1.1The present general terms and conditions for the use of the services (hereinafter, the “General Terms and Conditions”) are provided by UBIAI LLC (hereinafter, still referred to as the “Company” or the “Service Provider”), a limited liability company.
1.2Its e-mail address is email@example.com.
1.3 The Company is the owner and publisher of the website accessible at https://ubiai.tools. The Site is hosted by AWS Amazon USA.
1.4 The Website offers the customer (hereinafter, the “Customer”) the possibility of using UBIAI services as paid subscriptions (with a 14-day free trial offer). These services consist in enabling the Client and its employees to annotate different documents online.
1.5 Before any attempt to use the Website, the Client must ensure that he has the technical and computer resources enabling him to use the Website and order the Services of the Website, and that his browser allows secure access to the Website. The Customer must also ensure that the computer configuration of its hardware/equipment is in good condition and free of viruses.
1.6 The content of the Website (technical documents, drawings, photographs, etc.) remains the property of the Company, the sole owner of the intellectual property rights to this content. Customers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
1.7 Cookies and statistical tools
1.7.2The Company also informs Customers that cookies record certain information that are kept in the computer equipment/materials memory. This information is used to improve the use and operation of the Website and the Company’s other services. An alert message prompts each person visiting the Website beforehand to confirm that he/she wishes to accept cookies. These cookies do not contain confidential information about Customers.
1.7.3The Customer going to the home page of the WebSite will be informed:
1.7.4To ensure the Client’s free, informed and unambiguous consent, the blindfold will not disappear until the Client continues to browse.
1.7.5Without the Client’s prior consent, cookies will not be stored and read:
1.8 Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older. Use of our Services requires a UBIAI account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
2.1 The purpose of these General Terms and Conditions is to define the rights and obligations of the parties in connection with the sale of the Services offered by the Service provided to the Client, whether such sale takes place online or by any other direct or remote means.
2.2 These General Terms and Conditions express all the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the Client is deemed to accept them without reserve.
2.3 These General Terms and Conditions prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reserve, to all services provided by the Service provider to Clients of the same category.
2.4 The Service Provider and the Client agree that these General Terms and Conditions exclusively govern their relationship. The service provider reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.
2.5 If a condition for the provision of services is not met, it will be considered to be governed by current practices.
2.6 These General Terms and Conditions of Services are communicated to any Customer who so requests, in order to enable him to place an order.
2.7 The Service provider shall be entitled to derogate from certain clauses hereof, depending on the negotiations conducted with the Client, by establishing specific conditions of sale, in particular under the terms of an estimate accepted by the Client.
These General Terms and Conditions concern the following Services: annotate differents documents online, available on the Website (https://ubiai.tools).
The services governed by the present General Terms and Conditions are those which appear on the Service provider’s Website and which are indicated as being performed by the Service provider or under its control. They are offered within the scope of the Service Provider’s availability.
The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this submission, the Service Provider may not be held liable for.
The Customer places his order online, from the online catalogue and using the form on the Website.
For the order to be confirmed, the Customer will have to accept, by clicking on the place indicated on the Website, the present General Conditions. Its acceptance will result in the sending of a confirmation email from the Service provider, in accordance with the conditions described below. The order will then be considered complete.
Orders for Entreprise Services are made by contacting the Service Provider’s sales department (by email: firstname.lastname@example.org), which will draw up and submit a quotation to the Customer, the acceptance and signature of which with that of these General Terms and Conditions shall constitute a final order.
Any order implies acceptance of the prices and descriptions of the services offered. In certain cases, in particular non-payment, incorrect address or other problem on the Customer’s account, the Service provider reserves the right to suspend the Customer’s order until the problem is remedied.
In the event that it is impossible to carry out the service, the Client will be informed by e-mail and, if possible, referred to a specific service proposal.
The cancellation of the order of this service and its possible refund will then be made, the rest of the order remaining firm and final.
For any question relating to the follow-up of an order, the Customer has a free online chat service with UBIAI’s customer service, open from 9am to 6pm. The Client may also exchange by email with the Service Provider at the following address: email@example.com.
The contractual information will be confirmed by e-mail at the latest at the time the services are started, to the address indicated by the Client in the order form or quotation accepted.
6.1For Services subscribed online, the online provision of the Customer’s bank details and the final validation of the order shall be deemed proof of the Customer’s agreement and shall be deemed to be:
6.2 In the event of fraudulent use of bank details, the Client is invited, as soon as this use is noted, to contact Ubiai customer service.
