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 offered or the software, you ("The Customer") agree to be contractually 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.
The Services offered on the getcapte.com website are operated by the company Soixante circuits, SAS with a share capital of 9000 euros, registered at the RCS of Paris under the number B 503 179 152, whose head office is located at 31 rue Louis Blanc, 75010 Paris, France.
Sixty circuits can be contacted at the following coordinates:
Mailing address 31 rue Louis Blanc
Email address [email protected]
2. Access to the site and services
The Services are accessible, subject to the restrictions set out on 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 guarantee and undertake not to use this site for other purposes (speculative purchases, use of forgeries, fraud...). The site and the content presented on this site may not be copied, reproduced, republished, downloaded, displayed, transmitted or distributed. Unauthorized use of our site and/or the elements contained on our site may constitute a violation of applicable copyright, trademark or other intellectual property rights laws. To the extent that Sixty circuits 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 Sixty circuits 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 Sixty circuits on the getcapte.com website as part of an agreement, the software and associated documentation are copyrighted works and protected by applicable database laws. Sixty circuits retains copyright and ownership of the software or any accompanying written material (documentation), including all intellectual property rights therein, of whatever nature and origin, 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) to remove or alter in any way the copyright, trademark and other proprietary notices or marks contained in the documentation or software as delivered to you.
You acknowledge and agree that all intellectual property contained in the software and/or documentation of Sixty circuits belongs to Sixty circuits and you agree not to copy or duplicate any intellectual property, directly or indirectly, in any manner whatsoever and you understand the legal implications thereof. If you find yourself in breach of this clause of the Agreement, you acknowledge and agree that you will be held responsible for all legal costs incurred by Sixty circuits for any legal action deemed necessary.
Sixty circuits 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 Sixty circuits 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 expressly acknowledges and accepts that the data collected on the site and on the computer equipment of Sixty circuits 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 are committed to respecting the confidentiality of such data or are subject to an appropriate legal obligation of confidentiality.
6.5 All data collected by Sixty circuits 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) carry out data protection impact assessments (where appropriate) ;
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.
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 Sixty circuits is under no obligation to compensate you in any way for any losses and/or disappointments you may have suffered by using the software and/or other products you purchased from this Site. However, you should test the tool free of charge and carefully 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 have a refund policy.
9. Warranty and liability
Sixty Circuits expressly disclaims all warranties, express or implied, with respect to the software. Sixty Circuits does not warrant that the software will be uninterrupted or error-free. No oral or written information or advice obtained from Sixty Circuits or elsewhere shall create any warranty or condition not expressly stated in this agreement.
However, Sixty Circuits 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 users expressly acknowledge and accept through this agreement.
Full payment of the prize must be made to Sixty circuits before an order can be accepted and processed.
Once the payment has been confirmed by our payment processing service, you will have free access to the software. Once we have accepted and confirmed your order, a legally binding contract is concluded between us, Sixty Circuits, and 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 a sum due on its due date will automatically result in the User being liable, without prior formal notice:
Sixty circuits 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 Sixty circuits 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 Sixty circuits 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 Sixty circuits will not be obliged to offer any additional compensation for the disappointment suffered in the event of cancellation of an order.
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 the present terms and conditions. Use of our site or any part thereof after such modification shall be deemed acceptance of such modification. It is your responsibility to check these terms and conditions regularly for changes. If you do not agree to any change in the Terms and Conditions, you must immediately stop using the Site.
13.3 We will do everything in our power to maintain the site. The site is subject to change from time to time. You will not be entitled to any compensation because you cannot use any part of the site for reasons beyond our control.
14.1. Sixty circuits 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 contract constitutes the complete and exclusive statement of the agreement between Sixty circuits and the customer with regard to the subject matter of this contract. It supersedes all previous proposals, representations, undertakings and agreements, whether oral or written, and all other communications between us and relating to this subject matter.
16. Unbundling of clauses
Any provision of this Agreement that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this Agreement shall not be affected by such deletion.
17. Events beyond the control of Sixty Circuits
17.1. Sixty circuits will not be liable for any failure or delay in performing 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 Captured's obligations under this Agreement :
(a) the 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) Capté will do its utmost to find a solution to fulfill its obligations under this agreement despite the event beyond our control.
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be the French language in the event of 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 as to the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction, unless mandatory procedural rules to the contrary exist.
20.1. Sixty circuits 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 with the written consent of Sixty Circuits.
20.3. You agree that Sixty Circuits 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 negligence 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 or affect in any way the validity of all or any part of this Agreement, nor shall it prejudice that party's right to take any subsequent action.
This Agreement was last updated on March 18, 2020 and is subject to change without notice.
2020 Capté, SAS. All rights reserved.
100% French tool.