AirSaas General Terms of Use

AirSaaS SASRCS Toulouse no. 893 294 294 991231 rue Pierre et Marie Curie — 31670 Labège, France Contact email: legal@airsaas.io.

  • Effective date: 1/09/2023

  • 1. Purpose
  • The AirSaaS company (” AirSaaS ”) offers services called” Reporting project ” for their employees (” You ”) allowing them to manage their projects as well as a search engine dedicated to the various Saas solutions that exist on the market (the” Platform ”).
  • In this context, AirSaaS grants you a license to use the Platform free of charge (the” License ”).
  • These general conditions of use (the” General conditions ”) govern your use of the Platform and aims to define the terms and conditions under which AirSaaS:
  • • Grants you a non-exclusive, personal and non-transferable License to use the Platform;
  • • Ensures the provision of hosting, maintenance and support services for the Platform.
  • (together the” Services ”).
  • You accept the General Conditions by checking a box when creating your Account as defined below.
  • If you do not agree to all of the Terms and Conditions, you cannot access the Services.
  • 2. Access to the Platform
  • You can access the Services by going directly to the Platform.
  • You will receive an email containing a link to our Platform allowing you to register. You must then enter your name, first name and create a password.
  • Registration automatically results in the opening of an account in your name (the” Account ”) that allows you to access our Services using your login ID and password.
  • You guarantee that all information you provide to AirSaaS when registering is accurate, up to date, and truthful and is not misleading.
  • You undertake to update your information in the Account in the event of changes (in particular in the event of a change of email address), so that they always correspond to the above criteria.
  • You are informed and agree that the information entered for the purpose of creating or updating your Account is proof of your identity. The information entered is binding on you as soon as it is validated.
  • You can access your Account at any time after identifying yourself using your login ID and password.
  • You are responsible for maintaining the confidentiality and security of your username and password.
  • You should immediately contact AirSaaS at legal@airsaas.io if you notice that your Account has been used without your knowledge. You acknowledge that AirSaaS has the right to take all appropriate measures in such cases.
  • 3. Terms and conditions for the provision of the Services
  • 3.1. License of use on the Platform
  • Subject to your acceptance of the General Conditions, AirSaaS grants you the right to use the Platform, for your professional use.
  • In this context, AirSaaS grants you, for the whole world and for the duration provided for in the article” Duration, unsubscribe ”, a non-exclusive, personal and non-transferable license to use the Platform in its existing version on the date hereof and in any future versions, as well as its technical documentation, in SaaS mode.
  • The License is granted for the sole purpose of using the Platform, in accordance with the terms and conditions set out herein and for your own needs.
  • As a result, you are prohibited from:
  • • Reproduce, arrange, adapt all or part of the Platform;
  • • Carry out any form of commercial exploitation of the Platform with third parties;
  • • Transfer, provide, lend, rent the Platform, grant sublicences or other rights of use, or more generally, to communicate all or part of the Platform to a third party or an affiliated company;
  • • Integrate all or part of the Platform into any computer system or any other software solution other than those provided for herein;
  • • Proceed with the remote transmission of the Platform, its networking, in particular on the Internet or its distribution in any other form, without the prior written authorization of AirSaaS.
  • 3.2 Corrective and evolutionary maintenance
  • During the duration of the Services, you benefit from maintenance, in particular corrective and evolutionary maintenance.
  • In this context, access to the Platform may be limited or suspended.
  • Regarding corrective maintenance, AirSaaS makes its best efforts to provide you with corrective maintenance in order to correct any malfunction or bug identified on the Platform.
  • Regarding evolutionary maintenance, you benefit during the duration of the Services from evolutionary maintenance, which AirSaaS can carry out automatically and without prior information, and which includes improvements in the functionalities of the Platform and/or technical installations used as part of the Platform (aimed at introducing minor or major extensions).
  • Access to the Platform may also be limited or suspended for reasons of planned maintenance.
  • 3.3. Hosting the Platform
  • AirSaaS ensures, under an obligation of means, to ensure the hosting of the Platform, as well as the data produced, entered and exchanged between you, in accordance with the practices of the profession and the state of the art, on the servers of a recognized professional hosting provider in this field, located in a territory of the European Union.
  • 3.4. Technical support
  • In case of difficulty encountered while using our Services, you can contact the AirSaaS technical support department by email at the following coordinates: Monday to Friday, excluding holidays or holidays, from 8 am to 6 pm.
  • Depending on the identified need, AirSaaS will estimate the response time and keep you informed.
  • 4. Proof agreement
  • You expressly acknowledge and agree to:
  • • that the data collected on the Platform and the AirSaaS information system are evidence of the reality of the operations carried out hereunder,
  • • that this data is the main form of evidence accepted between the parties.
  • 5. Duration of the Services, unsubscription
  • The Services are subscribed for an indefinite period of time.
