General Terms & Conditions
Entry into force: 2026-02-03
#1. Purpose
The company BIRDSIGHT (hereinafter referred to as "QOVERY") exploits the website www.qovery.com (hereinafter referred to as the "Website") through which it offers to its customers through an API or the tool https://console.qovery.com (hereinafter together referred to as the "Platform") enabling them to deploy their applications on their cloud provider (hereinafter referred to as the "Applications").
The purpose of these general terms and conditions (hereinafter referred to as the "General Terms and Conditions") is to define the terms and conditions of the services provided by QOVERY through the Platform (hereinafter referred to as the "Services") as well as to define the rights and obligations of the various parties within this context.
These General Terms and Conditions can be accessed and printed at any moment from a direct link on the Website.
#2. Manager of the Website and Services, Contact Details
The Website and the Services are managed by QOVERY, a French simplified joint stock company, registered under number 852 571 108 with the Registry of Trade and Companies of Paris, whose head office is located at 128 rue de la Boétie, 75008 PARIS.
QOVERY can be contacted through any of the following channels:
Email address: [email protected]
#3. Contractual documents
The contractual relationship between the Customer (as defined below) and QOVERY is governed, in descending hierarchical order, by the following documents:
If applicable, the quotation (the "Quotation")
- It's based on the Customer's requests.
- The Customer must accept it in writing (including by email) within 30 days of its issue.
- This acceptance implies acceptance of the Terms and Conditions in their version in force at the date of the Quotation.
- In case of contradiction, the Quotation shall prevail over the Terms and Conditions.
- In case of contradiction, the most recent Quotation shall prevail over the oldest one(s).
The terms and conditions of use (the "Terms and Conditions")
They define:
- The terms of use of the Services,
- The respective obligations of the parties.
The Customer can find them via a direct link at the bottom of the Platform page.
#4. Access to the Website and Services
#4.1 Legal capacity
The Website and the Services can be accessed by:
- Any person having the full legal capacity to be bound by these General Terms and Conditions. Any person who does not have such full legal capacity may only access the Website and the Services with the agreement of their legal representative.
- Any entity acting through a person having full legal capacity to contract for and on behalf of the entity.
#4.2 Website and Services for professional and personal use
The Website and the Services are designed and meant for:
- Professional customers, understood as any natural or legal person exercising a remunerated activity on a non-occasional basis in all sectors of industry and commerce (hereinafter referred to as the "Professional Customers") and,
- Individual customers (hereinafter referred to as the "Individual Customers").
(hereinafter together referred to as the "Customers").
#5. Acceptance of the General Terms and Conditions
These General Terms and Conditions can be accepted by checking a checkbox in the registration form.
This acceptance can only be full and complete. Any qualified acceptance is considered as null and void. Customers who do not accept to be bound by the General Terms and Conditions must not access the Website or use the Services.
#6. Registering
#6.1
In order to use the Services, Customers must be registered on one of the third-party sites listed on the Website, use their login details from the selected third-party site. Customers expressly authorise QOVERY to access their account data on the relevant third-party site.
Customers must provide QOVERY with all information that is marked as required – included a valid mean of payment - and select the chosen offer. Incomplete registrations shall not be validated.
Registering automatically entails the opening of an account in the Customer's name (hereinafter referred to as the "Account"), giving Customer access to the Services in a format and according to the technical means that QOVERY deems the most appropriate for providing the said Services.
#6.2
Customers guarantee that all information they provide in the registration form is exact, up to date and sincere and is in no way misleading or dishonest.
They agree to update this information in their Account in the event that any of it should change in order to continuously meet the above-mentioned criteria.
Customers are hereby informed and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by Customer shall be binding upon confirmation.
#6.3
Customers agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.
Any access to the Account using the connection ID for the third-party site is deemed to be made by the Customer. The Customers shall contact QOVERY immediately through any of the channels mentioned in Article 2 of these General Terms and Conditions, if it notices that their Account has been used without its knowledge. The Customers acknowledge QOVERY's right to take all measures it deems appropriate in a case such as this.
