Effective date : December 1st, 2018
The company Kwypesoft (hereinafter “Lanes” ) offers to the Customers a service allowing them to organize and consume all the information of their shipyards and projects through an innovative application which will quickly become essential to them while guaranteeing the security and the confidentiality of the Content to which they may have access from any computer terminal connected to the Internet (hereinafter the “Service” ).
Article 1. Definitions
For the purposes of this Agreement, the following terms shall be understood as defined below.
“Subscription” means the subscription to the Service by the Customer which allows him to enjoy the Service on a regular basis.
“Customer” ou “Customers” means any person who has accepted these Terms and who has subscribed for a Subscription to the Service.
“Content” means all documents of any kind (including texts, photographs, videograms, sound recordings, etc.) that the Customer deems appropriate to store through the Service.
“Pricing grid” means the amount of the royalty and its conditions of payment. It is incorporated herein.
“Software” ou “Lanes Software” means the software published by Lanes whose installation is necessary for the use of the Service by the Customer.
“Site” means the website published by Lanes.
Article 2. Purpose
The purpose of these General Terms and Conditions is to define the conditions under which the Service is made available by Lanes and used by the Customer.
Article 3. Description of the Service
The Service allows Customers to collect Content elements of their choice including without limitation photographs, videograms, sound recordings, text, or any documents that the Customer deems appropriate to store through the Service.
The Service allows Customers to provide access to third parties to such Content.
The Service includes Lanes Software, the products and websites that Lanes makes available or hosts on its servers.
The Customer who subscribes to a Free Subscription acknowledges that the functionalities and storage spaces may be limited by Lanes, so that the Customer can not benefit from a quality of service equivalent to that offered to Customers who subscribe for a paid Subscription. In this respect, the storage capacity and the available functionalities will be indicated to the Customer when subscribing to his subscription.
Article 4. Registration to the Service
Access to the Service by the Customer requires the creation of an account. To do this, the Customer communicates to Lanes an email address and an associated password. The communication of an email address will allow Lanes to communicate information to the Customer allowing it to make optimal use of the Service.
The communication by the Customer of his bank details is also necessary to allow Lanes to bill the use of the Service and to finalize the Subscription subscription.
Access to the Service requires access to the Internet that Lanes can not be responsible for, and Lanes can not be responsible for the purchase of the computer terminals that Customer requires to use the Service.
Article 5. Duration
From the moment of registration, the Client benefits from a free trial period of three months. One week before the end of this trial period, it will be proposed to the Customer to continue to benefit from the service through a paid subscription. He will then be asked to pay the price of this subscription. If you do not subscribe to a Subscription before the end of the trial period, all the Customer’s data will be automatically deleted the day after the trial period expires. It is therefore up to the Customer who does not wish to continue the Lanes experience to proceed with the copying of his data.
Subscription to Lanes is subscribed for a duration of one (1) year renewable at the initiative of the Customer.
Article 6. Pricing
The use of the Service is subject to the payment of a fee according to the effective Pricing Grid on the day of subscription by the Customer or on the date of renewal of its Subscription.
Any modification of the Price Schedule will be considered as a modification of the present ones and will be notified, by electronic mail, to the Customer two (2) months before its entry into force.
Article 7. General Terms Update
Lanes reserves the right to modify these Terms and Conditions of the Service in order to maintain the level of functionality of the Service that is, by its nature, subject to change. In the event of a change to these Terms, Lanes will inform the Customer two (2) months prior to the effective date of the changes by way of publication on the Service’s Website.
However, in certain situations, including compliance with legal obligations, the changes herein may be effective immediately without respecting the aforementioned period.
Customer will be deemed to agree to the amendment of these Terms and Conditions if it continues to use the Service more than ten (10) days after the changes come into effect.
In the opposite case, the Customer is free to refuse the modifications and to put an end to the present ones in return for the reimbursement of the subscription fee on a pro rata temporis basis.
Article 8. Suspension du Service
Lanes reserves the right to suspend access to the Service as of right without notice or compensation if:
- Lanes is aware of access and / or misuse, fraudulent or unauthorized use of the Service;
- The Customer makes use of the Service likely to harm Lanes or third parties.
Article 9. Cancellation
Once the Service is suspended, Lanes reserves the right to terminate the present, without compensation, after a formal notice sent to the Customer by registered letter with acknowledgment of receipt remained ineffective eight (8) days after receipt.
The Customer may also terminate these terms subject to a notice period of two (2) months. However, in the event of an annual payment of the fee due, the Customer may not claim reimbursement on a pro rata temporis basis of its use of the Service except in cases where the termination is the direct consequence of a modification of the General Terms and Conditions.
The Customer may at any time delete permanently and on his initiative his account and all information attached thereto.
Article 10. Ownership
Right on the Content
10.1 The Customer of the Service owns the Content stored through the Service. The Customer remains the holder of all the intellectual property rights he holds on the stored Content.
