Terms and Conditions of Use
Terms and Conditions of Use
Preamble
The present General Conditions of Use (GCU) apply to the use of the Site, accessible at any address ending with bylaw.fr as well as to all the Services which are proposed there by the Company. Any Customer proceeding to his registration commits himself to respecting them in the same way as he commits himself to respecting the General Conditions of Sale (GCS).
Article 1 - Definitions
Each term hereafter capitalized has the meaning given to it in its definition.
Client: Any professional user acting in the context of his commercial, industrial, craft, liberal or agricultural activity, including when acting in the name and on behalf of another professional, who browses, acquaints himself with, orders and/or purchases a Service offered on the Site and thus becomes a Client.
Customer Data: All the information communicated by the Customer and mentioned in article 4 hereof.
Site: The Internet site accessible at https://bylaw.fr, the infrastructure of which has been developed by the Company in accordance with the computer formats usable on the Internet, including data of various kinds, in particular text, sound, still or animated images, videos and databases, intended to be consulted by the User.
Service: A set of functionalities offered on the Site and made available to the Client via the contract management platform.
Company: Bylaw, a simplified joint stock company with a capital of 12,500 euros, domiciled at 22 Boulevard Malesherbes - 75008 Paris France, registered at the RCS of Nanterre under the number 878 191 626, represented by its President Adrien Aboudaram.
Platform: The legal and financial information management tool made available to the Client by the Company.
Documents: All documents created and imported by the Customer via the Platform.
User: Any natural or legal person, acting in the context of their commercial, industrial, craft, liberal or agricultural activity, including when acting in the name and on behalf of another professional, of legal age and capacity, browsing the Site and the Platform.
Article 2 - Purpose
This document constitutes the TOS of the Service and is intended to define the terms and conditions of use of the Service by the Client. For all intents and purposes, it is specified that the use of the Service is subject to compliance with the GCU, which constitute an essential condition thereof.
Article 3 - Hierarchy, Acceptance and Modification
3.1 Hierarchy
The Service is provided in accordance with the TOS and GTC and the latter shall prevail over any other terms and conditions contained in any other document, unless previously expressly waived in writing.
3.2 Acceptance
The Service is provided subject to the Customer's acceptance of the T&Cs. The Customer is deemed to have accepted the T&Cs and the Privacy Policy by clicking on the "Accept Order" button when ordering the Service online, or by signing and returning the quotation previously issued and sent to the Customer by Bylaw.
The present GTUs govern the contractual relationship between the Company and the Client, who accept them without reservation.
3.3 Modification
Any modification of the GCU is notified electronically to the Customer, who is free to refuse its application and thus terminate his registration. In the absence of the Customer's express refusal of the GCU or GTC, they shall be applicable to the Customer's next order. The invalidity of one provision of the GTC or GTC shall not affect the validity of the others.
The fact that the Company does not avail itself of the GTC and GTC at a given time shall not be interpreted as a waiver of its right to do so at a later date.
Article 4 - Registration for the Service
The Service is reserved for professionals and is not offered to consumers.
Registration for the Service is open to any natural person of legal age and capacity, or any legal entity, acting in the context of its commercial, industrial, craft, liberal or agricultural activity, including when acting in the name and on behalf of another professional.
The use of the Service is conditional upon prior registration, free of charge, which entails full acceptance of these T&Cs, GTCs and the Privacy Policy.
In order to use the Service, the Customer must complete a registration form and provide certain data. In this respect, the Customer undertakes to provide accurate, complete, sincere and precise information.
The Customer must provide the following information in particular:
- Company name or business name - Name and first name
- Password
In the event of a change in the situation as declared on the day the account was created, the Client undertakes to update the information concerning him/her on the Site. The Company shall not be held responsible if it has not been notified of a change in the Client's situation or of erroneous information concerning him.
The same individual or legal entity may not open several accounts on the Site. The use of an account is strictly personal.
Furthermore, the Company reserves the right to take legal action and claim damages against any person who has attempted to cheat, deceive, or fraudulently use the Service provided by the Company, or generate advantages or benefits in a fraudulent or unfair manner, or more generally to have entered information with the aim of impersonating a person.
A Customer who opens an account on the Site and, by doing so, accepts the T&Cs described herein, is the holder of this account and has access to it via a link allowing him/her to define a password. This password can be changed by the Customer in the Account Settings interface.
The email/password combination is strictly personal. It is therefore the Client's responsibility to ensure that this combination is kept confidential, allowing access to the Service.
If the password is lost and/or forgotten, the account holder may request a password reset from the Site.
The Client also undertakes not to communicate this identification information and password to any other person, nor to lend, give, sell or, in general, make the account and/or password available to a third party, for any reason whatsoever. Otherwise, the Company shall not be held liable for any fraudulent use of this information.
In the event of fraudulent use of the Client's connection identifiers due to a fault or negligence attributable to the Client, or to one of the employees under its control or hierarchical authority, the Client will be liable to the Company for any loss or deterioration of data whatsoever, and more generally for any damage suffered as a result of use of the service that does not comply with the rules laid down in these general conditions.
