End User Licence Agreement

The Comeen Play solution (hereinafter the "Application") is published and provided by COMEEN, a “société par action simplifiée” with a capital of 17,380 euros, whose registered office is located at 48 Rue Thiac, 33000 Bordeaux, registered with the Bordeaux Trade and Companies Registry under number 834 702 821 (hereinafter "Comeen").

  1. PREAMBLE

The Application is a smart digital signage solution that allows to broadcast on all types of screens and for all types of usage content such as text and images, videos and other types of information, and made available to the customer through a plug&play connected system.

The purpose of these Comeen Terms and Conditions of Use (hereinafter the "Terms") is to define the services (the "Services") offered to customers and users of the Application (the "Customers" and the "Users"). In order to become a Customer, the Customer must be a merchant or be self-employed or act in the course of his or her usual and principal professional activity. 

The Client is responsible for having Internet access and the equipment necessary to access the Application and use the Services. Users, depending on the rights granted to them, may then create, modify, publish and share Content on the Customer's Screen Park (as defined below).

Access to the Application and its use in any capacity whatsoever and on the date of the last connection implies full and unreserved acceptance by the Customer and Users of these GCU as last drafted.

The Customer undertakes to ensure that all of the obligations defined herein are respected by its Users, and is committed to ensuring that said Users comply with these Terms and Conditions.

Any User, when registering or when logging in for the first time, must accept these Terms and Conditions of Use.

The mode of operation of the Application as well as the terms and conditions that Customers and Users must respect are specified below. 

If the Customer is a legal entity, the Applicant hereunder, who accepts these Terms in the name and on behalf of the Customer, represents and warrants that it is authorized and has the capacity to bind the Customer to these Terms.

  1. DEFINITIONS

 "Global Administrator" means any person duly authorized by Customer to manage Customer's Screen Park.

 "Application" means the Comeen application, the access and use of which is subject to these Terms.

 "Customer" means any individual or entity, acting in a professional capacity, who creates a Comeen Client Account.

 "Content" means all Content posted, communicated or provided by Customer and Users, and/or relating to Customer and/or Users on the Application and displayed on Customer's Display Park by Customer and its Users.

"Documentation" means all installation and user manuals or online help for the Application provided by Comeen.

"Personal Data" or "PCD": means, within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (the "General Data Protection Regulation" or "GDPR"), any information relating to an identified or identifiable natural person; it being specified that an "identifiable natural person" within the meaning of the DPMR is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more elements specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.

"Screen Park": means all of the Customer's screens, hardware and equipment whose Content is administered on the Application.

"Party(ies)": means individually or collectively the User, the Customer and/or Comeen.

 "Services": means all functionalities offered by Comeen on the Application or related to the Application. 

"User" means any individual who connects to the Application, regardless of the access rights granted (Global Administrator, Administrator and any other user).

  1.  HOW TO REGISTER - STARTING THE SERVICE

3.1 Conditions of access and use of the Application

The Customer is solely responsible for the proper functioning of its computer equipment and its access to the Application. It is solely responsible for the maintenance of its network, its computer system and its Screen Park that will allow a reliable connection between its equipment and the Comeen Services. All costs incurred by the Customer for access to the Application, and in particular the connection costs and the costs of acquisition or renewal of the computer equipment and in particular of the Screen Park and all necessary equipment and materials shall be borne by the Customer. 

Comeen shall not be held liable in the event that the Customer's hardware is damaged by malicious software, or in the event of interruption or failure of the Customer's Internet connection.

3.2 Creating a Global Administrator account 

Access to the Services requires the creation of an account by a Global Administrator authorized by Customer using the form provided for this purpose. 

The Global Administrator must be a natural person. If Customer is a natural person, Customer and Administrator may have the same identity.

The Administrator will be authorized by the Customer to grant, in the name and on behalf of the Customer, the authorizations and rights of use to any User that it has invited to log in to the Application. 

The Global Administrator will also provide all information necessary for the creation of the Customer account. 

Customer will provide Comeen with any information requested by Comeen for the purpose of integrating Customer's Screen Set(s) into the Application and the Comeen system.