#7. Creation of Users' accesses
Once the Account has been created by the Customer, the Customer may freely create accesses for users ("Users") up to the number provided for in the subscribed Services.
The Customer is solely responsible for creating access for Users and for their personal use of the Services.
#8. Services
#8.1 Description of the Services
QOVERY's offers are described on the Website, knowing that four different offers are proposed:
- The "User" offer,
- The "Team" offer,
- The "Business" offer, and
- The "Enterprise" offer.
The Platform allows Customers to deploy their Applications through its various functionalities, the type and number of which will depend on the offer chosen by the Customer.
Customers have access to the Services through the Platform and that they must integrate into their IT system. The link to the Platform and the related integration documentation are provided on the Website.
Customers have access to the Services, in a format and according to the technical means that QOVERY deems the most appropriate.
#8.2 Hosting of the Website and the Platform
QOVERY undertakes to ensure, under the terms of an obligation of means, the hosting of Accounts and any content published by the Customer on its Account in accordance with the practices of the profession and the state of the art, on its own servers or by a professional hosting provider, carrying out its activity in accordance with the practices of the profession and the state of the art.
In this context, QOVERY undertakes to provide the Customer with sufficient storage and processing capacity within the framework of the Services, in accordance with professional practice and the state of the art.
QOVERY undertakes to implement all technical means, in accordance with the state of the art, necessary to ensure security and access to the Services, relating to the protection and monitoring of infrastructures, the control of physical and/or intangible access to said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect servers from malicious acts.
QOVERY also undertakes to take all useful precautions, in view of the nature of the data and the risks presented by the automated data processing implemented for the purposes of the Services, to preserve the security of the data, and in particular to prevent it from being distorted, damaged or accessed by unauthorized third parties.
#8.3 Maintenance
During the duration of the Services, the Customer benefits from maintenance, in particular corrective and evolutionary maintenance. In this context, access to the Website and the Platform may be limited or suspended.
Concerning the corrective maintenance, QOVERY shall make its best efforts to provide the Customer with corrective maintenance in order to correct any malfunction or bug found on the Website and the Platform.
Concerning the upgradable maintenance, the Customer will benefit for the duration of the Services:
- improvements to the functionality of (i) the Platform and the (ii) infrastructure deployed by QOVERY on the Customer's cloud provider and/or technical facilities used in connection with the Platform to introduce minor extensions. QOVERY may make these automatically and without prior notice and,
- additions of new functionalities of the (i) Platform and the (ii) infrastructure deployed by QOVERY on the Customer's cloud provider and/or the technical facilities used in connection with the Platform ("New Release"). QOVERY will notify the Customer in advance of any New Release that may interrupt the Services.
#8.4 Statistics and consumption
The Customer has access to statistics on the use of the Services on its Account in a form and according to the functionalities and technical means that QOVERY deems most appropriate.
The Customer also has access to the evolution of its consumption of use of the Services.
#8.5 Technical assistance
QOVERY offers to the Customer technical assistance accessible by the Qovery Forum (https://discuss.qovery.com/), enabling it to declare any difficulty encountered when using the Services.
#8.6 Other Services
QOVERY reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said Service.
#9. Term of the Services and unsubscription
Customers subscribe to the Services in the form of a subscription (hereinafter referred to as the "Subscription").
Subscription to Services is taken out for:
- a term of unlimited duration or
- for the term indicated in the Quotation (the "Period").
Customers can opt out of the Services at any time from their Account. QOVERY will get in touch with the Customer to confirm his request.
Their Subscription shall be cancelled within a maximum of 14 days from the date of this request. This shall cause the automatic deletion of their Account.
#10. Financial Conditions
#10.1 Price of the Services
The price of the Services subscribed by the Customer is indicated: (i) if applicable, in the Quotation, or (ii) in case of self-service subscription, on the Platform.
QOVERY reserves the right, at its own discretion and according to terms and conditions of which it shall be the sole judge, to propose promotional offers, price reductions or free Subscription periods.
If the Customer subscribed to the Services for a specified term, any Period started is due in full.
#10.2 Terms of payment
QOVERY shall send an invoice to the Customer, by any means deemed useful, on the due date for payment of the price.