Article 5 - Personal data
In order to improve the relevance of its services, the Company records statistical and non-personal information relating to the use of the Service (frequency of use, amount and type of data entered).
The provisions concerning the protection of personal data as set out in the French Data Protection Act of 6 January 1978 as amended and the European Regulation on the protection of personal data ("RGPD") are set out in an annexed document entitled "Privacy Policy" accessible from the Site.
Article 6 - The Service 6.1 Purpose
The Platform provides a document analysis and creation service that allows the Client to automate and facilitate certain aspects of their profession. The Platform allows the creation of documents and templates, the efficient and automatic extraction of certain information and collaboration with colleagues. The Platform offers a number of features to support the work of the legal profession.
The Company reserves the right to freely develop the Services, in order to create new features or improve existing ones. The Client acknowledges that the conclusion of the Contract is not conditional on the provision of new features and/or new services in the future.
In the future, the Platform will also offer the integration of third-party solutions.
The Customer is solely responsible for the content of the documents transferred via the Platform as well as the information he/she has chosen to give or not to give. He is solely responsible for the use he wishes to make of the Platform.
The Company does not guarantee the compliance and legal effectiveness of the Documents transferred by the Client or those they may create through the Platform. Similarly, the Company does not guarantee the veracity or conformity of the information that is automatically extracted by the platform. The Client is solely responsible for the information it uses and is personally responsible for verifying its accuracy.
The Customer may transfer and create documents through the Platform. However, the Platform should not be considered as a long-term storage service for documents and information. Therefore, the Company cannot be held responsible for the loss or deletion of the Client's data and strongly recommends that the Client uses a specialised storage service to ensure the backup of its data.
The Company is not a law firm and should not be considered as such. The purpose of the Company is not to provide legal advice and the Company is not engaged in the business of providing legal advice to its Clients. All information provided by the Company to its Clients never constitutes legal advice, regardless of the means used. If the Client wishes to obtain legal advice, the Company invites the Client to contact a legal professional entitled to do so.
6.2 Access to the Service
In order to access the Service, the Customer must log on to the Site and enter his/her email address and password.
6.3 Payment
Any use of the Platform is made by payment by bank transfer via the secure payment service provided by the company BNP Paribas. The Customer is bound by his order as soon as he clicks on "Accept order". The prices excluding taxes are indicated on the Site.
6.4 Ordering and invoicing
The automatic recording systems are considered as proof of the nature, content and date of the order.
The Company will confirm the acceptance of the order to the Client by sending a confirmation message to the email address provided by the Client. Each invoice is sent to the Client by e-mail.
The Company reserves the right to refuse or cancel any order from a Client, in particular in the event of the insolvency of the said Client or in the event of non-payment of the order in question or a dispute relating to the payment of a previous order.
The information indicated by the Client when entering the information inherent in the order is binding on the Client. The Company shall not be held responsible for any errors made by the Client in the details of the recipient of the order (particularly the billing address) and for any delays in delivery or the impossibility of delivering the Services ordered that these errors may cause.
Article 7 - Ownership of Customer Data
The Client remains the exclusive owner of the contractual data (the
"Customer Data") entrusted. With the exception of the Customer Data and the Personal Data, the Service and all its contents are the exclusive property of the Company. The Company only grants each Client a non-exclusive, non-transferable and temporary right to use the Service.
Article 8 - Confidentiality of Customer Data
The Company shall not use, reproduce, adapt, modify, publish or distribute the Customer Data for any purpose whatsoever without the express permission of the Customer.
By using the Service, the Client entrusts the Company with information and documents in the form of files or texts. The Client retains full ownership of this information. The Company does not claim any ownership rights to it. These TOU do not grant any rights to such information or intellectual property, except for the limited rights required to perform and improve the Service.
Article 9 - Licence and copyright
All content of the Site and computer programs, software, products, interface graphics or other elements associated with the Services provided by the Company are protected by intellectual property rights belonging exclusively to the Company. This content may not be reproduced, translated, transcribed or modified in any form or by any means without the prior written consent of the Company. The Client is not permitted to copy, modify, distribute, publish, transmit or create derivative works of any of this content.
Access to the Service is granted as a free license. The Licenses granted by the TOU and T&C do not grant any rights to the content of the Site, computer programs, software, and products associated with the Services provided by the Company, nor to the associated logos and other names, logos, icons, and marks identifying the Company's products and Services, which may not be used without the prior written permission of the Company.
Article 10 - Termination without notice and return of data
The Client may terminate the Service at any time, without notice or justification, by simple letter or e-mail. In the event of termination, the Company undertakes to delete and return on request all Client Data from its servers within 45 days.
Article 11 - Use of the Service
The Customer confirms that he/she has the technical knowledge necessary to ensure the correct administration of the Service, particularly with regard to the handling of his/her data.
The Client is entirely responsible for the use of the Service. The Company shall not be held liable for any malfunction of the Service resulting from improper use of the Service by the Client.
The Client undertakes to use the Service in good faith. In the event of abnormal use of the Service, the Company reserves the right to terminate the order in accordance with Article 16.
