Terms and conditions of use

Thank you for consulting https://getcapte.com/ (our "website“). 

The purpose of these general conditions is to define the terms and conditions of use of the services offered on the site, as well as to define the rights and obligations of the parties in this context.

By accessing or using the Services or the Software, you ("Customer") agree to be bound by these terms and conditions. If you do not accept and comply with all or part of these terms and conditions, you are not authorized to access the Services or use the Software.

1. Products and Services Operator 

The Services offered on the getcapte.com website are operated by the company Capté, SAS with a share capital of 1000 euros, registered at the RCS of Coutance under the number 900 919 457, whose head office is located at 68 Rue Jean Monnet, 50400 Granville, France. 

Capté can be contacted at the following coordinates:

Mailing address 68 Rue Jean Monnet, 50400 Granville

Email address : [email protected]

2. Access to the site and services

The Services are accessible, subject to the restrictions set out on the site:

  • to any natural person with full legal capacity to enter into commitments under these terms and conditions. A natural person who does not have full legal capacity may only access the Site and the Services with the consent of his or her legal representative;
  • any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.

3. Use of the site

By using our site, you accept and agree to the terms and conditions of use described in these terms and conditions. The use of our site is limited to the consultation of the content and the use of the services presented. 

Your acceptance of the general terms and conditions is also materialized when you pursue a contractual relationship by paying a subscription present on the site, but also by using our free trial service.

You warrant and agree that you will not use this site for any other purpose (speculative purchases, forgery, fraud...). The site and the content presented on this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Unauthorized use of our site and/or the materials contained on our site may violate applicable copyright, trademark or other intellectual property laws. To the extent that Capté suffers any loss and/or damage of any kind and in any manner whatsoever resulting from the breach of the warranty contained in this clause and/or your unauthorised use of our Site and/or the content, products or services on our Site, you hereby agree to indemnify Capté in full against any such loss and/or damage.

4. Ownership of products, software and copies

4.1 If you use the services designed by Capté on the getcapte.com website as part of an agreement, the software and associated documentation are copyrighted works and protected by applicable database laws. Capté retains copyright and ownership of the software or any accompanying written material (documentation), including all intellectual property rights therein, of whatever nature and from whatever source, whether such intellectual property is registered or not, and regardless of the form or medium on which the original software and other copies may exist.

4.2 By accepting this agreement, you expressly acknowledge and agree that you will not seek :

(a) to acquire property rights of any kind and in any manner whatsoever in the software and/or documentation; and

b) remove or alter in any way the copyright, trademark and other proprietary notices or markings on the documentation or software as delivered to you.

You acknowledge and agree that all intellectual property contained in the software and/or documentation of Capté belongs to Capté and you agree not to copy or duplicate any intellectual property, directly or indirectly, in any way and you understand the legal implications thereof. If you are found to be in violation of this provision of the Agreement, you acknowledge and agree that you will be responsible for all legal fees incurred by Capté for any legal action deemed necessary.

5. Advertising

Capté reserves the right to insert on any page of the site and in any communication to users any advertising or promotional messages in a form and under conditions of which Capté will be the sole judge. 

6. Data protection 

6.1 When the online tool of the getcapte.com website is used, the email addresses, videos and subtitles made may be collected and stored on our servers.

6.2 The User acknowledges and expressly agrees that the data collected on the site and on the computer equipment of Capté are proof of the reality of the operations carried out within the framework of the present agreement;

6.3 We process this personal data and retain ownership of the subtitles only for the purpose of improving the service. We will delete them in accordance with your request, unless we are required by law to retain them.

6.4 We ensure that our personnel authorized to access such personal data have undertaken to respect the confidentiality of such data or are subject to an appropriate legal obligation of confidentiality.

6.5 All data collected by Capté are processed and stored in France.

6.6 All personal data is deleted from our database after a period of 30 days. 

6.7 As far as possible, given the nature of the processing and the information we have, we will help you to comply with your legal obligations:

(a) respond to requests from data subjects (by taking appropriate technical and organisational measures) ;

(b) securing personal data ;

(c) inform supervisory authorities and data subjects (where appropriate) of personal data breaches ;

(d) Conducting data protection impact assessments (if applicable); 

7. Licensing restrictions

You may not use, copy (unless such copying is incidental to the normal use of the software, or is necessary for backup or operational security purposes), modify or transfer the software used on the getcapte.com website or any copy, in whole or in part. If you transfer possession of any copy of the software to another party, your license will automatically terminate. You may not rent, sublicense, loan, translate, merge, adapt, alter or modify the Software. You acknowledge that you do not have the right to access the Software in source code or unlocked code form.

