TERMS OF USE OF PENTALOG WEBSITE

 TERMS OF USE OF PENTALOG WEBSITE 

Last updated: January 4, 2022  

 

Please read these Terms of Use (hereafter referred as "Terms", "Terms of Use") carefully before using the website accessible at https://www.pentalog.com (hereafter referred as the “Website”) and/or benefiting from our Customer Self Services (hereafter referred as the "Service(s)") operated by PENTALOG FRANCE SAS and its affiliates (hereafter referred as "us", "we", "our", “Pentalog” or “Pentalog Group”).  

 

1. Conditions of use 

As
a user, visitor, or other category of person, your access to our
Website and use of the Services is conditioned on your acceptance of and
compliance with these Terms.  Indeed, these Terms apply to all users,
visitors and others category of person who access the Website or use the
Services.  By accessing or using the Service you then agree to be bound
by these Terms.  If you have any disagreement with any part of the
Terms, then you may not access the Service and accordingly we advise not
to use our Website. 

2. Benefiting from the Service 

If
you are benefiting from the Service, this means that you are currently a
Client of Pentalog. If you wish to have further information on the
platform functionalities for the Service, you may get in touch with your
contact at Pentalog (account executive or project director, etc.) to
obtain any relevant information to you including without limitation:
setting of your account, adding new users, etc. 

If you wish to purchase any other services of Pentalog advertised on our Website, you may be required to contact us using our contact form, or any other direct sales representative at Pentalog Group, publicly available on our Website.  

3. Access to the Service 

The
Access to the Service is granted for the moment to selected existing
clients of Pentalog. After a collaboration is completed between us and
the said clients, the Customer Self Services platform will not be
accessible to them. As an existing client, your project data will be
handled as provided in your contractual agreement with us. 

Other
accesses to your account could be granted by us to the project director
of your ongoing project(s) in order to facilitate the interactions with
us, and to help for a better alignment and collaboration.  

In any
case, the content of your account will benefit from the same level of
confidentiality as provided in the contractual agreement you will have
with us. 

 

4. Privacy policy and Cookies policy 

Before you continue using the Website and/or our Service, we advise you to read carefully our Privacy Policy regarding how we collect and process them, and also to read carefully our Cookies Policy
regarding our use of cookies and trackers. It will help you to better
understand our practices and how to contact us if you have any request
as required by applicable laws and regulations. 

5. Age restriction 

By
using this Website, you warrant that you have the minimum legally
required age in your country of residence (at least 18 years old in
France) and that you may legally adhere to these Terms. We assume no
responsibility of any sort for liabilities related to age
misrepresentation. 

6. Intellectual property 

You
agree that all materials, products, and services provided on the
Website are Pentalog’s property including its affiliates, directors,
officers, employees, agents, suppliers, or licensors including all
copyrights, trade secrets, trademarks, patents, and other intellectual
property. You also agree that you will not reproduce or redistribute
Pentalog’s intellectual property including but not limited to its brand,
name, trademark, in any way, including electronic, digital, or new
trademark registrations. 

You grant to Pentalog a royalty-free and
non-exclusive license to display, use, copy, broadcast and transmit the
content you upload and publish on the Website. Any use of the content
uploaded on the Website will be use lawfully and when applicable
pursuant the provision of the contractual agreement you will have with
us. For issues regarding intellectual property claims, you should
contact Pentalog at legal@pentalog.com in order to come to an agreement. 

7. User accounts 

As
a user of this Website, you may be asked to register with us and
provide personal information. At the moment of your registration on the
Website, your consent will be collected as required by the applicable
legislation. 

You are responsible for ensuring the accuracy of
this information, and you are responsible for maintaining the safety and
security of your identifying information. Besides, you are responsible
for all activities that occur under your account or password. 

If
you think there are any possible issues regarding the security of your
account on the Website, inform us immediately so we may address it
accordingly. 

We reserve all rights to terminate accounts, edit or remove content and cancel orders in our sole discretion. 

For any question regarding the processing of your personal information please refer to our Privacy policy, also directly accessible on our Website.  