6.3 The computerized registers, kept in the Service Provider’s computer systems under reasonable security conditions, shall be considered as proof of communications, orders and payments made between the parties. The filing of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
7.1 The total amount of the Services subscribed is indicated in the summary of the order or quotation, before the Customer accepts these General Conditions, validates his order, enters and validates his invoicing details and makes the payment. This total amount is indicated in dollars, excluding and including all taxes.
7.2 Ubiai has the right to review its prices and implement them for each new order of Services, particularly at the end of a subscription.
7.3 Standard subscription prices The prices of the standard Services offered for direct online ordering are mentioned on the Website in the descriptions of the Services, in dollars and excluding tax and all taxes included, at the following address: https://ubiai.toolsPackage.
7.4 Entreprise subscription prices Quotations in response to requests for Entreprise Services (particularly for small, medium and large companies) or additional services (integration, developments, etc.) are based on the services subscribed and the number of employees of the Client benefiting from the services, as well as the settings requested, the experience of the personnel required, the level of competence and responsibility required; hourly rates are periodically reviewed.
Delays or other unforeseen problems, beyond the control of the Service provider and beyond its control, may result in additional fees that may be subject to additional invoicing. The Service Provider undertakes to inform the Client of these delays and/or problems as soon as they occur in order to be able to evaluate their consequences with him.
Invoices will be issued corresponding to the services provided and the disbursements incurred in advance and as they are carried out.
8.1 The purchase of the Services on the Website is payable in dollars.
8.2 The order for Standard Services is payable in cash on the day the services ordered are provided:
8.3 Orders for “Entreprise” Services or on quotation are payable with a 50% deposit at the time of order, and the balance when the Services are made available or at the end of their execution.
8.4 Payment is made by credit card. The Client may nevertheless pay by check or transfer by contacting the Service Provider (by email: firstname.lastname@example.org). For payment by credit card, the Website uses the security system of Stripe, a service provider specialized in securing online payment. This system guarantees the Client the total confidentiality of his banking information. The credit card transaction, carried out between the Client and the secure system, is therefore fully encrypted and protected. This means that the information related to the Order and the credit card number do not circulate on the Internet. The Client’s bank details are not stored electronically by UBIAI.
8.5 The Client guarantees UBIAI that it has the necessary authorizations to use the payment method when placing the Order.
8.6 UBIAI has the right to suspend or cancel any performance of the Service, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Customer to UBIAI, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Website and payment for an Order.
8.7 Late payment fees In accordance with the law, any delay in payment obliges the Service provider to charge interest for late payment at the rate of three (3) times the legal interest rate; in addition, the Service provider shall be entitled to suspend the execution of the services until full payment of the unpaid invoice without this non-fulfilment being considered as attributable to it. Any delay in payment shall result in the immediate payment of all sums due to the Service provider by the Customer, without detriment to any other action that the Service provider may take against the Customer in this respect.
8.8 Discounting No discount is provided for the benefit of the Client in the context of payments.
Our Services are provided “as is.” UBIAI and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither UBIAI nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
The contract subject hereof is concluded for the duration of the subscription and any additional services. This period is mentioned in the order and its confirmation, as well as in the quotations.
The contract terminates at the end of this period.
Automatic plan renewal is switched on for all monthly and annually users by default. You can choose to manually disable plan auto-renewal at any time in your account settings.
The Customer may subscribe to a new Service Agreement. To benefit from a continuity of Services, the Customer is invited to place his order as soon as possible, and at least one month before the end of the current contract. The customer can choose automatic renewal on the Website.
Except in cases of force majeure or during periods of closure clearly indicated on the Website’s home page, the deadlines for action will be as indicated below, within the limits of the Service provider’s availability.
The execution times start from the date of registration of the order indicated on the order confirmation email.
For orders placed entirely via the Website, the delay is immediate from the date of the order and its payment due at the time of ordering. To do so, simply login with your username and password to the Website.
For orders on quotation, services and access to the Services are provided within the time limits stated in the special conditions of the quotation (or the corresponding ad hoc contract).
In the event of delay, the Service Provider may not be held liable for any reason whatsoever. Consequently, no claim for compensation of any kind whatsoever may be made by the Customer.