The Customer shall make payment by any means deemed useful by QOVERY and in particular by credit card or bank transfer to the bank details indicated on each invoice.
The Customer guarantees QOVERY that it has the necessary authorisations to proceed with the payment of the price.
The Customer has a payment period of 30 days from the issue of the invoice.
#10.3 Payment delays and incidents
The Customer is hereby informed and expressly agrees that any payment delay of all or part of any payable amount due to QOVERY at its due term shall automatically entail, and from the day following the payment date indicated on the invoice:
1. The forfeiture of the term of all amounts payable by the Customer and their immediate playability, regardless of the terms of payment that had been provided;
2. The immediate suspension of the Services and access to the Website until full payment of all amounts due;
3. When the Customer is a Professional Customer, invoicing of a late payment interest, for QOVERY's benefit, at the rate of 3 times the legal interest rate, calculated on the total of all amounts due by the Professional Customer in question and a flat indemnity of 40 euros as recovery fees, without prejudice of any further compensation in the event effective recovery fees should be higher than this amount.
#11. Agreement in relation to proof
Customers expressly acknowledge and accept that:
1. Data collected on QOVERY's Website and its computer equipment attest to the reality of the transactions performed in the context of these Terms and Conditions and,
2. This data is the main means of acceptable proof between the parties.
#12. Obligations for Customers
Without prejudice to other obligations provided for in these Terms and Conditions, Customers undertake to respect the following obligations.
#12.1
Customers agree, in their use of the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
It is solely responsible for its use of the Services.
#12.2
Customers agree to provide QOVERY with all information necessary for the proper performance of the Services. More generally, Customers agree to actively cooperate with QOVERY with a view to ensuring the proper performance of these Terms and Conditions.
#12.3
Customers are solely responsible for the documents, elements, data, information and any content that it provides to QOVERY in the context of the use of the Services. Customers guarantee to QOVERY that it is authorized to provide it with these elements and that it has all the rights and authorizations necessary for their use in the context of the Services.
#12.4
Customers acknowledge to be aware of the Platform and Services and their characteristics.
#12.5
Customers undertake to make strictly personal use of the Services. Consequently, it undertakes to refrain from assigning, conceding or transferring all or part of its rights or obligations hereunder to a third party, in any manner whatsoever.
#12.6
Customers are solely responsible for the contents of whatever nature (editorial, graphic, audio, audiovisual or otherwise) that they display on the Website and the Platform (hereinafter referred to as the "Content") and any consequences.
Customers accept that the Content published on the Website and the Platform is made public by default and is likely to be seen by other Customers of the Website and the Platform.
#12.7
Customers guarantee QOVERY that they have all the necessary rights and authorizations for the publication of this Content. Customers agree that this Content is legal, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third party rights or legal provision and / or regulation, and, more generally, is in no way likely to bring the civil or criminal liability of QOVERY into play.
Customers therefore agree to refrain from publishing, in particular, but not limited to:
- Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, slanderous, or of a violent, racist, xenophobic or revisionist nature,
- Counterfeit Content,
- Content that is detrimental to the image of any third party,
- Content that is false, misleading or proposing or promoting unlawful, fraudulent or misleading activities,
- Content that could harm a third party's computer system (such as viruses, worms, Trojan horses, etc.),
- And, more generally, any Content that is likely to infringe on the rights of others or cause harm to others in any manner or form.
#13. Customers' Guarantee
Each Customer agrees to defend, indemnify and hold QOVERY harmless from and against any claims, demands, actions and/or grievances whatsoever, that QOVERY could incur as a result of a breach by the Customer in question of any one of its obligations or guarantees under these Terms and Conditions.
Customers agree to compensate QOVERY for any prejudice that the latter could be subject to, and to pay any costs, liabilities, charges and / or convictions that the latter could incur, as a result of such a breach.
#14. Liability and guarantee of QOVERY
#14.1
QOVERY agrees to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this without any obligation of result, and this is expressly acknowledged and agreed by Customers.