Failure to provide any mandatory information will prevent registration on the Application.

Customer and the Global Administrator agree to :

(a) provide true, accurate, current and complete information regarding the Information as requested during the registration process; and

(b) maintain and promptly update all information about them to keep it true, accurate, current and complete.

Comeen reserves the right to update at any time the list of information required to be provided for the creation and maintenance of Customer's Account and Global Administrator Account.

3.3 Creation of the authorizations granted to Users and the terms of their registrations

The Global Administrator defines the terms of connection and use of the Application and the scope of the rights to use the Service for the Users, according to their designated profile. It is the responsibility of each User of the Application to ensure that he or she reads and accepts these Terms.

In all cases, future Users who are not Administrators shall create their profile in accordance with the provisions of these Terms and the terms and conditions defined by Comeen. To do so, they shall provide all information requested by Comeen using the forms provided for this purpose. Failure to provide any mandatory information shall prevent registration on the Application.

The Global Administrator and, where applicable, the Administrators shall, under the responsibility and authority, supervision and control of Customer, validate the registration of Users.

3.4 General

If Customer or a User provides any information that is untrue, inappropriate, obsolete or incomplete, or if Comeen has reasonable grounds to suspect that such information is untrue, inappropriate, obsolete or incomplete, Comeen reserves the right to terminate Customer's or User's account and refuse any and all current or future use of the Services.

Because Comeen does not have the means to verify the identity or quality of Customers and Users, Comeen shall not be liable for identity theft in the event of fraudulent registration. In any event, any person who finds that his or her identity has been impersonated while logged in should immediately contact Comeen at support@Comeen.com to allow Comeen to investigate and take appropriate action.

It is the responsibility of Customers and Users to ensure that their personal data used to create their accounts are accurate and complete and to select a strong and secure password.

Customers and Users are solely responsible for ensuring the confidentiality of their personal data. These passwords shall not be shared or communicated to third parties under any circumstances. In no event shall Comeen be liable for the loss of a login and/or password.

The Client and Users shall be liable for any use of their accounts unless they report misuse or identity theft in the forms indicated above.

  1. Comeen SERVICES

4.1 Services

4.1.1 Services definition

Comeen offers Subscriptions for which Customer must purchase from Comeen or any other vendor chosen by Customer the products necessary for Customer's system to function properly, unless Customer is already equipped with hardware that is compatible with the Services.

Customer shall choose the subscription term it wishes to implement under the terms agreed upon with Comeen by master agreement or any other special terms and conditions, or with any Comeen Authorized Distributor.

Subscriptions include the following services: use of the license for the Application, maintenance and upgrades of the Solution under the terms hereof.

Customer may also choose to purchase additional options in addition to the Subscription, the details and prices of which are provided by Comeen or any authorized Comeen distributor in the Purchase Order and which will be subject to additional terms and conditions.

4.1.2 Rules for Use of the Services

The Customer is responsible for all Content that it disseminates through the Application and Services. 

Customer and the Global Administrator designate the Users authorized to use the various Comeen Services. All of these persons shall act under the Customer's responsibility. 

The Global Administrator may designate other Users as Administrator.

4.2 Additional Services and Modification or Deletion of Services

The Application and Services are subject to change. 

Comeen may offer additional services or new features related to the Services.

These may be subject to additional, separate or supplementary terms and conditions.

Similarly, Comeen may in its sole discretion modify or discontinue any Services or features. In the event that any Service or feature is removed or modified, Comeen shall promptly notify Customer and its Users in advance.

  1. DURATION - TERMINATION - CONSEQUENCES OF TERMINATION

5.1 Duration and termination of the Terms and Conditions of Use 

The Terms of the Agreement and the conditions of its expiration and termination are subject to the terms and conditions of the master agreement entered into between Customer and Comeen or any agreement entered into by Customer with any authorized Comeen distributor.