Article 12 - Maintenance
The operation of the Service may be temporarily interrupted for maintenance or updates:
- without notice outside working hours (9.30am to 12.30pm and 2pm to 6pm); or in case of absolute necessity
- with 24 hours' notice for any intervention likely to exceed one hour during working hours.
Article 13 - Obligations and liability of the Company
13.1. Non-compliance with the GCU and/or GTC
In the event of non-compliance with the GCU and/or GTC, the Company may unilaterally and without delay terminate the registration of any Client, by simple electronic notification, without prejudice to any damages that the Company may claim as compensation for the breach.
13.2 Liability
The Company cannot be held liable in the event of misuse of the Service by the Client, or theft or compromise of its connection information, or in the event of malfunction of the Service due to a third party or any event beyond the control of the Company. In the event that a Client suffers any indirect damage, such as loss of turnover or opportunities, as a result of an obvious malfunction of the Service not resulting from misuse, the fault of a third party, or an event beyond the Company's control, the Company may not be held liable in any way. In any event, the Company's liability with regard to the provision of the Service is limited to the amounts received by the Company in respect of the order concerned by the event giving rise to liability.
Under no circumstances shall the Company be held liable for
- the content of the Customer Data;
- total or partial non-compliance with an obligation and/or failure of the operators of the transport networks to the Internet world and in particular of its access provider(s).
13.3. Subscription
The Customer who subscribes to the Service declares that he accepts, at the same time as these GCU, the conditions relating to this service located in an annexed document entitled 'General Terms and Conditions of Sale' accessible from the Site.
Article 14 - Obligations and liability of the Client
14.1 Use
The Customer is solely responsible for the use of the Service, the content of the Customer Data, the information transmitted, disseminated or collected, their use and updating, as well as all files, in particular address files.
Each Client undertakes in particular:
- to check the accuracy of the information provided;
- to refrain from making any alteration, reproduction, correction, arrangement, modification or distribution of the Service;
- to check the conformity of its data with the legislation and the rights of any third parties, to obtain all necessary authorisations, and to guarantee the Company against any recourse from a third party.
14.2. Client's commitments
The Client undertakes in particular to respect the rights of third parties, personality rights, intellectual property rights such as copyright, patent rights or trademark rights. Consequently, the Company shall not be held responsible for the content of the information transmitted, disseminated or collected, its use and updating, as well as any files, for any reason whatsoever.
The Client shall not use the Service to make available to the public any content to which it does not hold the rights and which would thus violate provisions relating to copyright or intellectual property law. The Company can only warn the Client of the legal consequences that may arise from illegal activities on the Service, and disclaim any joint and several liability for the use of data made available to the public by the Client.
The Client shall refrain from using the Service for illicit or illegal purposes, such as spamming, intrusion or attempted intrusion from the Service (including, but not limited to: port scanning, sniffing, spoofing, etc.). In such cases, the Company reserves the right to immediately and automatically terminate the contractual relationship with the Client, without prejudice to the right to compensation for direct or indirect damages suffered by the Company.
14.3. Malfunctioning
The Customer shall be solely responsible for the consequences of the Service not functioning properly as a result of any use by members of his staff or by any person to whom the Customer has provided his password(s). Similarly, the Customer shall bear the consequences of the loss of the aforementioned password(s).
14.4. Payment
It is the Client's responsibility to pay the amount corresponding to the amount of the order via the payment structure set up by the Company. If this is not done, the Company reserves the right to suspend the Service without notice.
Article 15 - Termination - Interruption of the Service
The Company reserves the right to discontinue the Client's Service if it constitutes a danger to the continued security of the Company's hosting platform, in particular in the event of hacking of the Client's Service, detection of a breach of system security, or use of the Service for purposes not in accordance with these TOU.
Article 16 - Miscellaneous
If any provision of the TOU is or becomes illegal or unenforceable, this shall not affect the validity or enforceability of the remaining provisions hereof.
Article 17 - References
The Client agrees to be listed in the Company's customer reference list (company name and corresponding logos) as a commercial reference.
Article 18 - Force Majeure
The Company cannot be held responsible for the non-performance of the Services in the event of force majeure as defined by Article 1218 of the French Civil Code and the French courts.
Article 19 - Applicable Law
In the event of a dispute between the Client and the Company, or in the event of difficulty in interpretation or execution or in the event of a dispute relating to the GCU and GTC, this dispute or this difficulty will be subject to French law.
Article 20 - Settlement of disputes
In the event of any dispute, controversy or claim arising out of or in connection with these TOU and GTC, the aggrieved party shall notify the other party in writing, by registered letter with acknowledgement of receipt, indicating the nature of the dispute and the alleged breaches. The parties shall meet to resolve the dispute. If the parties do not find a solution to their dispute within one (1) month from the date of notification, the parties may submit their dispute to the competent courts within the jurisdiction of the Paris Court of Appeal.
Article 21 - Evidence Agreement
All documents and correspondence exchanged electronically between the parties are binding on the parties, including the digital signature of these T&Cs.