#14.2
QOVERY intervenes exclusively for the purpose of providing the Services described in these General Terms and Conditions.
#14.3
QOVERY undertakes to make its best efforts to comply with the timetable indicated to the Customers in the Quotation. However, the Customer is expressly informed and accepts that these deadlines are provided for information purposes only, and that QOVERY shall not be held liable in the absence of any fault on its part for failure to comply with them. The Customer is furthermore informed and accepts that any delay attributable to it shall postpone the agreed delivery dates by the same amount.
#14.4
QOVERY does not guarantee the Customer that the Services offered will satisfy all of its needs and expectations.
#14.5
QOVERY shall not be held liable for decisions taken by the Customers or by any third party designated by the Customers. Likewise, QOVERY may not under any circumstances be held liable for the Content published by the Customers on the Website and/or the Platform, over which it exercises no control, verification or moderation of any kind.
#14.6
QOVERY shall not be held liable for momentary difficulties or impossibilities in accessing its Website or Platform due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunications networks, as Customers are informed of the complexity of the global networks and the influx of Internet Customers at certain times of the day.
#14.7
The Services are provided by QOVERY as is and without any guarantee of any kind, whether express or implicit. In particular, QOVERY does not guarantee to Customers (i) that the Services, which are subject to constant research in order to improve their performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way proposed solely for the benefit of a given Customer according to his own personal constraints, will specifically meet his needs and expectations.
#14.8
QOVERY's liability is limited solely to proven direct damages suffered by the Customer as a result of using the Services.
With the exception of bodily injury, death and gross negligence, and subject to having made a claim by registered letter with acknowledgement of receipt, within a period of one month following the occurrence of the damage, QOVERY's liability toward Professional Customers shall not exceed the amounts received by QOVERY during the 12 months preceding the event giving rise to liability or the duration of provision of its Services, whichever is the shorter.
#15. Prohibited behaviour
#15.1
It is strictly prohibited to use the Services to the following ends:
- Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,
- Violating public order or any local policy or laws,
- Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party's computer system, violating its integrity or its security,
- Sending unsolicited emails and / or prospecting or commercial solicitation,
- Tampering with the aim to improve referencing of another site,
- Using the Website and the Platform for the release of information or links to third party websites,
- Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,
- And more generally, any action that uses the Services for any other purpose than that for which they were designed.
#15.2
Customers are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology or any other component of QOVERY's Website and Platform.
#15.3
The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Services, (ii) any hacking or attempts to hack into QOVERY's IT systems, (iii) any hijacking of the Website's system resources, (iv) any acts that would place a disproportionate load on the Platform and Website's infrastructure, (v) any attempts to breach the Platform and Website's security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of QOVERY or of the Customers of its Website and finally, more generally, (vii) any breach of these General Terms and Conditions.
#15.4
It is strictly prohibited to make money from, sell or concede all or part of one's access to the Services or to the information that is hosted and / or shared on the Website and the Platform.
#16. Sanctions for breaches
In the event of a breach by a Customer of any of the provisions of these Terms and Conditions or more generally of any infringement by the former of any laws and regulations in force, QOVERY reserves the right to take any measures it deems appropriate and in particular:
1. to suspend, cancel or prevent access to the Services for any Customer who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
2. to delete all Content related to said breach or the infringement, in total or part,
3. to publish on the Website or/and the Platform any related informational message that QOVERY deems useful,
4. to take any appropriate measures and to commence and prosecute any legal proceedings,
5. to inform, where appropriate, any relevant authorities, to cooperate with them and to provide them with all information that may be required for the investigation and the repression of illegal or illicit activities.
The Customer is informed and accepts that any failure to fulfil its obligations may result, in addition to the consequences provided for above, in the immediate termination of the Terms and Conditions by QOVERY, by any written means.
#17. Confidentiality
Each party undertakes to keep strictly confidential the documents, elements, data and information of the other party which it may receive which are expressly identified by the other party as confidential.
As far as QOVERY is concerned, the parties expressly agree that this obligation of confidentiality shall cover the personal data that it will be required to process for the Customer within the framework of the Services.
All of this information is hereinafter referred to as "Confidential Information".
