Terms and Conditions of Use

of myUpcyclea®

and Upcyclea.cloud

 

Last release: September 10, 2020

 

 

 

Presentation of services

 

The Upcyclea.cloud website is published by Upcyclea, a company with a capital of 1,170.30 euros, registered with the Paris Trade and Companies Register under number 820 645 091, whose office is located at 5 villa Hersent 75015 Paris, represented by Mrs. Christine GUINEBRETIERE, as President (hereinafter, “Upcyclea“).

 

Upcyclea.cloud gives access to:

  • Some functions of myUpcyclea® to publish needs, transformations or circular passports. myUpcyclea is a smart digital platform available in SaaS mode, developed and owned by Upcyclea, aimed at supporting users in the implementation and management of their circular flows. Users can characterize their deposits of used materials, their needs for secondary raw materials and their transformation capacities, in order to create resource regenerating ecosystems,
  • An international library of circular passports.

 

The User, by accepting the present conditions, expressly declares that he is acting in direct relation to his professional or commercial activity and that he is registered with the Trade Register of his region or country in the event that his registered office is outside France.

The User and Upcyclea are together referred to as the “Parties”, and individually as a “Party”.

 

0. Definitions

 

  • “Administrator”: role managed by Upcyclea and allowing to open myUpcyclea and upcyclea.cloud accounts to Users.
  • “General Terms and Conditions”: this is the document entitled “General Terms and Conditions of Use of myUpcyclea® SaaS and upcyclea.cloud”.
  • “Contributions”: contributions, interventions, services offered by Users via myUpcyclea® and the site upcyclea.cloud.
  • “Data”: refers to information, content, text, images, files, programs, data, including Personal Data, publications, and in general, any element that the User enters in myUpcyclea® or the site upcyclea.cloud, or generates during his use of the Services, and that may relate, in particular, but not limited to, circular passports, User needs, transformations, etc.
  • “Personal Data”: any information relating to an identified or identifiable natural person, as defined in the GDPR (European, General Data Protection Regulation).
  • “Dysfunction”: functional anomaly affecting to varying degrees the use of the Services.
  • “Identifiers”: refers to both the User’s identifier and the connection password, which are personal to the User and enable him/her to identify him/herself in order to access the Services.
  • “User Help”: online help provided by Upcyclea to the User after acceptance of the present General Terms and Conditions, in which the principles of use of myUpcyclea® are detailed.
  • “Web Browser”: software designed to consult the contents of the Web.
  • “GDPR (General Data Protection Regulation”: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
  • “Services” means access to and use of myUpcyclea® and its functionalities, access to the library of circular passports, as well as, in general, all services offered to the User by Upcyclea and to which the User has subscribed.
  • “Users”: refers to persons registered to the circular passport library, to the myUpcyclea functions offered, and to manufacturers subscribing to the “passport creation” service of myUpcyclea.

 

1. Purpose of the General Terms and Conditions

 

The purpose of these General Terms and Conditions is to define the terms and conditions under which Upcyclea makes the upcyclea.cloud site available to the User and, through this site, gives access to certain functions of the SaaS myUpcyclea, to the library of circular passports, as well as, in general, to the Services.

The User who accesses the Services offered by Upcyclea undertakes to respect, without reservation, these Terms and Conditions.

Upcyclea consents to the User:

  • A right of access to Upcyclea’s servers under the conditions set out in these General Conditions,
  • A right to use myUpcyclea and the circular passports library, subject to the authorizations granted by Upcyclea,
  • A set of Services hereafter defined, including Data hosting, maintenance of myUpcyclea® and upcyclea.cloud, and technical support.

The present Terms and Conditions are expressly accepted by the User, who has read them.

 

2. Contractual documents

 

Except in the case of subscription to the General Terms and Conditions of Sale in a distinct but complementary manner, the present General Terms and Conditions represent the entirety of the commitments that exist between the User and Upcyclea. No prior commitment can replace them. Any other document such as the User’s general terms and conditions of purchase, commercial proposals, prospectuses or catalogues are expressly excluded from the contractual documents

To have access to the Services, the User must expressly accept these General Terms and Conditions when signing-up to the Circular Passport Library, or, via a checkbox, when first connecting to the myUpcyclea functions. Any access and/or use of the Services implies the User’s unreserved adhesion to the provisions of these General Conditions.