  • You can unsubscribe from the Platform at any time by sending a request to AirSaaS for this purpose to the contact details specified at the top of this document. You will then no longer have access to your Account.
  • In the event of your absence of connection to your Account for a period of 3 years, AirSaaS may delete the Account, after giving 3 months' notice.
  • In the event of deletion, you can request the return of the data concerning you in an open format readable by a machine.
  • 6. Your obligations
  • You undertake to respect the provisions hereof in your use of the Platform as well as the laws and regulations in force, and not to infringe the rights of third parties or public order.
  • You are solely responsible for your use of the Platform and the Services.
  • You undertake to provide AirSaaS with all the information necessary for the execution of the provisions of the General Conditions. More generally, you agree to cooperate actively with AirSaaS in order to ensure the proper execution of these.
  • You are solely responsible for the documents, items, data, data, information and any content that you provide to AirSaaS in connection with the use of the Platform and the Services. You guarantee to AirSaaS that you are authorized to provide it with these elements and that you have all the rights and authorizations necessary for their exploitation within the framework of the Platform and the Services.
  • You are solely responsible for your use of the Platform and for all the information, statements and documents that you provide on it (the” Contents ”). You are also solely responsible for any decision you make in connection with and/or resulting from the use of the Platform, the Services and for the final assessment of its effective compliance with the regulations for which you use the Platform. AirSaaS cannot be held liable in this respect, which you expressly acknowledge and accept.
  • You acknowledge that you have read the Platform and all of its characteristics.
  • You agree to make strictly personal use of the Platform and the Services. You therefore agree not to assign, grant or transfer all or part of your rights or obligations hereunder to a third party, in any manner whatsoever.
  • You are solely responsible for complying with the laws and regulations applicable to your activity and for the content broadcast hereunder. As a result, under no circumstances will you be able to seek AirSaaS liability or warranty in this respect.
  • You agree to defend, guarantee and indemnify AirSaaS against any recourse, liability, liability, loss, expense or damage (including defense costs and expenses) as a result of any dispute arising between you and any third party arising from the use of the Platform and the Services.
  • 7. Prohibited behaviors
  • It is strictly forbidden to use the Platform for the following purposes:
  • • the exercise of illegal, fraudulent activities or activities that infringe the rights or security of third parties,
  • • the violation of public order or the violation of laws and regulations in force,
  • • intrusion into a third party's computer system or any activity likely to harm, control, interfere, or intercept all or part of a third party's computer system, violating its integrity or security,
  • • manipulations intended to improve the referencing of a third party site,
  • • aiding or encouraging, in any form and in any manner whatsoever, to one or more of the acts and activities described above,
  • • and more generally any practice that diverts the Services for purposes other than those for which they were designed.
  • It is strictly forbidden to copy and/or misappropriate the concept, technologies, all or part of the data or any other element of the Platform for their purposes or those of third parties.
  • Are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempts to intrude into AirSaaS systems, (iii) any misuse of the Platform's system resources, (iv) any actions likely to impose a disproportionate load on the Platform's infrastructures, (v) any attacks on security and authentication measures, (vi) all acts of likely to infringe financial or commercial rights and interests or ethics of AirSaaS, and finally more generally (vii) any breach of the General Terms and Conditions.
  • It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the Platform, as well as to the information hosted and/or shared there.
  • 8. AirSaaS obligations and responsibilities
  • AirSaaS is committed to securing the Platform and providing the Services diligently and according to the rules of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which you expressly acknowledge and accept.
  • AirSaaS is committed to ensuring the permanence, continuity and quality of access to the Platform and the Services.
  • Given the complexity of the Internet, the inequality in the capacities of the various sub-networks, the influx of traffic at certain hours and the various bottlenecks over which AirSaaS has no control, AirSaaS's responsibility will be limited to the operation of its servers (understood as its own servers or those of the hosting provider it uses), whose external limits are constituted by the connection points.
  • AirSaaS cannot be held responsible for (i) server access speeds, (ii) slowdowns external to servers, and (iii) poor transmissions due to a failure or malfunction of these networks and (iv) a poor connection to the Internet (v) the difficulties or temporary impossibilities of access to the Platform which would be caused by circumstances external to it, (vi) force majeure.
  • In the event of the need for scheduled maintenance, AirSaaS reserves the right to limit or suspend access to the Platform in order to carry out any maintenance and/or improvement operations. In this case, AirSaaS undertakes to inform you in advance of these maintenance and/or improvement operations, within a reasonable period of time, by any useful means and in particular by general informative message on the Platform, of these maintenance operations.
  • AirSaaS undertakes to make its best efforts to perform Account backups, in order to allow them to be restored, as at the date of said maintenance and/or evolution operations. AirSaaS cannot under any circumstances be held liable in the event of loss of data or information during maintenance and/or evolution operations, except for proven faults directly and strictly attributable to AirSaaS.