The party receiving Confidential Information undertakes not to disclose it without the prior consent of the other party for a period of 3 years from the end of the performance of the Services concerned.
It may only transmit them to employees, collaborators, trainees or consultants if they are bound by the same obligation of confidentiality as provided for herein. This obligation does not extend to documents, elements, data and information:
1. of which the receiving party was already aware;
2. which were already public at the time of their communication or which would become public without breach of these Terms and Conditions;
3. which would have been lawfully received from a third party;
4. the disclosure of which is required by judicial authorities, pursuant to laws and regulations or in order to establish a party's rights under these Terms and Conditions.
#18. Intellectual Property
#18.1 Intellectual Property of QOVERY
The systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by QOVERY on the Website and the Platform, are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without QOVERY's authorization, is strictly prohibited and could lead to prosecution.
#18.2 Intellectual Property of the Customers
The purpose of the Services is to deploy the Application(s) of the Customers.
Customers acknowledge and accept that through placing Content on the Website and the Platform, they voluntarily provide access to their code and data related to their Applications. This access does not confer to QOVERY any intellectual property rights relating to the Customer's code and their Applications, which remain entirely and exclusively the property of the Customer.
#19. Personal data
#19.1 General dispositions
As part of their contractual relations, QOVERY and the Customers shall undertake to comply with the applicable regulations on personal data processing and, in particular, the General Data Protection Regulation (regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016) and to the French Data Protection Act of 6 January 1978 (hereinafter referred together as the "Applicable Regulation").
Each Party processes personal data of contact person of the other Party involved in the performance of the Contract, as controller within the meaning of the Applicable Regulation for the purpose of managing the contractual relations between the Parties and for the duration of the Contract. These processing are carried out for the execution of the Contract and only identification data (in particular surname, first name, email address, telephone number) are processed by the Parties.
Personal data are retained during the duration strictly necessary for the purposes of managing the business relationship between Parties. The staff of the Party controller of the processing, its control services (notably auditor) and its processors could have access to personal data.
The processing may result in the exercise by each Party's contact person of their rights under the Applicable Regulation.
QOVERY has a privacy policy that can be accessed on the Website at https://www.qovery.com/privacy-policy. Customers are invited to read it.
#19.2 Processing of Customers' personal data by QOVERY as a data controller
For the purposes of managing the contractual relationship between the Parties and the provision of the Services to the Customers, QOVERY processes Customers' personal data as data controller in accordance with the applicable Regulations.
For more information on this processing, Customers are invited to consult QOVERY's Privacy Policy, accessible here.
#19.3 Processing of Users' personal data by QOVERY as a data processor
Description of the processing carried out by QOVERY
As part of the Services, QOVERY processes Users' personal data in the name and on behalf of the Customer as a data processor, while the Customer acts as a data controller within the meaning of the Applicable regulation.
The characteristics of the processing are described in Appendix 1 of these Terms and Conditions.
QOVERY's obligations with respect to the Customer
Data processing:
QOVERY undertakes to process the personal data only for the purposes listed in Appendix 1 and in accordance with the Customer's documented instructions, including with regard to transfers of data outside the European Union. Where QOVERY considers that an instruction infringes the Applicable regulation, he shall immediately inform the Customer thereof. Moreover, if QOVERY shall process personal data and transfer them to a third country or an international organization, according to the applicable legislation of these Terms and Conditions, he shall inform the Customer of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
Security and data confidentiality:
QOVERY undertakes to implement the appropriate technical and organisational measures to ensure the security and integrity of personal data, their backup and the restoration of their availability in the event of a physical or technical incident. QOVERY ensures that the persons authorized to process the personal data hereunder have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
Sub-processors:
QOVERY is authorized to use processors (hereinafter "the Sub-Processor") listed in Appendix 1 to carry out specific processing activities. QOVERY shall inform the Customer, in writing beforehand, of any intended changes concerning the addition or replacement of Sub-Processors as listed. This information must clearly indicate which processing activities are concerned, the name and contact details of the Sub-Processor. The Customer has a period of fifteen (15) calendar days from the date of receipt of this information to submit its legitimate and justifiable objections. In the absence of notification of objections after this period, the Customer shall be deemed to have authorized the use of the relevant Sub-Processor.