The User may be informed of the General Terms and Conditions in place at any time upon request to the following address contact@upcyclea.cloud.

Upcyclea may modify the present Terms and Conditions at any time, in order to take into account any legal, regulatory, jurisprudential, economic and/or technical evolution. Any substantial modification of the General Terms and Conditions will be subject to prior acceptance by the User.

When the User makes use of the Services after the entry into effect of any modification to these Terms and Conditions, he or she is deemed to have accepted the modification(s) in question.

 

3. Effect and Duration

 

The present General Terms and Conditions are concluded between Upcyclea and the User for an unspecified period of time.

The User is free to terminate them under the conditions set forth in Article 15 (“Termination”). Any new access to the Services and/or to myUpcyclea® and/or upcyclea.cloud implies acceptance of the General Terms and Conditions in place.

 

4. Description of the Services

 

 myUpcyclea Functions

 

myUpcyclea® is a hosted SaaS software, available through the Internet, that allows to create and manage circular ecosystems.

The functions of myUpcyclea available from upcyclea.cloud allow to:

  • Needs manager, to characterize free of charge his needs in reuse or secondary raw materials, to create new circular passports, and to validate/refuse offers.

The needs entered by the “needs manager” will be submitted for validation by the Upcyclea supervisor in order to guarantee the quality of the published needs. The supervisor may refuse certain requirements, in particular if their content is obviously incomplete, or of a racist, homophobic or offensive nature, without the needs manager being able to object.

  • Manufacturer, to create as many circular passports as he or she wishes free of charge, and, depending on the subscription plan chosen, to request the rating of his or her passports by Upcyclea,
  • Transformations manager, to publish his transformations for free, and to accept/refuse requests.

 

Library of circular passports

 

By signing-up to the passports library on the upcyclea.cloud homepage, Users can view all circular passports published by the manufacturers.

Manufacturers can declare as many passports as they wish free of charge and all published passports will be visible in the library. On the other hand, the pictograms associated with passports, and resulting from Upcyclea’s passports rating actions, will only be visible if the manufacturer has taken out a “basic”, “standard” or “premium” subscription, and has requested a rating for its passports from Upcyclea.

 

Visibility Rules

 

When the User enters Data into myUpcyclea® to benefit from the Services, the User agrees that the Data:

  • Be visible to other Users, under the “visibility conditions” in place in myUpcyclea® and detailed below,
  • Be processed by myUpcyclea’s algorithms, for the purposes of the execution of these Terms and Conditions,
  • Be accessible by Upcyclea people who specifically have the role of Administrator for maintenance, problem correction, consistency checking or efficiency of myUpcyclea® and upcyclea.cloud.

The visibility conditions are as follows. For a given User account:

  • The circular passports created by a manufacturer can be viewed by anyone who has opened an access account to the circular passports library on upcyclea.cloud, the needs managers on upcyclea.cloud and anyone who has subscribed to the myUpcyclea SaaS. To do so, passports must have been previously published by the Upcyclea supervisor. The function to create passports is free and unlimited on upcyclea.cloud.

On the other hand, the passport-scoring pictograms will only be visible if the manufacturer has taken out a Basic, Standard or Premium subscription with Upcyclea, under the conditions defined by the subscription plan, i.e. for a given brand:

    • “Basic” subscription plan: ratings visible for up to 10 passports,
    • “Standard” subscription plan: visible ratings for passports max,
    • “Basic” subscription plan: ratings visible for all published passports.
  • The needs created by a needs manager are visible to all myUpcyclea SaaS subscribers, once these needs have been accepted by the Upcyclea supervisor (and therefore published). On the other hand, on upcyclea.cloud, requirements created by a needs manager are not visible to other needs managers. The needs creation function is free and unlimited on upcyclea.cloud. Note that, for a need to be public, the needs manager must check the box “public need”.
  • The transformations created by a transformations manager are visible to all users subscribed to the myUpcyclea SaaS, once these transformations have been accepted by the Upcyclea supervisor (and therefore published). On the other hand, on upcyclea.cloud, transformations created by a transformations manager are not visible to other transformations managers. The function of creating transformations is free and unlimited on upcyclea.cloud
  • The personal Data of each User is only visible and modifiable by the Administrator (except for the password which is not accessible to any User). In addition, an Administrator has the functionalities to connect directly to an account he manages.