5.2 Termination

5.2.1 Suspension of Service - Termination by Comeen

Regardless of the subscription chosen, Comeen shall have the right to terminate this Agreement with immediate effect for any legitimate reason and at any time, by simple notification, temporarily or permanently by deleting the account of the Customer and/or its Users, and in particular in the event of a breach of any provision hereof by the Customer or any User, and in particular following the notification of the Customer and/or the Administrator of an abuse by the Customer or any User or third party and/or within the framework of a legal action and/or the assumption of the responsibility of the User and/or the Customer in application of the GCU or any framework contract.

Comeen may permanently terminate the User's and/or Customer's account for any legitimate reason, and in particular in the event of violation by the Customer or any User of the provisions herein, without prejudice to its rights to claim damages.

5.2.2 Termination by the Customer

Termination by Customer is subject to the terms and conditions of the Master Agreement or any agreement with any authorized Comeen distributor.

5.3 Consequences of Termination

After account closure, the Customer, the Administrator(s) and all Users of the Customer will be given the opportunity to download their Content for their own archiving.

The Personal Data will be immediately deleted from the Application when the account of the Customer and/or the User is definitively deleted. 

  1.  APPLICATION AVAILABILITY - FORCE MAJEURE - LIABILITY

In principle, the Application is accessible 24/24h, 7/7d, except in the event of an interruption, scheduled or unscheduled, for maintenance purposes or in the event of force majeure as defined by French courts, including the occurrence of a natural disaster, such as earthquake, storm, fire, flood, armed conflict, war, attacks, demonstrations, labor dispute, total or partial strike at Comeen or its suppliers, service providers, post offices, public services, mandatory injunction from the public authorities (prohibition of imports, embargo).

Whenever possible, Comeen shall inform the Customer in advance of any maintenance or updates. Customer hereby waives its right to hold Comeen liable for the operation and use of the Application and Services. 

Similarly, Comeen shall not be held liable in the event of malfunction, access impossibility, or poor conditions of use of the Application due to unsuitable hardware or equipment of the Customer, disruptions due to the Customer's access provider, Internet network congestion, and/or for any other reason unrelated or external to Comeen.

Being subject to an obligation of means, Comeen shall in no event be liable for any direct or indirect damage of any nature whatsoever suffered by the Customer and/or by any User and resulting in particular from the unavailability of Services, the Application, the Comeen Application, in whole or in part, and/or loss of data or turnover by the Customer.

  1. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

The purpose of this Article is to define the conditions under which Comeen, in its capacity as a subcontractor, undertakes to carry out on behalf of the Customer, in its capacity as data controller, the Personal Data processing operations defined below.

7.1 General Provisions

As part of their contractual relationship, the Parties undertake to collect and process any Personal Data and to comply with the regulations in force applicable to the processing of Data and, in particular, the RGPD Regulation and the amended Law No. 78-17 of January 6, 1978 relating to computers, files and freedoms (the "Loi Informatique et Libertés" or the "LIL").

The Parties declare that they are aware of the rights and obligations incumbent on data controllers and processors resulting from the application of legislation and regulations on the protection of personal data. The Parties therefore agree that there is no need to recall these rights and obligations herein.

7.2 Description of the processing that is subject to subcontracting

Comeen is authorized to process on Customer's behalf the Personal Data necessary for Customer's use of the Services.

The nature of the operations performed on the Data is the hosting of the Personal Data.

The categories of persons concerned are Users, customers and partners of the Customer.

The Personal Data of the Users likely to be processed are : First name, Last name.

Comeen undertakes to collect and process the Data in a fair and lawful manner for the purpose determined pursuant hereto and in compliance with the RGPD, the LIL and any applicable regulations.

7.3 Comeen's Obligations to the Customer

Comeen is committed to :

  • process the Personal Data only for the purposes set forth herein and in accordance with the Customer's documented instructions;
  • guarantee the confidentiality of the Personal Data processed hereunder;
  • ensure that the persons authorized to process the Personal Data hereunder agree to maintain confidentiality; and
  • not to retain Personal Data beyond the retention period set by the Customer with regard to the purposes for which they were collected.

Comeen agrees to maintain a written record of all categories of processing activities performed on Customer's behalf.

