GENERAL TERMS AND CONDITIONS OF USE
As of December 26, 2024. These Terms and Conditions supersede all previous versions of these Terms and Conditions.
These general terms and conditions of use (the "T&Cs") define the rights and obligations of Users in connection with their use of the artificial intelligence assistance Platform (the "Platform") within the limits of the subscription taken out by the Client with JICCEE. The Platform is published by JICCEE, a simplified joint-stock company with its registered office at 1 rue de Stockholm, 75008 PARIS, registered with the Paris Trade and Companies Register under number 953 612 561 ("JICCEE").
ARTICLE 1. DEFINITIONS
The following terms, whether used in the singular or plural, always have the following definition in these T&Cs:
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Client: refers to any professional, natural or legal person, registered in the trade and companies register or any equivalent trade register, having subscribed to the Platform in accordance with JICCEE's general terms of service.
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Account: refers to the account created on the Platform, from which the User accesses the Services, in accordance with these terms and conditions.
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Data: refers to all information and data, which may include Personal Data, belonging to the Client, uploaded, collected, and/or otherwise processed by the Client or a User through the Platform and which includes:
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Integrated Data: Data integrated by the Client on the Platform;
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Generated Data: Data resulting from User requests or questions, generated via generative artificial intelligence ("AI") via the Platform.
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Personal Data: refers to all types of information, data and/or content, collected and processed by JICCEE in connection with the use of the Services provided by the Platform, hosted by its hosting provider, as defined by Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, which make it possible to designate or identify, directly or indirectly, a natural person.
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Platform: refers to the software platform, developed and published by JICCEE, made available to Users in PaaS (Platform as a Service) mode.
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Services: refers to the services accessible to Users from the Platform, listed in Article 5.
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User: refers to the natural person who benefits from the Services provided by the Platform, authorized by the Client to use all or part of the Platform, regardless of their location and how they access it.
ARTICLE 2. USER ACCEPTANCE
The T&Cs constitute a contract binding the User and JICCEE. Access to the Platform is subject to the express and unreserved acceptance of the T&Cs by the User. Failure to accept the T&Cs means that the User will not be able to access the Platform and use the Services.
Acceptance of the T&Cs takes place when the User first logs into the Platform. The User is invited to read the T&Cs and then accept them. By doing so, the User acknowledges having read the T&Cs, understood them, and fully accepted all of their stipulations, without restriction or reservation, as well as those that may be present in any document available on the Platform, incorporated by reference into the T&Cs. In any event, any use of the Services offered by the Platform constitutes acceptance of the T&Cs by the User.
JICCEE reserves the right to modify the T&Cs, in whole or in part, depending on the technical evolution of the Platform, its Service offerings, or due to changes in legislation, at its sole discretion and without notice. The User will then be informed of the update to the T&Cs. Access to and use of the Platform will be subject to the T&Cs in effect at the time of such access and use.
In the event that any of the clauses of the T&Cs are null and void due to a change in legislation or regulation or declared as such by a final court decision, this shall in no way affect the validity and compliance with the other clauses of the T&Cs.
ARTICLE 3. PLATFORM HOSTING AND SECURITY
The Platform is made available to the Client and Users in PaaS (Platform as a Service) mode, from a web browser. As a result, its infrastructure and databases are outsourced to JICCEE and hosted on servers made available to JICCEE by its hosting provider, Google Cloud Platform. JICCEE reserves the right to migrate the hosting of the Platform and its databases to other datacenters of this host and/or to change hosting providers, in constant compliance with the Regulations applicable to the protection of Personal Data.
JICCEE makes every effort to ensure the physical and logical security of the servers on which the Platform is hosted, with particular attention paid to the protection of Generated Data against any alteration, unauthorized disclosure or destruction.
JICCEE undertakes to make its best efforts to implement and maintain security and confidentiality measures for the Platform and Data, which take into account the principles of personal data protection and are adapted to the risk generated by their processing on the rights and freedoms of the persons concerned. These measures aim to (i) protect data - and in particular Personal Data - against destruction, loss, alteration, disclosure to unauthorized third parties and (ii) ensure the restoration of data availability - and in particular Personal Data - and access to it within appropriate timeframes in the event of a physical or technical incident.
Notwithstanding the foregoing, the User is reminded that access to the Platform implies knowledge and acceptance of the characteristics and limitations of the internet, particularly with regard to technical performance, response times for consulting, querying or transferring information, risks of interruption, and more generally, the risks inherent in any connection and transmission on the internet, the lack of protection of certain data against possible misuse and the risks of contamination by any viruses circulating on the network. JICCEE does not guarantee that the Platform and/or the servers hosting the Platform and Data will be free from viruses, worms, Trojan horses or any other component likely to cause damage at all times. It is the User's responsibility to take all appropriate measures to protect their information system from any attack. It is also the User's responsibility to make regular backups of the Data on suitable and secure backup media.