  • AirSaaS is committed to making its best efforts to ensure the security of the Platform, and your Account. It guarantees exclusive access to your profile and is prohibited from communicating its content to any third party.
  • However, AirSaaS cannot be held liable in the event of malicious entry into the storage space reserved for you, as long as it is not shown that the security measures it put in place were seriously deficient.
  • You are expressly informed that the Platform is a compliance support tool, but that it does not guarantee its effective and exhaustive compliance with the regulations in question, which depends on its own actions, and AirSaaS cannot be held liable in this respect.
  • In this respect, you are informed and agree that the levels of compliance that are indicated in relation to the Platform are only indications based on your statements and objective rules of assessment that can be deduced from the regulations concerned, which must be supplemented, if necessary, by an analysis and/or an assessment by yourself or by any advice of your choice (the Platform cannot, for example, examine the conformity of the documents produced by you with a given regulation and/or provided). by a third party).
  • AirSaaS cannot be held responsible for the decisions you have made or by any third party designated by you. Likewise, AirSaaS can in no way be held responsible for the information, statements and Contents that you have provided on the Platform, over which it does not exercise any control, verification or moderation of any kind.
  • AirSaaS does not guarantee you (i) that the Platform and the Services, subject to constant research to improve their performance and progress in particular, will be completely free of errors, defects or defects, (ii) that the Platform and the Services, being standard and in no way offered for the sole purpose of a given user according to their own personal constraints.
  • 9. Intellectual property
  • The General Terms and Conditions in no way affect the pre-existing intellectual property rights of each of the parties.
  • 9.1. Your intellectual property rights
  • The systems, software, structures, infrastructures, databases and contents of any kind exploited that you enter in the course of your activity and communicated to AirSaaS for the execution of these terms and conditions are protected by all intellectual property rights or rights of database producers in force.
  • AirSaaS benefits hereunder only from a license to use those of the elements to which you will give access or that you transmit to it, for the duration of these terms and for the sole purpose of executing them.
  • 9.2. AirSaaS intellectual property rights
  • You expressly acknowledge that the General Terms and Conditions do not grant you any intellectual property rights to the Platform, which remains the exclusive property of AirSaaS.
  • You only have a license to use the Platform under the conditions defined herein.
  • Consequently, all disassembling, decompiling, decrypting, decrypting, extractions, extractions, extractions, re-uses, copies and more generally all acts of reproduction, representation, distribution and use of any of the elements composing the Platform, in whole or in part, without the authorization of AirSaaS, without the authorization of AirSaaS, are strictly prohibited to you and may be the subject of legal proceedings against you.
  • 10. Personal data
  • AirSaaS practices an accessible personal data protection policy hither, which you are invited to read.
  • 11. Force majeure
  • No party may be held liable for a failure to perform its contractual obligations if this defect is due to an event beyond the control of the parties and constituting force majeure, as defined in article 1218 of the Civil Code.
  • By force majeure, the parties agree in particular to mean the occurrence of an event presenting the characteristics of unpredictability and irresistibility usually recognized by French law and courts as well as strikes, terrorist activities, riots, insurrections, wars, wars, wars, wars, wars, wars, wars, wars, wars, governmental actions, governmental actions, governmental actions, epidemics, natural disasters or defect attributable to a third party telecommunications provider.
  • The prevented party must inform the other party as soon as possible, indicating the nature of the case of force majeure. The parties will work together to determine the most appropriate means to mitigate, if possible, the consequences of the event (s) constituting force majeure.
  • If the case of force majeure persists for more than 3 months, each party may terminate the Contract, ipso jure, without judicial formality, without notice and without the right to compensation of any kind whatsoever, by sending a registered letter with acknowledgement of receipt with immediate effect.
  • If, as a result of a force majeure event, the affected party is prevented from fulfilling only part of its contractual obligations, it remains responsible for the performance of the obligations that are not affected by the force majeure event.
  • As soon as the case of force majeure ceases, the prevented party must immediately inform the other party and resume the performance of the affected obligations within a reasonable period of time.
  • 12. Penalty in case of breach
  • In the event of a breach of your obligations, AirSaaS may suspend or delete your access to the Services and/or take legal action against you.
  • These sanctions are without prejudice to any damages that AirSaaS may claim from you.
  • 13. Modification of the General Conditions
  • AirSaaS may modify the General Terms and Conditions at any time and will inform you by any written means (and in particular by email). If you continue to use the AirSaaS Services after the entry into force of our amended Terms and Conditions, AirSaaS will assume that you have accepted them.

  • If you do not agree to these changes, you must terminate the Services in accordance with the terms set out in article” Duration of the Services, unsubscription ”.
  • 14. Applicable law
  • The General Conditions are governed by French law.