10.2 For the purpose of enabling optimal use of the Service by Lanes, the Customer grants a license free of charge to Lanes allowing it to display and execute the Content within the limits of what is necessary for the operation of the Service on any terminals connected to the Internet known or unknown at the date of entry into force of this Agreement. For this purpose, Lanes is authorized by the Customer to reproduce the Content and to modify it but only to the extent that technical modifications are required to allow access to said Content on all terminals connected to the Internet.
10.3 This license is granted for the whole world and for the duration of the Subscription.
10.4 Customer warrants to Lanes that it owns all rights to the Content and / or that it is authorized by any means to exploit the Content it stores through the Service.
10.5 Lanes owns all intellectual property rights it may hold on the Service and the Software.
10.6 All texts, comments, illustrations and images, whether visual or audio, reproduced on the Site and that are not the property of Customers are reserved under copyright, trademark law, patent law, and this for the whole world for the benefit of Lanes. Any total or partial reproduction of the Site is strictly prohibited under penalty of infringement.
Right on the Service
10.7 Lanes owns all rights and titles relating to the Service including, but not limited to, software used to operate the Service that are hosted on Lanes’ servers.
10.8 Lanes grants a license to use the non-exclusive Service of one (1) year renewable at the initiative of the Customer in return for payment of the fee as determined by the Fee Schedule. For the purpose of enabling the Customer to use the Service, Lanes also grants to Customer a personal, worldwide, non-transferable, non-exclusive license to use the Lanes Software.
10.9 Lanes may use software provided by third parties. In doing so, Lanes guarantees to own the rights to use this software.
Article 11. Modification and updating of the Service and the Software
Lanes wishes to offer an optimal service to its customers and may make changes that may affect the operation of the Service punctually and temporarily.
Lanes may perform software updates on your computer terminals to enhance, strengthen, repair or expand the Service without this list being limiting. The update will be optional for the Customer who will nevertheless be obliged to accept it when the update concerns a security requirement or compliance of the Client Software with its counterpart hosted on our servers. In the absence of acceptance, the Customer’s access to the Service will be suspended.
Article 12. Liability
Lanes can not be held responsible for any damage that may be suffered by a Customer, in particular operating losses or information, resulting from possible malfunctions, failures, delays or interruptions in access to the Internet.
Lanes’ liability to the Customer can only be incurred for established facts that are exclusively attributable to it.
The responsibility of Lanes can not be engaged because of the misuse of the Service by the Customer, in particular during the disputes that the Clients could raise.
Lanes can not be held liable for direct or indirect damages resulting from the use of the Service, unauthorized access or loss of Customer Content, account information, or lack of diligence to protect the word password.
The Customer is responsible for the access he authorizes and the use of the Content by third parties.
The Customer undertakes to indemnify Lanes for all claims, liabilities, damages, losses and expenses that may arise from third parties and that are the consequence of the use of the Service by the Customer.
Article 13. Hosting Responsibility
Lanes is under no legal obligation to monitor Content transmitted or stored via the Site. The only obligations inherent to our quality of shelter relate to (i) the fight against certain contents (the apology of the crimes against humanity, the incitement to the racial hatred, the childish pornography, the incitement to the violence, the violation of human dignity); (ii) the retention of your connection data, which is otherwise covered by professional secrecy and processed in accordance with the legal provisions; and (iii) the removal of any manifestly unlawful content, once we have actually been informed of it.
Article 14. Third Party Services
Lanes may disclose links to third-party websites or third-party applications in connection with the use of the Service and will rely, for certain features, on services offered by outside companies in connection with the use of the Service. provision of Lanes Service. The Customer acknowledges that Lanes can not assume any responsibility for any malfunction or unavailability of these sites, applications and services offered by external companies.
Article 15. Features Usage Statistics
As part of its policy of constant improvement of the Service, Lanes informs Customers that a statistical analysis of the use of the various functionalities of the Service will be carried out. This analysis will not relate to the Content but will be limited to quantifying the use of the features. In any case, this data will be anonymous.
Article 16. Complaints
16.1 Lanes intends to protect the intellectual property rights of all Clients but also third parties who may complain of a violation of their intellectual property rights.
In order to prevent any infringement of the intellectual property rights of third parties, Lanes undertakes to respond to all claims that are communicated to it.
Nevertheless, Lanes can not assume any obligation to take charge of any legal action likely to enforce the intellectual property rights of all third parties who remain solely responsible for the opportunity to take legal action.
16.2 Customers of the Service may encounter problems that we invite them to submit via our support by email using the email addresses firstname.lastname@example.org and email@example.com. Lanes undertakes to respond as soon as possible to any complaint.
Article 17. Applicable Law
These Terms are subject to French law. In case of dispute over their interpretation or the execution of any of its stipulations and failing amicable agreement between the parties, the French courts will be competent to hear the dispute.
Article 18. Other
The provisions of these Terms are divisible. In the event that a provision of the TOS is declared by a competent jurisdiction, null and void or inapplicable, the other provisions remain valid and retain full effect.