The User is fully responsible for the quality, accuracy and updating of the Data entered in myUpcyclea® and upcyclea.cloud. Upcyclea cannot be held liable for this. It is therefore incumbent upon Users to make all checks that seem necessary or appropriate before using the Services or making their Data available.

In case of proven inconsistencies, problems detected by Upcyclea or reported by Users, Upcyclea may check and, if necessary, refuse to accept Data provided by the User. The User undertakes to take into account any requests for modification or deletion by Upcyclea (for example, concerning the modification of Data or its completeness, or the deletion of inconsistent Data), with a view to the proper use of the Services.

The role of myUpcyclea® and upcyclea.cloud is to put Users in contact with each other. Upcyclea is not responsible for the Contributions delivered (or not delivered) by the User, nor for any dissatisfaction or claim relating to a Contribution. The use of the Services does not diminish, modify or share (in particular with Upcyclea) the responsibility and obligations of Users among themselves. Each User exercises his or her professional practice in accordance with his or her own regulatory and legal obligations, his or her own ethical rules, norms and standards, and any other rules that may be applicable to him or her.

The programming of a Contribution on myUpcyclea® and et upcyclea.cloud constitutes a firm commitment on the part of the User towards one or more other User(s). For the proper use of the Services, each User is invited to provide all required information and undertakes to deliver the scheduled Contributions to its attention. In case of a problem encountered by a User in delivering a Contribution, the User must at the very least notify the other Users concerned, and if possible, reschedule the completion of the Contribution. The User acknowledges and agrees to assume exclusively the consequences of any failure to perform or failure to perform a Contribution.

 

5. Network and Access

 

Upcyclea puts in place the means necessary for the proper functioning of the Services. Upcyclea takes the necessary measures to maintain the continuity and quality of the Services.

The costs of accessing and using the telecommunications network (Internet access costs, telephone costs, etc.), as well as costs relating to the User’s equipment (computer, telephone, software, etc.) to access the Services are the responsibility of the User, in accordance with the terms and conditions set by his or her access providers and electronic communications operators.

It is the User’s responsibility to ensure that he has the technical and computer means necessary to use myUpcyclea® and upcyclea.cloud: an ADSL connection or higher as well as a computer with the latest version of the Chrome browser, Firefox or any other compatible web browser.

The User must also ensure that the computer configuration of his hardware/equipment is in good working order and does not contain any viruses.

Furthermore, it is strongly advised to use the “Google Chrome” Web Browser, as myUpcyclea® has been optimized for use via this Browser. Upcyclea cannot be held responsible for any malfunctions that may occur if the customer uses another web browser.

The procedure for accessing myUpcyclea® is detailed in the User Help.

 

6. Securing Access to myUpcyclea and upcyclea.cloud

 

To get free access to the library of circular passports, the user will have to sign up directly on upcyclea.cloud. He will automatically receive emails that will help him in his connection process.

In order to access myUpcyclea, Needs/Manufacturers/Transformations Identifiers are required. These Identifiers are provided to the User by Upcyclea via an activation email sent by myUpcyclea.

The purpose of the Identifiers is to reserve access to myUpcyclea® and the Services to the Administrator and the Users, to protect the integrity and availability of myUpcyclea®, as well as the integrity, availability and confidentiality of the Data as transmitted by the Users.

The User is entirely responsible for the use of his User profile and the Identifiers that have been given to him. It is the User’s responsibility to keep his or her Identifiers confidential, and to ensure that no unauthorized person has access to myUpcyclea®.