In case the Service provider is unavailable to provide the service, the Customer will be informed as soon as possible and will have the opportunity to cancel his order. The Client will then have the possibility to request a refund of the sums paid within 30 days at the latest of their payment.
The Service Provider’s commitments constitute an obligation of means at the end of which the services will be performed in strict compliance with the professional rules in use and, where applicable, in accordance with the terms of the contract. To this end, the Service Provider shall assign to the performance of the services professionals with the necessary skills to ensure that they are performed in accordance with its quality standards.
In order to facilitate the proper execution of the services, the Client
13.2Services on quotation
Any services to be performed at the Client’s premises pursuant to an
estimate or special conditions agreed between the Parties shall be
performed at the address indicated by the Client on the contractual
document countersigned by the Client. The Customer shall ensure its
accuracy. Any travel in pure loss of the Service Provider due to an
incorrect or incomplete address will be invoiced to the Customer. The
Customer may indicate in his order an invoicing address different from
the address where the services are performed.
The Client shall ensure that the Service Provider is given access, in
particular if he is not personally present on the day the service is
The termination of the service will be recorded by an end of
intervention document. The Client must indicate on this document and in
the form of handwritten reservations accompanied by his signature any
discrepancy concerning the service or the conditions of its execution.
This verification is considered to have been carried out as soon as the
Client, or a person authorized by him, has signed the document at the
end of the intervention.
14.1Personal data In the course of its activity, the Service Provider may collect personal data, in particular those of its counterparts from the Client, as well as from the Client’s employees.
UBIAI is thus required to collect on the one hand,
The data are kept for as long as the Contract is in force and for a period of three months from the date of its termination.
The data are then filed and can only be returned in case of litigation, for the duration of the legal prescription period.
If the Client has subscribed to this service, the data may also be electronically filed with a trusted third party.
Each individual, representative or employee of the Client has the right to access, modify, rectify, delete and, where applicable, transfer personal data concerning him/her, in accordance with the provisions of the law relating to data processing, files and freedoms of 6 January 1978 in its version in force on the date hereof, and in accordance with the General Data Protection Regulations (GDPR).
When the Service provider acts as Data Controller, the right of access, modification, rectification and deletion provided for in the previous paragraph shall be exercised with the customer service at the following email address: email@example.com
In turn, the Client expressly confirms to the Service Provider that all personal data entrusted to it by the Client for processing, with a view to managing the expense reports of its employees in its name and on its behalf, has been collected in accordance with the regulations applicable at the time of their collection. In this respect, the Client shall provide, at the request of the Service Provider, all relevant information as soon as possible, making it possible to demonstrate compliance with the regulations and attesting to the consent of employees to the collection of their data.
As such, the Client guarantees the Service Provider against any recourse, complaint or claim from a natural person whose personal data is reproduced and hosted via the Application Service.
Data processing The Client is responsible for any editorial responsibility for the use of the Application Services.
The Client is solely responsible for the quality, lawfulness and relevance of the data and content it transmits for the purpose of using the Application Services. It also guarantees to be the owner of the intellectual property rights allowing it to use the data and content. Consequently, the Service Provider declines all responsibility in the event of non-compliance of the data and/or content with laws and regulations, public order or the needs of the Client.
The Client guarantees the Service Provider at first request against any damage resulting from a third party’s claim for a breach of this guarantee.
Generally speaking, the Customer is solely responsible for the content and messages broadcast and/or downloaded via the Application Services. The Customer remains the sole owner of the data constituting the content of the Solutions.
Data Security Subject to the “Liability” Article, the Service provider undertakes to safeguard the integrity and confidentiality of the data contained in the Solutions. The Service provider shall put in place technical and organizational measures to prevent any access or fraudulent use of the data and to prevent any loss, alteration or destruction of the data.
In the event of a proven breach of security of the data for which it is responsible, it will inform the Client responsible for processing as soon as possible in order to enable the latter to fulfil its obligation to notify the persons concerned.
Confidential information Each party undertakes not to disclose confidential information received from the other party.
Confidential information refers to information of any kind, visual or oral, on any medium whatsoever, relating to the structure, organization, business, various internal policies, projects and personnel of each party. Subject to the exceptions referred to below, this confidentiality obligation shall remain in effect for a period of ten (10) years following the termination of the benefits.