The Sub-Processor shall comply with the obligations hereunder on behalf of and in accordance with the Customer's instructions. QOVERY shall ensure that the Sub-Processor provides the same sufficient warranties regarding the implementation of appropriate technical and organisational measures so that the processing meets the requirements of the Applicable regulation. If the Sub-Processor fails to fulfil its data protection obligations, QOVERY remains fully liable to the Customer for the Sub-Processor's performance of its obligations.
Transfer of personal data outside the European Union:
QOVERY is authorized to transfer personal data processed as part of these Terms and Conditions to countries located outside the European Union, if appropriate safeguards have been implemented as defined under Chapter V of GDPR.
Data subjects' rights:
QOVERY ensure to assist the Customer as soon as possible in the event of a request to exercise their rights by the data subjects. When a request is directly addressed to QOVERY, QOVERY undertakes to transmit such request to the Customer as soon as possible, so that the latter can respond directly to the request.
Assistance and provision of information:
QOVERY undertakes to assist the Customer and to respond without undue delay to any request for information sent by the Customer, whether in the context of a request for the exercise of their rights by data subjects, a privacy impact assessment, or a request made by a supervisory authority or the Customer's data protection officer.
Notification of personal data breach:
QOVERY shall notify the Customer of any personal data breach without undue delay after becoming aware of it and to provide the Customer with all relevant information and documentation relating to such personal data breach.
Fate of the data:
QOVERY undertakes at its election to delete or return personal data at the termination of these Terms and Conditions and not to keep a copy unless Union or Member State law requires storage of the personal data. The Customer has three (3) months from the end of the Services to exercise this choice. After this period, QOVERY shall delete all personal data.
Documentation:
QOVERY shall make available to the Customer, at the Customer's request, all information and documents necessary to demonstrate compliance with its obligations and allow for audits. The Customer may carry out audits once a year, at its own expense to verify QOVERY's compliance with the obligations set forth in this article. The Customer will inform QOVERY of the audit at least two (2) weeks before. QOVERY may refuse the identity of the auditor if it belongs to a competing company. The audit shall be conducted during work hours and with the least possible disturbance for QOVERY's activity. The audit shall not threaten (i) technical and organizational security measures implemented by QOVERY, (ii) security and confidentiality of data of QOVERY's other customers, (iii) the proper functioning and organization of QOVERY. In addition, the Customer will ensure that the auditor and, more specifically, the staff carrying out the audit are subject to appropriate confidentiality obligations. When possible, Parties will agree beforehand on the scope of the audit. The audit report will be sent to QOVERY as so to submit comments, which will be attached to the final version of the audit report. Each audit report will be considered confidential information.
Subsequent use of personal data by QOVERY
The Customer hereby authorizes QOVERY to process the personal data collected within the framework of the Services (in particular the connection and identification data) for the purpose of improving QOVERY's Services, and in particular for the realization of statistics on the way the QOVERY solution is used by the users. QOVERY will act as a data controller within the meaning of the Applicable Regulation and will respect the legal provisions of the aforesaid regulation.
Customers' obligations with respect to QOVERY:
Customers undertake to:
- provide QOVERY with the personal data mentioned in Appendix 1, except any improper, disproportionate or unnecessary personal data, and except any "particular" personal data within the meaning of the Applicable regulation, except if the processing activities justify it. In this case, the Customer will have to document these justifications and to take all measures, notably of prior information, to collect appropriate consent and appropriate security measures, appropriate for such particular data;
- collect under its liability, lawfully, fairly and in a transparent manner the personal data provided to QOVERY, for the performance of its services, and in particular, to ensure the lawfulness of processing and the information due to data subjects;
- maintain a record of processing activities carried out and more generally, comply with the principles of the Applicable regulation;
- ensure, before and throughout the processing, compliance with the obligations set out in the Applicable legislation.