7.4 Customer's Obligations to Comeen

The Customer undertakes to :

  • provide Comeen with the Personal Data necessary for the processing of ;
  • document in writing any instructions regarding the processing of Personal Data by Comeen;
  • ensure, prior to and during the entire processing period, that Comeen complies with its obligations under the DGR and the LIL; and
  • Supervise processing, including performing Comeen audits and inspections.

7.5 Security and Confidentiality of Personal Data

To ensure the security and confidentiality of Personal Data, Comeen is committed to :

  • preserve the security and confidentiality of Personal Data processed on behalf of the Customer, by implementing protective measures, including preventing them from being distorted, destroyed, lost, altered, pirated, hacked, misappropriated, damaged or communicated, accidentally or unlawfully, to unauthorized persons;
  • not to use the Personal Data for purposes other than the strict performance of its contractual obligations; and
  • not to transfer to a third party the Personal Data collected without the prior information of the Customer.

Upon Customer's request, Comeen will provide Customer with technical documentation to demonstrate compliance with its obligations.

7.6 Notification of a Security Incident or Personal Data Violation

In the event of an accidental or unlawful security incident, unauthorized disclosure and/or violation of Personal Data, Comeen shall, to the extent that it is the cause of such incident, commit:

  • Inform the Customer as soon as possible after becoming aware of it;
  • Notify the Customer, in accordance with applicable law, of any violation of Personal Data of which it is aware by providing exhaustive information so that the Customer can meet its obligations within the legal time limits;
  • take appropriate measures to remedy the breach as soon as possible; and
  • collaborate with the Customer to communicate, according to its directives, by mutual agreement the existence of the violation of the Personal Data to the persons concerned.

7.7 Liability and audits

Comeen, in its capacity as a subcontractor, may only act upon Customer's instructions and shall be liable for any breach of its obligations and for any damage caused by its own actions.

Comeen agrees to respond to Customer's audit requests. Audits shall provide an analysis of compliance with this Agreement, the DGR and the LIL and ensure that the security and confidentiality measures in place cannot be circumvented without detection and notification.

7.8 Right of information of the persons concerned

It is the Customer's responsibility to provide information to the persons concerned by the processing operations at the time of collection of the Personal Data.

7.9 Documentation

Comeen shall provide the Processor with the documentation necessary to demonstrate compliance with all of its obligations and to enable and assist in the performance of audits, including inspections, by the Processor or another auditor it has commissioned.

7.10 Subcontracting to third parties

In the event Comeen uses subcontractors, such subcontractors shall be required to perform the obligations hereunder on behalf of and in accordance with Customer's instructions. It is Comeen's responsibility to ensure that the Subcontractor provides the same sufficient safeguards to ensure that appropriate technical and organizational measures are implemented to ensure that the processing meets the requirements of the DGR and the LIL. If the Subcontractor fails to meet these data protection obligations, Comeen shall remain fully liable to Customer for the Subcontractor's performance of its obligations.

7.11 Termination of Contractual Relationships and Disposal of Personal Data

Upon termination or early termination of the contractual relationship between the Parties, for any reason whatsoever, Comeen undertakes to destroy, with a certified solution, all Personal Data that it has processed on behalf of Customer and to provide proof thereof upon request by Customer.

Once the Data has been destroyed, Comeen must provide Customer with written proof of destruction.

  1. LIABILITY

8.1 Content

8.1.1 Content Quality

It is the Customer's responsibility to ensure that the storage and distribution of this Content via the Application complies with the following rules:

  • its Users do not act dishonestly, by publishing inappropriate, deceptive or reprehensible Content. The Customer acknowledges that any publication of Content is likely to engage its responsibility towards third parties;
  • its Users do not violate any mandatory rules of confidentiality, in particular those related to their sector of activity or with regard to the confidentiality commitments they may have entered into with their suppliers and/or customers, it being their responsibility to take the relevant measures with regard to the latter;
  • Users do not transfer or make the Service available to a third party;
  • Users shall not provide any services using the Comeen Services without Comeen's prior written consent.