The content of the services as well as the reports, letters, information, notes, quotations provided by the Service Provider during the performance of the services shall also be confidential. These documents are communicated to the Client for strictly internal use and on condition that they are not disclosed to third parties or attached to a document that the Client may produce. If the Client wishes all or part of these documents to be disclosed to and/or used by a third party, he must request prior written authorization from the Service Provider. The terms and conditions applicable to this disclosure will then be determined.
Information Excluded The obligations and restrictions set out above do not apply:
Subject to its obligations of confidentiality, the Service provider reserves the right to perform services for companies competing with the Customer’s.
Other obligations The Client acknowledges and accepts:
In the event that one of the Service Provider’s recommendations or the use of elements delivered as a result of one of its recommendations involves the use of goods, models, drawings, photographs, etc. that are the subject of intellectual property rights belonging to third parties, the Service Provider shall inform the Client of the existence of these rights and the consequences of their use. It shall then be the Client’s sole responsibility to take any measure allowing the use of such rights, in particular by negotiating on its own behalf the rights of use under conditions such that the Service Provider is able to avail itself of them for the purposes of the services.
For the specific needs of the services, the Service provider may use or develop software, including spreadsheets, documents, databases and other IT tools.
In some cases, this assistance may be made available to the Customer upon request. Insofar as these tools have been developed specifically for the needs of the Service Provider and without regard to the Client’s own needs, they are made available to the Client as they stand and without any attached guarantees, for use only; they may not be distributed, shared or communicated to third parties, in whole or in part. This temporary provision will not entail any transfer of rights or guarantees, whatever the title, to the benefit of the Client or the third party.
The Service provider reserves all right, title and interest in:
The Client may, without geographical limitation, free of charge and irrevocably, use internally and for the duration of copyright protection, the elements designed by the Service Provider and integrated into its work. The Client undertakes not to distribute, market, and more generally to make available or grant the use of these same works and more generally to grant the use of these same elements to third parties without the Service provider’s consent.
Neither party may mention or use the other party’s name, denomination, trademarks and logos or other designations, commercial or not, without the prior written consent of the other party.
Notwithstanding the foregoing, the Service provider may use the name, denomination, trademarks and logos of the Customer during the term of the contract to the extent that is strictly necessary for the performance of the services, including in subsequent service proposals.
In addition, the Client authorises the Service Provider, at the end of the performance of the services, to quote his name/denomination for reference purposes and to accompany this quote, where applicable, with a generic description of the services provided.
The Service Provider shall keep the original documents provided to him, and shall return them to the Client, at his request. All documents, data or information provided by the Client shall remain the property of the Client.
The Service Provider shall keep a copy of the only documents necessary for the constitution of its working files.
The working documents prepared by the Service Provider as part of the services are its property and are covered by professional secrecy.
Reversibility occurs when the contractual relationship ceases regardless of the cause of the term. Reversibility aims to enable the Customer to recover all the data and information included in the solutions under the best conditions.
Where the Service provider’s services have been subscribed in their basic version, i.e. as part of the standard packages offered online, reversibility is extremely simple, as indicated in section (1) of this article (below).
The data formats used by the Service provider to perform the Services and reversibility services are jpeg or png and Zip for images and Microsoft Excel and PDF for documents.
When, in response to the Customer’s needs, the technology implemented is more complex (see section 2 below), involving, for example, converting the data format, verifying the integrity of the data and establishing a parallel execution mode until the conversion is completed, the Customer expressly agrees, and in advance, that the reversibility of its data is subject to a supplementary contract under the conditions specified hereunder ( Section 2).
18.1When the contract ends, for whatever reason, the Client has three (3) months to recover his data by downloading them from the Service Provider’s platform directly via the option provided for this purpose by the Site.
18.2Customers benefiting from a contract concluded otherwise than by subscribing to the basic packages offered online and/or requiring assistance from the Service Provider in the recovery of their data may obtain the reversibility of their data under the following conditions:
18.2.1Customers will have a period of three (3) months to contact the Service Provider in order to agree on the terms and conditions of the reversibility services and in particular the Service Provider’s remuneration for this assignment based on the Service Provider’s rate in effect at the time of notification of reversibility.
18.2.2In the event of termination of the contractual relationship, whatever the cause, the Service provider undertakes to return[or possibly destroy, at the Customer’s choice],[free of charge or at the rate in force at the time of notification of reversibility], at the first request of the Customer made by registered letter with acknowledgement of receipt and within thirty (30) days of receipt of such request, all data belonging to it in jpeg or png and Zip formats for images and Microsoft Excel and PDF for documents.