#20. Customer references
The Customer expressly authorizes QOVERY to cite and use as appropriate a reproduction of its trademark or logo as a customer reference, in particular during events, in its commercial documents, on its Website, in any form whatsoever during the term of the Services and 5 years after its expiry.
#21. Links and Third-Party Sites
QOVERY can in no way be held liable for the technical availability or unavailability of Internet sites or mobile websites operated by third parties (including its potential partners) which Customers would access through links on the Website and the Platform.
QOVERY shall not be liable for content, advertisements, products and / or services available on such third-party sites or mobile websites and Customers are hereby reminded that these sites are governed by their own terms and Conditions.
QOVERY shall not be liable for any transactions conducted between Customers and any advertisers, professionals or salespersons (including its potential partners) to which Customers may be oriented through the Website and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and / or services, guarantees, declarations or any other obligations whatsoever to which these thirds parties may be bound.
#22. Force majeure
Neither Party may be held liable for a failure to perform its contractual obligations if this failure is due to an event beyond the Parties' control and constitutes force majeure, as defined in Article 1218 of the French Civil Code.
The prevented party shall inform the other party as soon as possible, indicating the nature of the case of force majeure. The parties shall come together to determine together the most appropriate means to alleviate, if possible, the consequences of the event(s) constituting force majeure.
If the case of force majeure lasts for more than 3 months, each party may terminate the Services, ipso jure, without legal formality, without notice and without the right to compensation of any kind whatsoever, by sending a registered letter with acknowledgement of receipt with immediate effect.
If, as a result of a case of force majeure, the affected party is prevented from fulfilling only part of its contractual obligations, it shall remain liable for the fulfilment of the obligations not affected by the case of force majeure as well as its payment obligations.
As soon as the case of force majeure ceases, the prevented party must immediately inform the other party and resume performance of the affected obligations within a reasonable period of time.
#23. Amendments
QOVERY reserves the right to amend these General Terms and Conditions at any time.
Customers shall be informed of these amendments through any pertinent channel.
Any Customer who does not agree with the amended General Terms and Conditions must unsubscribe from the Services according to the provisions set out in Article "Term of the Services, unsubscription".
Customers who continue to use the Services after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.
#24. Provisions only applicable to Individual Customers
#24.1 Express waiver to right of withdrawal
Individual Customers are informed that a right of withdrawal applies in principle to all distance service agreements concluded between professionals and consumers, and that this right may be exercised within 14 (fourteen) days from this Terms and Conditions' acceptance.
They are however expressly informed and accept that Services are provided to them once they are registered and are therefore fully performed before expiry of the above-mentioned withdrawal period. Consequently, they expressly waive their right of withdrawal, which cannot be exercised, pursuant to article L.221-28 of the French consumer Code.
#24.2 Consumer Mediation
In the event of any dispute with QOVERY, in relation with these General Terms and Conditions, Individual Customers have the right to seek recourse, free of charge, to a consumer mediator, for free of charge, for purposes of finding an amicable settlement, pursuant to articles L611-1 et seq. and articles R152-1 et seq. of the French Consumer Code.
To this end, Individual Customers may contact the following consumer mediator:
Centre de médiation de la consommation de conciliateurs de justice (CM2C)
- Postal address: 14 rue Saint Jean 75017 Paris, France
- Phone: +33 6 09 20 48 86
- https://www.cm2c.net
If the Customer is a foreign consumer located in the European Union, they benefit from the protection of the mandatory provisions of their country of residence. In the event of a dispute, the Customer is invited to contact QOVERY's customer service first, in order to seek an amicable solution. Failing this, the Customer may turn to national or European consumer dispute resolution mechanisms. The European Commission provides a page listing the relevant national mechanisms and contact points (mediation bodies, European Consumer Centres, FIN-NET, etc.), accessible here.
#25. Language
In the event of a translation of these General Terms and Conditions into one or more languages, the language of interpretation shall be English in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
#26. Law and Jurisdiction
These General Terms and Conditions are governed by French law.
In the event of a dispute between a Professional Customer and QOVERY, and in the absence of an amicable agreement within two months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), unless otherwise required by law.