In the event of server failure, JICCEE will make its best efforts to restore the service as soon as possible, within the limits of the service level commitments made by the hosting provider.
ARTICLE 4. TERMS OF ACCESS TO THE PLATFORM
Article 4.1. Equipment
Access to the Platform requires the User to have computer equipment (including a computer or tablet) and a broadband internet connection. All costs relating to access to and use of the Platform, whether hardware, software or internet access costs, are exclusively borne by the Client. The User and the Client are responsible for the proper functioning and appropriate security of the computer equipment and internet access.
Article 4.2. Account Creation
Access to the Platform requires the creation of an Account by JICCEE. To be assigned an Account, the User must have a Google account.
Once the T&Cs have been accepted, the User can log into their Account by entering their username and password.
The User's login details (username and password) are personal and confidential. The User must keep their login details secure and undertakes not to disclose them to third parties for any reason, in any way or in any form whatsoever.
In the event of loss, forgotten or stolen authentication elements, the User must change their password as soon as possible, either by following the appropriate procedure accessible on their Account, or by clicking on the "Forgotten password" button located below the login details entry form. The User is then invited to create a new password.
Under no circumstances shall JICCEE be liable for the loss, theft or forgetting of the User's authentication elements or for their fraudulent use. The User is solely responsible for accessing and using the Platform with their authentication elements.
Article 4.3. Platform Availability
The Platform is accessible 24 hours a day, 7 days a week, except in cases of force majeure or an event beyond JICCEE's control and except for interruption, suspension or limitation in connection with maintenance operations and/or updates necessary for the proper functioning of the Platform.
JICCEE is only bound by an obligation of means concerning the accessibility, operation and availability of the Platform or its content. JICCEE reserves the right to interrupt, suspend or limit access to all or part of the Platform at any time, particularly due to legal or technical constraints.
The User expressly acknowledges that the aforementioned suspensions, interruptions or limitations may occur at any time without notice and that they will not give rise to any obligation or compensation in their favor.
ARTICLE 5. USE OF THE PLATFORM
Article 5.1. Description of Services
The Platform is a user assistance tool, for professional use, enabling them to optimize their time by analyzing and synthesizing Data in reports.
The Platform made available by JICCEE uses artificial intelligence software to analyze, process and return Integrated Data, based on User requests.
The User must be aware that they are not communicating with a human being when using the Platform's functionalities, but that the Generated Data comes from an AI system, which may contain inaccuracies and/or imprecisions. The User undertakes to use the Platform solely for the purposes of their professional activity. They are solely responsible for the decision that will be made based on the Generated Data, and must exercise their professional judgment to make informed decisions based on their objectives and those of the Client, as well as quality requirements and standards.
JICCEE may suspend or delete the User's access to the Platform in the event of non-compliance with the Platform's rules of use, without prejudice to any damages that JICCEE may claim.
Article 5.2. User Support
JICCEE provides electronic support to Users relating to the configuration, use and operation of the Platform. JICCEE will make its best efforts to try to respond to the User's request within a reasonable timeframe, without being able to guarantee its definitive resolution. It is understood that User support is intended to respond to a real difficulty in using the Platform and should not lead to a training or maintenance service for the Platform. These maintenance or training services may be provided by JICCEE in agreement with the Client.
ARTICLE 6. GUARANTEES
Article 6.1. JICCEE Guarantees
JICCEE represents and warrants that it has all the titles, licenses and authorizations to provide the Platform to the User. JICCEE represents and warrants that the Platform complies with European and national laws and regulations as well as the state of the art existing on the date of acceptance of these terms and conditions.
JICCEE makes no other express or implied warranty, including, but not limited to, the continuity, performance and/or durability of the Platform and/or its fitness for a particular purpose or the suitability of the Platform and/or the Services to the User's needs, nor does it guarantee that it is free from defects, errors or bugs or that it will operate without failure or interruption. The Platform is distributed "as is" and according to its availability.
Article 6.2. User Guarantees
The User guarantees to act on behalf of the Client for whom they are an agent.
The User, or where applicable the Client on whose behalf they are acting, is responsible for the integrity, accuracy and quality of the Data and elements they upload to the Platform. The User acknowledges that any lack of security, integrity and/or quality of the Data is likely to seriously harm JICCEE's interests. The User, or where applicable the Client on whose behalf they are acting, hereby guarantees JICCEE and shall indemnify it against any damage that may be suffered as a result.