8.1.2 Respect for Third Party Rights and Public Order

The Customer and Users shall ensure that the storage and distribution of Published Content does not constitute :

  • an infringement of the intellectual property rights of third parties, in particular concerning patents, trademarks, trade secrets, copyright or any other property right; and/or
  • an attack on persons (in particular defamation, insults, insults, harassment, denigration, slander, discrimination, etc.) and on privacy (unauthorized disclosure of nominative information in particular of other Users, etc.); and/or
  • an attack on public order (in particular, incitement to terrorism) and morality (in particular, apology for crimes against humanity, incitement to racial hatred, pornography, especially child pornography, etc.).

8.1.3 Operation of the Service and respect for Comeen's intellectual property rights

The Customer and the Users agree to :

  • not to circumvent the security features of the Application and Services;
  • not to disrupt the operation of the Application and Services or impose a disproportionate burden on them (e.g. spam, denial of service attacks, viruses, game algorithms); and/or not to publish Content in any form that contains viruses or other harmful code;
  • not reverse engineer, decompile, disassemble, decrypt or otherwise attempt to obtain the source code of the Application or any related technology, or any part thereof, except as required by applicable mandatory and restrictive laws;
  • not manipulate identifiers to conceal the origin of any publication or message transmitted through the Services ;
  • not use any technique to simulate the appearance or operation of the Application;
  • not use any software, hardware, manual or automated coding robots or other means to access, "decompile", "analyze" or "index" the Service or any related data or information;

8.2 Procedure in case of abuse

The Customer and the Users are obliged to report any abuse they may find on the Application in:

  • communicating, as soon as they become aware of it, any information relating to Content presumed to be contrary to the legal provisions in force or in violation of the GCU, by e-mail by registered mail with acknowledgement of receipt to the address indicated in Article 12 hereof; 
  • informing Comeen of any complaint or action by a third party, in the same manner;
  • responding promptly to any request for information from Comeen.

The Customer shall ensure that all Users comply with this obligation.

In the event that Comeen is held liable for a User's failure to comply with its obligations, the Customer undertakes to hold Comeen harmless against any conviction that may be pronounced against Comeen as a result. This warranty covers any compensation Comeen may be required to pay, as well as any legal and consulting fees payable by Comeen.

8.3 Liability

8.3.1 Customer's liability

By providing any Content on the Application, directly or through its Users, the Customer is required to comply with the legal and regulatory provisions in force and the stipulations herein.

The Customer is solely responsible for any publication, and is responsible for removing the disputed content.

The Customer warrants and represents to Comeen that all of its Users shall comply with the terms and conditions of these Terms and Conditions of Use.

Without prejudice to the foregoing, in the event of any abuse or violation of the present Terms and Conditions, Comeen reserves the right to take any useful action with respect to any Customer and/or User, as the case may be, in order to preserve its rights.

8.3.2 Liability of Comeen

Comeen implements all reasonable measures in connection with the provision of the Services to maintain a safe, secure and error-free environment. However, Comeen does not warrant that the Services will always operate without interruption, delay, or defects. Comeen disclaims any and all liability for: losses not caused by its breach of this Terms or its actions; losses that Comeen cannot reasonably foresee or avoid; any offensive, inappropriate, obscene, illegal or otherwise objectionable content posted by others that Customer and Users may encounter on the Services; and events beyond Comeen's reasonable control.

a.     On the use of the Content

Comeen shall in no way be liable for any harmful consequences that may arise from the Content provided by the Customer and its Users. 

Comeen shall not be liable for any damages resulting from any mistakes made by the Customer, Users or third parties in connection with the performance of the Service.

Under no circumstances shall Comeen be liable to compensate for any immaterial or indirect damages such as (but not limited to): operating loss, loss of profit, loss of opportunity, commercial loss, loss of profit.

b.    On the character of the Content

Comeen shall not be liable for the Content provided by the Customer and its Users.

Comeen reserves the right or shall have the legal obligation to immediately and without prior notice, without prejudice to the termination of the account, delete any Content or suspend any account that would be contrary to law, or that would be detrimental to public order or the rights of a third party. In particular, and without this list being restrictive, any Content that could :

  • Damage the brand image or reputation of Comeen through provocative messages, texts or images (without this list being restrictive: political, religious, pornographic, racist, negationist, offensive or illegal content...);
  • violate the privacy of individuals, whether or not they are Users of the Application;
  • to harm in any way the minor Users, to incite them to put themselves in danger in any way;
  • constitute a violation of intellectual property rights or any other property right belonging to others.