You
will be solely responsible in case of any misrepresentation of any
rights when you are creating an account on behalf your organization or
using the Service, so make sure that you are legally allowed to do it
according to the internal rules within your organization. 

8. Content 

Our
Website and our Service allows you to post, link, store, share and
otherwise make available certain information (including personal data),
text, graphics, videos, or other material ("Content").  

You
retain any copyrights and other proprietary rights that you may hold on
the Content that you post to the Website or when using the Service. You
are also responsible to ensure that you have all the necessary and
required rights within your organization to use or to share the said
Content on the Website and/or via the Service and that you are not
infringing any third-party rights when doing so.

You will
be solely responsible in case of any improper use of the data or
information provided in the Content by you. You will be solely
responsible in case of any misrepresentation of any third-party rights
when adding any content on the Website. Pentalog shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with your improper or
wrong use of data or information on any such Content. 

9. Links to other websites

Our
Website and Service may contain links to third-party websites or
services that are owned provided or controlled by Pentalog or not at all.
For third-party websites or services of Pentalog Group, we advise you
to read their own privacy policies or terms of use before accessing to
those websites and benefiting from the services provided.  

For
other third-party websites or services that are not owned provided or
controlled by Pentalog, it is your responsibility to familiarize
yourselves with their privacy policies and/or terms of use before
submitting your personal data. You further acknowledge and agree that
under any circumstances, Pentalog shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such websites or services.
Pentalog may not be held liable for use of your data by these
third-party websites and shall not be responsible for the privacy policy
of these third-party websites.   

10. Changes 

We
reserve the right, at our sole discretion, to modify or replace these
Terms at any time. If a revision is material, we will try to provide at
least 15 days’ notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole
discretion.  

These Terms represent an understanding between
Pentalog and you, and this supersedes and replaces all prior agreements
regarding the use of our Website or the Service. 

11. Indemnification

You
will defend, indemnify and hold Pentalog harmless from and against any
third-party claim, demand, suit or proceeding (each, a “Claim”) that may
arise from your use or misuse of our Service or our Website alleging
that your misuse has caused a direct infringement or indirect of such
party’s copyrights or trade secrets, rights, and related liabilities,
damages, costs and expenses (including reasonable attorneys’ fees and
court costs (collectively, “Liabilities”), provided (1) we notify you
promptly of any such third-party Claim and, at you reasonable request
and expense, and (2) we provide you with reasonable assistance and the
sole authority to defend and settle such Claim. 

If we are
entitled to indemnification hereunder, and become aware of any matter we
believe is indemnifiable hereunder involving any Claim, action, suit,
investigation, arbitration or other proceeding against the us by any
third-Party (each an “Action”), we shall give you a prompt written
notice of such Action.  Such notice shall (a) provide the basis on which
indemnification is being asserted and (b) be accompanied by copies of
all relevant pleadings, demands, and other papers related to the Action
and in our possession. You shall assume the defense of any such claim or
litigation, and we shall cooperate with you, at your expense. We
reserve the right to select our own legal counsel at your reasonable
expense, in the defense of such Action. And we reserve the right to
compromise or settlement of an Action at our sole discretion. 

12. Limitation on liability 

We are not liable for any damages that may occur to you as a result of your misuse of our Website or Service. 

13. Termination 

We
may terminate or suspend access to our Website or Service immediately,
without prior notice or liability, for any reason whatsoever, including
without limitation if you breach the Terms.  

All provisions of
the Terms which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability. 

14. Applicable law 

By
visiting this Website and benefiting from the Service, you agree that
French law without regard to principles of conflict laws, will govern
these Terms, or any dispute of any sort that might come between Pentalog
and you, or its partners and associates. 

15. Disputes 

In
the absence of an amicable solution, any dispute related in any way to
your visit to our Website or to use the Service shall be settled before
the Tribunal of Commerce of Orléans (France). For specific services
leading to the signature to a contractual agreement between Pentalog and
your company, any dispute shall be settled according to the provision
contained in the said contractual agreement. 

16. Contact Us 

If you have any questions about these Terms, please contact us.