Any use of the Services, connection or transmission of Data carried out via a User with his/her Identifiers will be presumed to have been carried out by this User, under his/her exclusive responsibility, unless written and duly motivated denunciation is sent to Upcyclea.

Upcyclea shall not be held liable for the loss of one or more Identifiers and, in the absence of prior and regular written notice of objection to Upcyclea, for the damaging consequences of the use of the User profile by an unauthorised person. In case of loss or theft of one of the Identifiers, the User will follow the procedure set up by Upcyclea’s Administrator, allowing him to recover his Identifiers and renew his password.

Upcyclea has no power to control the veracity of the information transmitted by Users for the creation of a User profile. Consequently, Upcyclea cannot be held liable for false declarations or identity theft made by Users. Users undertake to provide Upcyclea with accurate information and to update it as it changes over time.

The User assumes responsibility for the protection of the equipment enabling him/her to access myUpcyclea®, upcyclea.cloud and the Services.

Upcyclea is not liable for any damage caused to the User’s equipment and/or Data via the Internet network or by other means that are not under the control of Upcyclea or are beyond its control.

 

7. Quality of Services

 

Upcyclea undertakes to make every effort to ensure that the User can access and use the functions of myUpcyclea, and the passport library available in upcyclea.cloud in accordance with the provisions of these Terms and Conditions. To the extent possible, Upcyclea strives to ensure that the User can access myUpcyclea® and the Services at all times and that myUpcyclea® and the Services are reasonably operational and available.

The User is warned of the technical hazards inherent to the Internet, and of any access interruptions that may result. Consequently, Upcyclea shall not be held liable for any unavailability or slowdown of myUpcyclea® or upcyclea.cloud if these are related to problems in the User’s access to the Internet or any other problem that prevents the Customer’s normal access to the Internet.

Upcyclea provides no guarantee, express or implicit, with respect to the User, concerning the quality and compatibility of myUpcyclea® and upcyclea.cloud with the User’s uses, equipment and software. In particular, Upcyclea does not guarantee that myUpcyclea® and upcyclea.cloud will meet the User’s needs, that the use of myUpcyclea® and upcyclea.cloud will be uninterrupted or free of errors, or that the information provided by Upcyclea via myUpcyclea® or upcyclea.cloud is accurate or exhaustive.

myUpcyclea® and/or upcyclea.cloud may occasionally be suspended due to maintenance interventions, updates or technical evolutions decided by Upcyclea.

myUpcyclea® and upcyclea.cloud are provided as is, and are accessible without any guarantee of availability and regularity. Nevertheless, Upcyclea endeavors to make the Services accessible and functional at all times, except in the event of force majeure or an event beyond Upcyclea’s control, through no fault of its own, and subject to maintenance periods, possible breakdowns, technical contingencies linked to the operation of the Internet network or acts of malicious intent, or damage to Upcyclea’s hardware or software.

 

8. Maintenance and Assistance

 

Upcyclea takes charge of and plans, at its discretion, the maintenance, updates, improvements and evolutions of myUpcyclea® and upcyclea.cloud, of which the User will be informed at least two (2) working days before the start of the operation.

Upcyclea will make every effort to correct any malfunctions affecting myUpcyclea® or upcyclea.cloud as soon as possible and to make any improvements it deems useful. Nevertheless, Upcyclea provides no guarantee, express or implied, as to the absence of Malfunctions, for any reason whatsoever, nor as to the resolution of these Malfunctions, and cannot be held liable for the consequences resulting from these Malfunctions.

A Chat Support Service is available directly on myUpcyclea®, during CET business hours, from Monday to Friday. Malfunctions can be reported to Upcyclea via this interface or by e-mail at the following address: support@upcyclea.com.

For maintenance purposes, Upcyclea may access Users’ accounts, which the User accepts. Upcyclea undertakes not to modify, delete or add Data or Contributions to the accounts to which it has access, unless the User’s explicit prior agreement has been obtained.