  1. INTELLECTUAL PROPERTY

The Comeen Application, as well as all interfaces and applications developed by Comeen to access the Comeen Services, available and future, on all current and future operating systems and platforms, as well as all elements relating to the intellectual property rights of Comeen, including all current and future trademarks, logos, drawings, images, photographs, illustrations and all other elements and associated rights remain the exclusive property of Comeen. 

The Services are protected by copyright, trademark and other laws in force in France, the European Union and in foreign countries. Nothing in these Terms shall give Customer or Users the right to use the name of Comeen, or the trademarks, logos, domain names and other distinctive attributes of the Application and Comeen. All right, title and interest in and to the Services and/or Comeen is and shall remain the exclusive property of Comeen. 

Comeen grants Customer and its Users a personal, non-transferable and non-exclusive license to access and use the Application exclusively in connection with the use of the Services under the terms and conditions of these Terms. 

All content (other than Customer Content) included in or accessible on and/or through the Application, including but not limited to any text, graphics, logo, name, trademark, designation, tab, feature, image, sound, data, photograph, graphic, and any other hardware or software remains the exclusive property of Comeen. It is protected by intellectual property law and is subject to applicable laws and regulations.

These materials may not be downloaded, copied, altered, modified, deleted, distributed, transmitted, broadcast, sold, rented, licensed or otherwise exploited (in whole or in part) in any way without the express written consent of Comeen. Customer agrees not to use or exploit these elements for purposes other than those set forth in these Terms. In addition, except to the extent required by applicable mandatory law, Customer may not modify, enhance, edit, translate, decompile, disassemble or create any derivative work(s) from the Comeen Application (in whole or in part), or unless such opportunity has been expressly granted to Customer by Comeen or the owners of such content(s) under a separate agreement.

  1. EVOLUTION OF SERVICES - CHANGES TO TERMS

The Services are constantly evolving. As such, the Services are subject to change from time to time at Comeen's sole discretion. Comeen may cease (temporarily or permanently) to provide Customers and Users with the Services or any functionality thereof, suspend or terminate any Customer or User account in accordance with these Terms, without incurring any liability to Customers and Users.

The Services and these Terms are subject to change. Comeen may offer additional services in the future that may be integrated into the Comeen Application, which may be subject to separate, supplemental and/or additional terms and conditions.

Comeen may modify this Terms, and any other terms and conditions or policies relating to the use of the Comeen Application.

If Comeen makes any material changes to this Terms, Customer and Users shall be notified in advance, and in any event at least thirty (30) days prior to any changes affecting the rights or obligations of any party hereto, via the Application, or by any other means, to give Customer and Users an opportunity to review the changes before they take effect. 

If Customer does not agree to the Terms, Customer may terminate this Agreement by giving thirty (30) days' notice by sending a registered letter with return receipt requested or by any other means specified by Comeen on the Application.

  1. PROOF, PRESERVATION AND ARCHIVING

The computerized records maintained in Comeen systems in accordance with good security practices will be considered evidence of the communications. Archiving is carried out on a medium that ensures the faithful and durable nature required by the legal provisions in force. It is agreed that in the event of any discrepancy between Comeen's computerized registers and the paper or electronic documents available to the Customer, Comeen's computerized registers shall be deemed authentic.

  1. CONTACT Comeen

If you have any questions regarding these Terms, Comeen may be contacted by the means described below.

- By e-mail at: support@Comeen.com ;

- By registered mail with acknowledgement of receipt addressed to :

Comeen

48 rue Thiac 

33000 Bordeaux

France

  1. APPLICABLE LAW AND JURISDICTION

These Terms are governed by French law.

In the event of a dispute relating to the conclusion, performance, interpretation or termination of these Terms, the Parties shall make every effort in good faith to find an amicable solution to said dispute.

In the absence of an amicable solution, exclusive jurisdiction is attributed to the Commercial Court of Bordeaux.  

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