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#Appendix 1 – Personal Data
#1. Description of the processing of Users' personal data carried out by QOVERY on behalf of the Customers
Purpose(s) of the processing: Provisions of the Services
Nature of the processing: Collection, recording, organization, structuring, storage, adaptation or modification, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Categories of personal data: Identification data (name, email, internal identification number), Connection data (logs, IP addresses)
Categories of data subjects: Users
Duration of the processing: Duration of the Services
#2. List of the Sub-Processor(s) authorized
#2.1 AWS
Sub-Processor: Amazon Web Services Inc.
Processing activities sub-processed: Cloud infrastructure services (compute, storage, database, security monitoring, content delivery), using services AWS EKS, AWS RDS, AWS GuardDuty, AWS CloudTrail, AWS CloudFront
Localization of the processing: United States (AWS Regions: us-east-2, us-east-1), European Union (eu-west-3)
Appropriate safeguards implemented in case of transfer of personal data outside the EU:
- Certified under EU-U.S. Data Privacy Framework
- Standard Contractual Clauses in place
- SOC 2 Type II, ISO 27001, ISO 27017, ISO 27018 certified
#2.2. Auth0
Sub-Processor: Auth0, Inc. (Okta)
Processing activities sub-processed: User authentication and identity management
Localization of the processing: United States (Controller has EU-based subscription with EU data residency; however, cross-border access may occur)
#2.3. ChargeBee
Appropriate safeguards implemented in case of transfer of personal data outside the EU:
- Certified under EU-U.S. Data Privacy Framework
EU data residency option utilized
ISO 27001, ISO 27018, SOC 2 Type II certified
Sub-Processor: ChargeBee, Inc.
Processing activities sub-processed: Subscription billing and payment processing
Localization of the processing: United States
#2.4. Pylon
Sub-Processor: Pylon Technologies, Inc.
Appropriate safeguards implemented in case of transfer of personal data outside the EU:
Certified under EU-U.S. Data Privacy Framework
PCI DSS Level 1 certified
SOC 2 Type II certified
Processing activities sub-processed: Customer support operations, customer notifications and contact, analytics
Localization of the processing: United States
#2.5. Slack
Sub-Processor: Slack Technologies Limited.
#2.6. Intercom
Processing activities sub-processed: Customer support operations, customer notifications and contact
Localization of the processing: Ireland
Sub-Processor: Intercom, Inc.
Appropriate safeguards implemented in case of transfer of personal data outside the EU:
Certified under EU-U.S. Data Privacy Framework
Standard Contractual Clauses in place
#2.7. Hubspot
Processing activities sub-processed: Customer support operations, customer notifications and contact
Localization of the processing: United States
Sub-Processor: HubSpot, Inc.
#2.8. Google
Appropriate safeguards implemented in case of transfer of personal data outside the EU:
Standard Contractual Clauses in place
ISO 27001, ISO27701, SOC 2 Type II certified
Processing activities sub-processed: Marketing communications, customer notifications and contact
Localization of the processing: United States
Sub-Processor: Google, LLC
#2.9. Courier
Sub-Processor: trycourier.com, Inc.
Processing activities sub-processed: Cloud data warehouse and analytics services
Localization of the processing: United States (Controller has a EU-based subscription, with data residency in regions EU and europe-west-1)
Appropriate safeguards implemented in case of transfer of personal data outside the EU:
Certified under EU-U.S. Data Privacy Framework
ISO 27001, ISO27701, SOC 2 Type II certified
Processing activities sub-processed: Customer email notification
Localization of the processing: United States
Appropriate safeguards implemented in case of transfer of personal data outside the EU:
Certified under EU-U.S. Data Privacy Framework
SOC 2 Type II certified
Appropriate safeguards implemented in case of transfer of personal data outside the EU:
Certified under EU-U.S. Data Privacy Framework
Standard Contractual Clauses in place
EU data residency option utilized
ISO 27001, ISO27701, SOC 2 Type II certified
Appropriate safeguards implemented in case of transfer of personal data outside the EU:
Certified under EU-U.S. Data Privacy Framework
ISO 27001, SOC 2 Type II certified