The User guarantees that the Data and elements they integrate and use via the Platform are lawful and do not violate these terms and conditions.
The User, or where applicable the Client on whose behalf they are acting, guarantees JICCEE against any request, claim or action by third parties, for any reason and on any grounds whatsoever, concerning the Data they have uploaded to the Platform. The Client guarantees JICCEE with respect to the content uploaded by the User and shall indemnify it against any damage that may be suffered as a result.
ARTICLE 7. LIMITATION OF LIABILITY
By express agreement and subject to the stipulations of these terms and conditions, JICCEE is bound by an obligation of means in the provision of the Platform and Services. No advice and no information, whether oral or written, obtained by the User when using the Platform and Services are likely to create guarantees not expressly provided for in the T&Cs or to incur JICCEE's liability in the event of damage, of any kind whatsoever, caused to the User or third parties due to the User's misuse of the Platform and/or Services, in violation of the stipulations of this article and more generally non-compliance with the T&Cs.
The User is solely responsible for the proper use, with discernment and intelligence, of the Platform. Access to the Platform implies knowledge and acceptance of the characteristics and limitations of AI systems, including the risk that Generated Data may bear a resemblance to existing persons, objects, places or other entities or events and may be wrongly perceived as authentic or true when they have been artificially generated or manipulated.
The Client is solely responsible for the integrity, accuracy and quality of the Integrated Data, and for the use of the Generated Data. It is their responsibility to use the Services with diligence and professionalism.
The User is responsible for any damage occurring to their computer system, the Platform and/or its content, as well as for any loss of data that may result from their use of the Platform. As such, the User is responsible for implementing anti-virus and other security measures for their computer system.
JICCEE is only liable for direct damage that may be caused to the User due to the improper performance and/or non-performance of its obligations under the T&Cs, within the limits of the rules specified in the Platform's general terms of service. Under no circumstances shall JICCEE be liable for any indirect damage, of any kind whatsoever, suffered by the User.
The User acknowledges that JICCEE remains free to correct and/or modify the Platform at any time and without notice, without such correction and/or modification giving rise to any recourse on their part.
JICCEE's liability shall not be incurred, generally speaking, in any case where the non-performance or improper performance of the T&Cs results from a case of force majeure or fortuitous event beyond its control.
ARTICLE 8. INTELLECTUAL PROPERTY
Failure to comply with the provisions of this article constitutes an infringement of the intellectual property rights of JICCEE and/or third-party licensors and may result in civil and criminal prosecution.
Article 8.1. JICCEE's Property Rights
The User acknowledges and accepts that all rights, titles and interests relating (i) to the Platform (including its architecture, algorithms and databases, with the exception of Client or User Data), (ii) to the software (including its source and object codes) used by JICCEE, (iii) to its know-how and working methods, and (iv) to JICCEE's distinctive signs (the "Protected Elements") are protected by intellectual property rights.
Intellectual property rights include, in particular, all rights associated with intellectual works, including authors' economic and moral rights, all property rights relating to patents, trademarks, designs and models, software, database producers' rights, domain names, as well as any other existing or future intellectual property rights, worldwide.
The Protected Elements belong exclusively to JICCEE or to third parties who have authorized JICCEE to exploit them.
The T&Cs do not confer on the User any right or interest in the Protected Elements, but only a limited right to access and use the Platform under the conditions defined below.
Subject to full payment for the Services by the Client, the User is authorized to benefit from a sublicense from the Client for access to and use of the Platform, under the conditions defined in the general terms of service agreed between the Client and JICCEE.
The User undertakes not to use the Platform other than within the limits authorized by the T&Cs. The Client further undertakes not to perform one or more of the following acts, nor to allow a User or third party or authorize a User or third party to perform one or more of the following acts:
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Decompile or disassemble the Protected Elements, reverse engineer them or attempt in any other way to obtain the source codes, in whole or in part;
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Create derivative works from the Protected Elements, adapt, modify, translate, or make changes to them in whole or in part, or allow any association or incorporation of all or part of one or more of their elements into other works, including software;
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Rent, sublicense, sell, loan or transfer the Platform to a third party or allow a third party to access and use the Protected Elements, in whole or in part, without the prior written consent of JICCEE;
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Not use the Generated Data implying that it was generated without the use of a generative AI system;
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Not create discriminatory bias by integrating Data that perpetuates prejudices related to characteristics such as gender or sexual orientation.
Any representation, reproduction and/or exploitation, in whole or in part, of JICCEE's distinctive signs, of any kind whatsoever, is totally prohibited, unless prior, express and written authorization has been obtained from JICCEE.