 

9. Licence of use

 

Subject to the provisions set forth in these Terms and Conditions, Upcyclea grants the User a personal, non-exclusive, non-transferable and non-assignable right to use myUpcyclea® and upcyclea.cloud for the entire duration of the execution of these Terms and Conditions and for the entire world, for its internal needs, to the exclusion of any other purpose (in particular commercial purposes).

The right to use means the right to use myUpcyclea® and upcyclea.cloud in accordance with its intended purpose.

The Administrator is authorized to create User accounts for members of his organization, but he is also authorized to create User accounts for partners outside his organization.

 

10. Protection of Personal Data

 

10.1. Upcyclea’s obligations as data controller

 

Upcyclea protects the Personal Data of its Users and treats them as confidential information.

In the context of providing myUpcyclea® and upcyclea.cloud, in particular in the event of technical assistance to the User, Upcyclea may have access to User Data, including Personal Data. These Personal Data may also be necessary for Upcyclea for billing purposes.

Thus, Upcyclea requires the following Personal Data: First Name, Last Name, Telephone, E-mail, Name of the organization in order to create an account for the User. For the technical operation of myUpcyclea® and upcyclea.cloud, as a dematerialized platforms, Upcyclea is also required to process connection data relating to Users.

The Personal Data requested by Upcyclea is necessary for the provision of myUpcyclea® and upcyclea.cloud, and the absence of information on the required Personal Data may block all or part of the provision of the Services.

These Personal Data are processed on legal basis of the present Terms and Conditions, to which the User is a party.

For the processing of Personal Data identified in this Article 10.2, the data controller is Upcyclea, as identified in the preamble of these General Conditions entitled “Presentation of Services”.

Upcyclea may be contacted for any request or complaint concerning Personal Data at support@upcyclea.com.

Users’ Personal Data is kept by Upcyclea for the duration necessary to achieve the purposes for which it was collected. At the most, subject to archiving or conservation needs justified by legal or regulatory provisions, this duration will not exceed 2 months from the deletion of the User’s account.

Access to Users’ Personal Data is limited to authorized Upcyclea staff or its duly authorized service providers who need to know such data in the course of their duties.

It may also be communicated to the competent authorities, for the purposes of prevention and detection of offences or fraud when required by law, or to meet any legal obligation to which Upcyclea may be subject, as well as to Upcyclea’s professional advisers who are bound by an obligation of confidentiality.

Upcyclea implements the technical and organizational measures necessary to ensure the security and confidentiality of Users’ Personal Data, and to prevent it from being distorted, damaged or communicated to unauthorized third parties.

Upcyclea cannot, however, guarantee the confidentiality or deletion of Personal Data made public or disclosed by the User. The User remains responsible for access to his User account: he is invited not to communicate his Identifiers to unauthorized third parties, and to immediately notify Upcyclea in the event of doubt as to any unauthorized access or use of his Identifiers.

Under the conditions set forth in the GDPR and applicable legislation, and according to the terms and conditions set forth in these General Terms and Conditions, the User has the following rights over his Personal Data:

  • Right of access and rectification,
  • Right of deletion,
  • Right to withdraw a given consent at any time,
  • Right to limit the processing of Personal Data,
  • Right to object to the processing of Personal Data,
  • Right to the portability of Personal Data, when these data are subject to automatic processing based on their consent or on a contract (Article 20 GDPR)
  • The right to determine the fate of Users’ data after their death and to choose to whom Upcyclea will communicate (or not) their data to a third party that they have previously designated

For more information on his rights, the User is invited to consult Chapter III “Rights of the person concerned” of the GDPR.

To exercise his rights, the User may send a message to support@upcyclea.com. If necessary, he may be asked to provide proof of identity, which will be kept for the time necessary to verify the User’s identity.

If Upcyclea is unable to comply with the User’s request, it will explain the reasons for refusal or the applicable restrictions.

The User may file a complaint with the competent control authority in his or her country, e.g. the CNIL in France (https://www.cnil.fr/fr/plaintes).

