performance of the Terms of Use to the exclusive jurisdiction of the Paris Courts, France.

The User is informed of the possibility to submit a dispute to a mediation procedure or any alternative dispute resolution procedure.

FORCE MAJEURE

In the event that a force majeure event as defined by French law and case law prevents the Company or the User from carrying out their obligations, the obligations of the Company and the User will be suspended for as long as the force majeure even lasts.

If the case of force majeure prevents the concerned party from carrying out its obligations for a period in excess of thirty (30) days, the party which obligations are not directly affected by the case of force majeure will be entitled to terminate the Terms of Use upon written notification to the other party. In this latter case, no compensation will be due by any of the parties.

MODIFICATION

The Company reserves the right to modify, at any time, all or part of the Terms of Use and/or the Services.

The Company will send an email to the registered User no later than one (1) month before the entry into force of such modifications, requesting the User to read and accept the new version of the Terms of Use.

If the User does not agree with such modifications, the User may terminate his or her Subscription via an email request to the address webmaster@grytics.com, no later than seven (7) days before the entry into force of the modifications. Such termination will take effect no later than the date modifications enter into force. In this case, the User will not be charged for his or her remaining payment.

The Company may unilaterally modify the Services or the Terms of Use to take into account technical evolution, as long as this does not entail any rise in price or impairment of the Services.

The Users will be informed of such evolutions by a publication on the Website or by any relevant means.

DATA PROTECTION

The Company shall comply with the applicable laws and regulations concerning data protection.

 

LANGUAGE

Users explicitly agree that these Terms of use are written in English. A translation in other languages is made available for information purposes only. In case of contradiction, only the English version will be deemed as evidence between the parties.

CONTACT AND REQUESTS

Should the User have any questions or requests or need any information, the User may at any time contact the Company’s Customer Service by email to the address webmaster@grytics.com or by phone : +33 972 568 664. The Company will do its best effort to process the requests under 48 hours following the User’s call or the User’s email reception.

The above Terms of Use are dated May, 1st 2017.