8. No refund

To the extent that you purchase the rights to use the software and/or any other products on the getcapte.com website, please note that purchases do not result in any refunds except as permitted under consumer protection laws. You specifically acknowledge that Capté is under no obligation to compensate you in any way for any losses and/or disappointments you may experience while using the software and/or other products you have purchased from this Site. However, you will have the opportunity to test the tool free of charge and to thoroughly evaluate its usefulness and functionality before proceeding with a purchase. This opportunity is the ultimate guarantee that the software will work to your satisfaction, therefore, you understand and agree that Licensor does not enforce a refund policy.

9. Warranty and liability

Capté expressly disclaims any express or implied warranty with respect to the software. Capté does not warrant that the software will be uninterrupted or error-free. No oral or written information or advice obtained from Capté or elsewhere shall create any warranty or condition not expressly stated in this Agreement. 

However, Capté undertakes to provide the Services with diligence, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the users acknowledge and expressly accept by means of this agreement. 

10. Payment

Full payment of the prize must be made to Capté before an order can be accepted and processed. 

Once the payment has been confirmed by our payment processing department, you will have free access to the software. Once we have accepted and confirmed your order, a legally binding contract is concluded between us, Captéand you, the customer.  

11. Payment delays and incidents

The User is informed and expressly accepts that any delay in payment of all or part of an amount due on its due date will automatically, without prior notice, lead to :

  1. the forfeiture of all sums due by the User and their immediate payment;
  2. the immediate suspension of the Services in progress until full payment of all amounts due by the User;
  3. invoicing to the benefit of Capté a late payment interest at the rate of 3% (three percent) the legal interest rate, based on the amount of the total amount due by the User.

12. Cancellation by us

Capté reserves the right to cancel any transaction with a customer for the following reasons:

12.1 Failure on the part of the customer to comply strictly with these general conditions;

12.2 software defect: if Capté If the customer notices a defect in the software that does not allow its proper use, the order placed by the customer will be cancelled and he will no longer be able to benefit from the services; 

If Capté cancels an order, the customer will be informed by e-mail or telephone and will be refunded in full as soon as possible. The customer specifically acknowledges that Capté shall not be obliged to offer additional compensation for disappointment in the event of cancellation of an order.

13. Our Rights

We reserve the right to:

13.1 modify or withdraw, temporarily or permanently, our Site or any part thereof, with or without notice. We will not be liable to you or any third party for any modification or removal of our Site;

13.2 modify these terms and conditions. Use of our site or any portion thereof after such modification shall be deemed acceptance of such modification. It is your responsibility to periodically check for changes to the terms and conditions. If you do not agree to any change in the terms and conditions, you must immediately stop using the Site.

13.3 We will make every effort to maintain the site. The Site is subject to change from time to time. You will not be entitled to any compensation because you are unable to use any part of the Site for reasons beyond our control.

14. Termination

14.1. Capté may terminate this Agreement immediately by written notice to you if you commit a material or persistent breach of this Agreement which you do not cure within 7 days of written notice to you. 

14.2. In the event of termination for any reason:

(a) all rights granted to you under this Agreement shall cease;

(b) you must immediately cease all activities permitted by this Agreement; 

15. Total agreement

This Agreement constitutes the complete and exclusive statement of the agreement between Capté and the Customer with respect to the subject matter of this Agreement. It supersedes all prior proposals, representations, undertakings and agreements, whether oral or written, and all other communications between us relating to this subject matter.

16. Unbundling of clauses

Any provision of this Agreement found to be invalid or unenforceable shall be deemed deleted and the remainder of this Agreement shall not be affected thereby.

17. Events beyond the control of Captured

17.1. Capté shall not be liable for any failure or delay in the performance of any of its obligations under this Agreement that is caused by an "event beyond our control". 

17.2. An event beyond our control means any act or event beyond the reasonable control of Licensor, including, without limitation, failure of public or private telecommunications networks or cloud services.

17.3. If an event beyond our control occurs that affects the performance of the obligations of Capté under this Agreement :

(a) Licensor's obligations under this Agreement shall be suspended and the time for performance of its obligations shall be extended for the duration of the event beyond our control; 

(b) Captured will use its best efforts to find a solution to perform its obligations under this Agreement despite the event beyond our control.

18. Language 

In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute as to the meaning of a term or provision.

19. Applicable law and jurisdiction

These general conditions are governed by French law.

In the event of a dispute concerning the validity, interpretation and/or execution of these terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on the matter, except in the case of mandatory procedural rules to the contrary.

20. General

20.1. Capté may transfer its rights and obligations under this Agreement to another organization, but this will not affect your rights or our obligations under this Agreement.

20.2. You may only transfer your rights or obligations under this Agreement to another person if Capté consent in writing.

20.3. You agree that Capté shall have the right, after providing confidentiality undertakings, to audit any computer system on which the Software is installed to verify compliance with this Software License.

20.4. The failure or neglect of either party to exercise any of its rights or remedies under this Agreement shall not be construed as a waiver of that party's rights nor shall it in any way affect the validity of all or any part of this Agreement or prejudice that party's right to take subsequent actions.

This Agreement was last updated on March 18, 2020 and is subject to change without notice.

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