 

10.2. Obligations of the User as data controller

 

With regard to the entry of Personal Data by the User in myUpcyclea® and upcyclea.cloud, as well as any collection of Personal Data by the User for purposes that are specific to him/her, the User guarantees Upcyclea that he has complied with all of his obligations under the terms of the GDPR, allowing him/her to enter this Personal Data in myUpcyclea® and in upcyclea.cloud. For this processing of Personal Data, the User is considered as the data controller.

As such, the User undertakes, without limitation, to have a valid legal basis to communicate the Personal Data (for example: the consent of the person concerned), to have correctly informed the persons concerned, to have the internal documentation necessary under the GDPR, and more generally to respect the principles resulting from the GDPR and allowing the processing of Personal Data when using myUpcyclea® and upcyclea.cloud.

Pursuant to this Article 10.2, the User guarantees Upcyclea against any recourse, complaint or claim from a natural person whose Personal Data is reproduced and hosted via myUpcyclea® or upcyclea.cloud.

The User is solely responsible for the quality, legality and relevance of the Data and content that he enters into myUpcyclea® and upcyclea.cloud. The User also guarantees that he holds the necessary rights and authorizations to use the Data and content. Consequently, and subject to Article 10.1 above, Upcyclea cannot be held liable in the event of non-compliance by the User with the laws and regulations applicable to such Data and content.

 

  1. Sécurity/Protection of Data

 

Each Party undertakes to implement appropriate technical means to ensure Data security.

Subject to the Article “Responsibility”, Upcyclea undertakes to preserve the integrity and confidentiality of the Data contained in myUpcyclea® and upcyclea.cloud , and processed during the execution of the Services. Upcyclea puts in place technical and organizational measures to prevent all access or fraudulent use of Data and to prevent all losses, alterations and destruction of Data.

 

12. Intellectuel Property Rights

 

12.1. User Data

 

The User may be required to provide Data in the context of the use of the Services, in a professional context. The User guarantees Upcyclea that he/she has the necessary authorizations or rights to communicate Data when using the Services. Thus, the registration of Data in myUpcyclea® and upcyclea.cloud is done under the User’s responsibility.

Consequently, Upcyclea cannot be held liable for the misleading or illicit nature of the Data or for the posting of Data by a User, and reserves the right to withdraw any Data that does not comply with these Terms and Conditions and/or with current French legislation.

Each User grants Upcyclea, within the framework of the needs of operation, normal use and improvement of myUpcyclea® and upcyclea.cloud, a license concerning the rights of representation, reproduction, adaptation of all or part of the Data, on all media and all formats and by all means or processes, both known and unknown to date.

This license is granted on an exclusive basis and without financial compensation, for the entire world and for the entire duration of the protection of the Data by the intellectual property rights that would apply to it.

 

12.2. Rights held by Upcyclea

 

Upcyclea is and remains the owner of the property rights relating to any element of myUpcyclea® and upcyclea.cloud made available to the User, as well as, more generally, the IT infrastructure (software and hardware) implemented or developed within the framework of these General Terms and Conditions.

Upcyclea provides the User with resources and content of any kind that may include, but are not limited to, the following:

  • Graphics, data, logos, photographs, texts, files, sounds, videos, animations, interfaces, databases, etc.
  • Trademarks or other distinctive signs belonging to Upcyclea, (together the “Upcyclea Contents”).

Upcyclea Content is published by Upcyclea and is the exclusive property of Upcyclea or its respective owners who have authorized Upcyclea to use it. These Terms and Conditions may not be interpreted as an assignment of intellectual property rights over myUpcyclea®, upcyclea.cloud, the Services, and the elements that make them up.

Except to benefit strictly from the Services in accordance with these Terms and Conditions, Upcyclea Content may not be used by the User without the prior written consent of Upcyclea. In particular, the User is prohibited from adapting, arranging, modifying, correcting, associating, translating into any language or languages, placing on the market, whether free of charge or in exchange for payment, or marketing all or part of the Services or any of the elements that make them up, regardless of the means and medium used.

 

13. Liability

 

Upcyclea is only bound by an obligation of means in the performance of all its obligations, which implies the demonstration of the existence of a fault on its part in order for it to be held liable.