18.2.3The Customer shall actively cooperate with the Service provider to facilitate data recovery.
18.2.4The service provider shall ensure that the Customer can continue to use the data, without interruption, directly or with the assistance of another Provider.
18.2.5During the reversibility phase, the commitment levels of [Quality Charter or SLAs] will be reviewed.
18.2.6Upon request and subject to additional invoicing, the Service provider may provide the service of reloading the Customer’s data onto the system selected by the Customer, at the Customer’s expense to ensure the full compatibility of the whole.
18.2.7At the Client’s request, the Service Provider may provide additional technical assistance services to the Client and/or to the third party designated by him, within the framework of reversibility. These assistance services will be invoiced at the Service Provider’s rate in effect at the time of notification of reversibility.
18.3Customers who have subscribed to the probative value archiving service may recover the data from this archiving under the following conditions:
The Client may leave his data archived, the end of the contract with the Service Provider does not impact the legal archiving period of the supporting
18.4In the event of a tax audit, or for any other reason, the recovery of data by the Client may also take place at any time during the performance of the Contract, under similar conditions.
18.5The Client accepts that the Service Provider may keep his data after having made them anonymous for the strict purpose of improving the Service Provider’s services.
In the event that a conflict of interest or independence issue arises during the performance of the services, the Service Provider shall immediately inform the Client and seek with him the most appropriate solution to the situation in compliance with the applicable rules. More particularly, if a change in regulations or professional standards prevents the Service Provider from continuing its services, it shall make the results of the services and all documents necessary for their completion available to the Client, including its current Documents, and this, in order to facilitate its prosecution by a third party.
The full liability of the Service provider and its employees for any failure, negligence or fault found in the performance of the services shall be capped at the amount of the fees paid for the services in question, in order to cover claims of any kind (including interest and costs), regardless of the number of actions, grounds invoked, or parties to the disputes.
This stipulation shall not apply to liability for death or personal injury, nor to any other liability that cannot be excluded or limited by law.
The Service provider may only be held liable in the event of proven fault or negligence and is limited to direct damage to the exclusion of any indirect damage of any kind whatsoever.
In addition, the Service Provider may not be held liable in the following cases:
The Service provider shall not be liable to its insurers for any indirect damage, loss of profit or loss of opportunity or expected profits, or for the financial consequences of any actions brought by third parties against the Client.
The Service provider reserves the right to transfer all or part of the performance of the services to Service provider’s meeting the same qualification criteria.
If the service requires particular technical skills, the Service provider shall inform the Client of the possibility of subcontracting part of it. The subcontractor shall then act under the sole responsibility of the Service provider and shall undertake to keep confidential all information of which it has knowledge during the performance of the services.
UBIAI treats all customer data submitted to our platform as confidential. The UBIAI application ensures that access is administered only to authorized users through access control management and monitoring. All labeled data, metadata and private user information hosted by UBIAI are encrypted at rest using AES-256. UBIAI uses AWS for cloud storage, which means that your data will be encrypted on the server-side using AWS’s default encryption keys. Data is automatically decrypted when read by an authorized user using KMS-based protections. Data is encrypted via Transport Layer Security when in transit between customers and UBIAI’s servers. Once data is within UBIAI’s internal network, port restrictions ensure data is transmitted over protected channels such as HTTPS and SSH. In order to apply best security practices, UBIAI customers have the option to to host the app on-premise themselves on their choice of server. At UBIAI, we have implemented a variety of access controls when provisioning administrative roles and associated privileges. We approach customer data under least privilege and need-to-know bases as well as log access to environments in our cloud infrastructure for monitoring and security purposes.
All claims, whether amicable or judicial, relating to the performance of the services must be made within one year of the end of the performance of the service.
The Customer has a period of 14 working days from the date of conclusion of the contract, i.e. acceptance of the present terms and conditions as part of his order, (Except tacit renewal) to cancel an order.
The Customers benefiting from the right of withdrawal are:
However, this right of withdrawal is excluded for service contracts, the performance of which has begun, with the agreement of the Client, before the end of the withdrawal period
The Customer may waive the right to continue his or her experience with the Services if he gives 14 day notice before the start of the next month subscription, so that it does not cost him or her anything. To not proceed with the free trial, the customer has to cancel the subscription in the plan and billing page. If he wants to follow up, he can subscribe online or contact the sales department.