Article 8.2. Property Rights to Data
The Data Integrated by Users on the Platform belongs to the Client.
ARTICLE 9. PROTECTION OF PERSONAL DATA
JICCEE is committed to protecting the Personal Data of Platform Users and undertakes to protect it in accordance with applicable regulations, in particular Regulation (EU) No. 2016/679 of 27 April 2016, known as the "General Data Protection Regulation" or "GDPR", and amended Law No. 78-17 of 6 January 1978, known as the amended "Data Protection Act".
The Personal Data processed by JICCEE in this context is the User's surname and first name, their email address, their IP address, their connection data (numbers and dates), and any Personal Data that may be mentioned by the User in their correspondence with JICCEE.
This Personal Data is processed for the provision of Services to the User, User support, and the improvement of Platform performance. It is kept within the limits provided for by applicable law.
Unless required to do so by law or court order, JICCEE will never disclose, assign, rent or transmit the Personal Data it processes to third parties other than its hosting provider Google Cloud Platform provided by Google France, which acts as a "sub-processor" within the meaning of the aforementioned texts on the instructions of JICCEE, which communicates to it the data strictly necessary for the performance of its missions, under the contractual conditions signed with JICCEE.
The User has the following rights over their personal data at all times:
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Right of access: to obtain confirmation of the processing of their personal data as well as certain information on the processing operations, it being understood that this information is in any case provided in these T&Cs;
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Right of rectification: to obtain the rectification of their personal data when it is inaccurate or incomplete;
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Right to erasure, also known as the "right to be forgotten": to obtain the erasure of their personal data when it is no longer necessary for the purposes for which it was collected or when the User objects to the processing of their personal data;
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Right to restriction of processing: to obtain restriction of the processing of their personal data when the User contests the accuracy of the data, when the retention period for personal data has expired but the User still needs to retain this personal data for the establishment, exercise or defense of legal claims, or if the User has objected to the processing;
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Right to data portability: to obtain communication of the personal data that the User has provided to JICCEE in a readable format, or to ask JICCEE to transmit the personal data that the User has provided to another data controller;
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Right to object: to object at any time, on grounds relating to their particular situation, to the processing of their personal data, particularly where such objection concerns commercial prospecting, including profiling;
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Withdrawal of consent: to withdraw their consent to the future processing of their personal data by JICCEE, where the processing is based on consent;
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Right to lodge a complaint: to lodge a complaint with the French Data Protection Authority ("CNIL") if the User considers that the processing carried out by JICCEE constitutes a violation of their personal data. The CNIL can be contacted:
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By telephone: +33 1 53 73 22 22;
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Via an online form available here: https://www.cnil.fr/webform/nous-contacter
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The User's rights over their personal data may be exercised at any time with JICCEE by email to the following address: tech@jiccee.com.
ARTICLE 10. TERM - SUSPENSION - TERMINATION
Article 10.1. Term
The T&Cs come into effect from the date of their acceptance by the User and for the duration of the User's use of the Platform, without being able to exceed the term of the subscription taken out by the Client with JICCEE. Notwithstanding the foregoing, at the Client's request, JICCEE may deactivate an account at any time.
Article 10.2. Suspension - Account Deletion
In the event of use of the Platform by the User that does not comply with the T&Cs, in the event of a breach of the T&Cs by the User, or more generally in the event of a violation of applicable laws and regulations.
If the aforementioned use, breach or violation is serious or repeated, JICCEE may permanently and automatically delete, without prior formal notice, without notice or compensation, all or part of the User's access to the Platform.
Any suspension or deletion will be notified to the Client, before or at the same time as its application, depending on the seriousness of the alleged facts. JICCEE may carry out such suspension or deletion without prejudice to any other rights, actions and remedies it may have to seek compensation for the damage it may have suffered as a result of such uses, breaches or violations.
Article 10.3. Consequences of expiry and/or termination
Upon expiry of the T&Cs or on the date of their termination, the User's Account will be automatically deactivated, so that the User will no longer have access to their Account.
Any return of Data will be carried out at the Client's request, under the conditions of the general terms of service subscribed between the Client and JICCEE.
ARTICLE 11. APPLICABLE LAW AND JURISDICTION
The T&Cs are executed and interpreted in accordance with French law.
JICCEE and the User declare their intention to seek an amicable solution to any difficulty that may arise concerning the validity, interpretation or performance of the T&Cs. In the event of persistent disagreement, the dispute will be brought to the attention of the competent courts.
ARTICLE 12. CONTACT
For any information concerning the T&Cs, the User may contact JICCEE by email to the following address: tech@jiccee.com.