Each Party shall be liable for the consequences resulting from its faults, errors or omissions, as well as from the faults, errors or omissions of its subcontractors, if any, and causing direct damage to the other Party.

In addition, and in case of proven fault on the part of the User, Upcyclea shall only be held liable for compensation for the pecuniary consequences of direct and foreseeable damage resulting from the execution of these General Terms and Conditions. Consequently, under no circumstances may Upcyclea be held liable for any indirect or unforeseeable loss or damage suffered by the User or third parties.

To the extent permitted by current legislation, the amount of Upcyclea’s liability is strictly limited to the reimbursement of the sums actually paid by the Customer on the date of occurrence of the event giving rise to liability, per day of interruption based on the average consumption of the last twelve (12) months.

As deletion is part of Upcyclea’s functionalities, Upcyclea cannot be held liable for the accidental deletion of one or more Data by the User.

 

14. Force majeure

 

Neither of the Parties may be held liable for any failure whatsoever to meet its obligations under the Agreement if such failure results from a case of force majeure, such as, but not limited to, the following: a government decision, including any withdrawal or suspension of authorizations of any kind, a total or partial strike, internal or external to the company, a fire, a natural disaster, a state of war, a total or partial interruption or blockage of the telecommunications or electrical networks, an act of computer piracy or more generally any other event of force majeure with the characteristics defined by case law.

The Party observing the event shall immediately inform the other party of its inability to perform its service.

The suspension of the obligations or the delay may in no case be a cause for liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.

 

15. Termination

 

The User can at any time ask the Administrator of the myUpcyclea® and upcyclea.cloud, to close his account.

The Client User can at any time ask to close his account by writing to support@upcyclea.com.

In case of termination, any User may request the recovery of his Data. Upcyclea will respond to this request within a maximum period of two (2) months. Failing such a request, any element of the account, including Identifiers and Data, may be deleted by Upcyclea.

In case of breach by the User of articles 3 (“Effect and duration”), 4 (“Description of Services”), 5 (“Network and access”), 6 (“Securing access to myUpcyclea®“), 7 (“Quality of Services”), 9 (“User License”), 10 (“Protection of Personal Data”), 11 (“Security / Data Protection”), 12 (“Intellectual Property”), 13 (“Liability”), 14 (“Force majeure”), 19 (“Applicable Law”) of these General Terms and Conditions, Upcyclea reserves the right, without compensation, and without prejudice to any other recourse of any kind whatsoever, to suspend the provision of all or part of the Services, and/or to consider these General Terms and Conditions to be terminated by operation of law solely on the grounds of non-performance, without the need for prior formal The User will be informed by email if necessary.

Upcyclea may terminate these General Terms and Conditions in the event of failure to use the Services and/or myUpcyclea® and/or upcyclea.cloud for more than one year.

 

16. Partial invalidity

 

The nullity, lapse, lack of binding force or unenforceability of any of the provisions of the Contract shall not entail the nullity, lapse, lack of binding force or unenforceability of the other provisions, which shall retain all their effects. However, the Parties may, by mutual agreement, agree to replace the invalidated stipulation(s).

 

17. Disclaimer

 

The fact that a Party does not require at any time the complete execution of part or all of the provisions of these General Terms and Conditions shall in no way affect the right of that Party to invoke them at a later date.

 

18. Convention on Evidence

 

The document reproducing the General Terms and Conditions is stored on a durable medium in the form of an image under security conditions that are generally recognized as reliable. The User may at any time make an electronic backup or a paper printout of the General Conditions. In this respect, the present General Conditions are considered as proof of an agreement between the User and Upcyclea. The User acknowledges that the probative value of this document cannot be called into question simply because of its form, particularly its electronic form.

 

19. Applicable law

 

The Contract is subject to French law. The parties shall endeavor to resolve any dispute that may arise from the execution of the Contract amicably. In the absence of an amicable agreement, the dispute shall be brought before the courts of the Paris Court of Appeal, to the exclusion of any other legislation.

If the Contract is drafted in several languages or translated, only the French version shall be deemed authentic.

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