The right of withdrawal can be exercised online, using the retraction form available in Annex 1. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the Client. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the willingness to retract.
Professional Customers other than those referred to in the second paragraph of this article do not benefit from the right of withdrawal provided for by the Consumer Code. However, they benefit from the 14-day trial period offered by the Service Provider.
Payment that is already processed will not be refunded. The subscriber need to inform the service provider 14 days before the start of the new month in order to cancel the subscription.
Any circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, shall be considered as grounds for exemption from the parties’ obligations and shall entail their suspension.
The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure shall be considered to be any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the United States courts: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to the Customers.
The parties will approach each other to examine the impact of the event and agree on the conditions under which the contract will continue to be performed. If the case of force majeure lasts for more than three months, these General Terms and Conditions may be terminated by the injured party.
If one or more provisions of these General Terms and Conditions are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these General Terms and Conditions shall not be interpreted in the future as a waiver of the obligation in question.
In the event of any difficulty of understanding between any of the titles at the top of the clauses, and any of the clauses, the titles will be declared non-existent.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Deleware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Deleware.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and UBIAI reserves the right to terminate accounts or access of those in the event of a breach of this condition.
The parties undertake to seek an amicable solution to any dispute that may arise from the performance of the services.
You agree to indemnify and hold harmless UBIAI, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
33.1Arbitration Agreement Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
34.1The Company attaches great importance to respect for privacy and takes all necessary precautions to ensure the confidentiality and security of Clients’ personal data.
34.2The Company collects and processes Clients’ personal data for the following reasons:
34.3More precisely, the Company collects and processes the personal data of Customers and users of its services in the context of the provision and improvement of its services, for the following purposes (i) and with the following means (ii), and for the following information (iii):
34.4 Data relating to the management of Customers’ personal data are kept for the strictly necessary legal period. They are only kept by the Service Provider for longer than this period after they have been made anonymous and for the purpose of improving its services.
34.5 Customers’ personal data are processed by the Company’s sales department as well as by the Company’s partner companies and subcontractors.
34.6 The Company may also disclose personal data in order to cooperate with administrative and judicial authorities, in accordance with the Law.
34.7 The Company takes care to secure Customers’ personal data in an appropriate and appropriate manner and has taken appropriate precautions to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons.
34.8 Responsibilities of Customers
34.9 In the event of termination of the contract or closure of the account, the host must keep for one year from the day of termination of the contract or closure of the account the information provided when a contract (Order) is concluded by the Customer or when an account is created, namely:
34.10Each computer connected to the Internet network has an IP address. As soon as a Customer browses the Site, the Company collects the Customer’s IP address in order to analyse the traffic on the website and to monitor the Customer’s activity on the Site in order to ensure that the Customer does not carry out any actions likely to affect the General Conditions of Use of the website.
34.11Finally, in accordance with the Data Protection Act of 6 January 1978, Customers have the right to access, rectify, delete and oppose for legitimate reasons the processing of their data collected and processed by the Company, by contacting the Company directly at the following email address: firstname.lastname@example.org
34.13SECURITY The Client undertakes not to compromise the security of the website. To this end, he undertakes not to proceed with any fraudulent access and/or maintenance in the Company’s information system. Nor may the Client interfere with or hinder the Company’s information system. Failing this, the Company may take any measure against it and in particular engage its criminal liability.
34.14.1 By ticking the box provided for this purpose or by expressly giving his consent for this purpose, the Client accepts that the Company may send him, at a frequency and in a form determined by the Client, a newsletter (information letter) which may contain information relating to his activity.
34.14.2 When the Customer ticks the box provided for this purpose in the registration process on the website to place the Order, he accepts to receive commercial offers from the Company for products similar to those ordered.
34.14.3 Subscribing members will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose in each of the newsletters (newsletters).
Name First name sender
Name First name recipient
Subject: Cancellation of my order
You will find attached (specify the product) that I received on (date) following the order (number) that I had placed remotely (specify by internet or by mail) In accordance with legal provisions, please reimburse me for the sum of xxx, the total amount of this order. (polite formula)
Your letter must be sent by registered mail with acknowledgement of receipt, indicating your name and address at the top left, the company at the bottom right, and possibly the order references and the list of attachments.