Terms of use

IT IS IMPORTANT THAT YOU READ THESE GENERAL CONDITIONS CAREFULLY BEFORE USING THE PLATFORM.

IF YOU DO NOT ACCEPT THE TERMS OF THE SAID GENERAL CONDITIONS, you must not USE THE PLATFORM. NOWDSI invites you to print THESE TERMS before giving your acceptance, in order to make sure that you accept THEM without reservation.

IF YOU USE THE PLATFORM IN ANY WAY WHATSOEVER, YOU UNDERTAKE TO COMPLY WITH THE TERMS OF THESE GENERAL CONDITIONS, WHICH CONSTITUTE A CONTRACT BETWEEN THE COMPANY NOWDSI AND YOURSELF.

1. Definitions

The terms defined in this article and used in these general conditions shall have the following meaning:

“Terms of Use”: refers to these General Conditions of Use.

“Contract”: refers to this contract, concluded between NOWDSI and the User.

“Licence”: refers to the right to use the Platform allowing the User to access and use it for the period for which it is granted.

“Party” or “Parties”: refer to NOWDSI and the User, individually or collectively.

“Platform”: refers to the “IOKOO” software solution published by NOWDSI and accessible by Users in a web version on computer, digital tablet and smartphone.

“Services”: refers to the services offered by the Platform as described herein.

“NOWDSI”: refers to the company that developed the Platform and that provides the Services: NOWDSI, a limited liability company (SARL) registered with the Paris Trade and Companies Register under number 893805093, whose registered office is located at 102 avenue des Champs Élysée 75008 PARIS.

“User”: refers to any natural person who concludes this Contract in order to access the Platform and benefit from the Services.

2. Scope

2.1 These Terms of Use define the terms and conditions under which the User accesses and benefits from the Services.

2.2 Any use of the Platform by the User implies full and unreserved acceptance of these Terms of Use. The User agrees to these general conditions, acknowledges being fully aware of them and therefore waives any right to rely on any contradictory document.

2.3 The relationship between the Parties will always be governed by the latest conditions in force on the day the User uses the Platform. In the event of a modification of these Terms of Use, the User will be invited to accept the new conditions, which will apply to them on the day of acceptance.

2.4 By using the Platform, the User expressly declares to be at least eighteen (18) years of age and to have the capacity to contract.

3. Description of the Platform

The Platform is a remote IT troubleshooting solution, using artificial intelligence technology.

Available in a web version and accessible on computer, digital tablet and smartphone, 24/7, the Platform generates self-resolution solutions for all IT incidents encountered by small organisations.

The various Services offered by the Platform are detailed in article 5 of this contract.

4. Access to the Platform

4.1 Access to the Platform is free. However, some Services offered from the Platform are subject to a charge. They are identified in article 5.1.

The Platform is accessible at the following address: https://iokoo.co/

4.2 To access and use the Platform, the User must have a computer, a mobile device or a digital tablet as well as access to the Internet.

4.3 To register on the Platform, the User is invited to fill in a form with the information allowing them to be identified, namely their surname, first name and email. The User also enters a login and a password of their choice to secure access to their account.

The User is provided with reserved and secure access to their account via their login and password. The User is responsible for the password they choose at the time of registration and undertakes to be its sole holder. NOWDSI cannot under any circumstances be held responsible for the consequences of fraudulent use of the password by a third party.

4.4 Registration is valid when these Terms of Use have been expressly accepted and the mandatory registration information has been completed.

5. Services offered by the Platform

5.1 Once access to the Platform is confirmed, the User can access the Services.

As at the date of acceptance of these Terms of Use, the Services accessible free of charge on the Platform are as follows:

• Access to the conversational chat
• Access to the conversation history
• Account settings

As at the date of acceptance of these Terms of Use, the paid Services on the Platform are as follows:

• Access to a remote troubleshooting service (intervention by a technician)

5.2 The User acknowledges that the Platform is likely to evolve and that, as such, the Services could be adapted accordingly.

Any removal and any substantial modification of Services offered on the Platform will be notified to the User by email.

5.4 Use of the Platform may result in the consumption of part of the data transmission plan subscribed to by the User with their mobile and/or internet operator. Any use of the Platform from abroad is likely to result in costs considerably higher than those of use from France. Obtaining the corresponding information and paying any fees, in particular roaming fees, charged by the User's operator, are entirely the User's responsibility.

6. Obligations of the User

6.1 Obligations relating to the use of the Platform

As part of the use of the Platform, the User undertakes to:

• declare complete information and to update it in the event of a change,
• not use the Platform for fraudulent purposes or for purposes not provided for in these Terms of Use,
• not impersonate anyone or attempt to log into an administrator account other than their own,
• not engage in analyses of the system that amount to reverse engineering,
• not download viruses or files that are potentially dangerous for the integrity of the Platform,
• comply with the required conditions, instructions and general rules communicated to them by NOWDSI or the Client for the proper use of the Platform,
• and, in general, use the Platform in a reasonable manner in accordance with these Terms of Use and in compliance with the regulations in force.

6.2 Obligations relating to the content published by the User on the Platform

The User is solely responsible for the content they publish on the Platform, in particular the content (data, texts, photos, videos, etc.) that they may upload to the Platform as part of the use of the Services.

They guarantee that their content respects public order and good morals, does not infringe the rights of third parties, in particular with regard to intellectual property, privacy, the reputation and the image of third parties, contains no disparaging, defamatory or discriminatory remarks towards NOWDSI, the Client or third parties, and that it complies with the laws and regulations in force.

The User who publishes on the Platform content or any other element protected by intellectual property rights guarantees that they are entitled to distribute them. The User thus guarantees having the intellectual property rights necessary for the use of the content and, more generally, all creations that they distribute on the Platform.

6.3

Any breach by the User of one of the obligations defined in articles 6.1 and 6.2 is likely to result in the closure of their account by NOWDSI.

If NOWDSI has to close a User's account for failure to comply with their obligations under these Terms of Use, it will be entitled to terminate the Licence in accordance with article 13.2, without prejudice to any damages it may be entitled to claim, as well as any criminal proceedings where the alleged conduct is likely to be qualified as a criminal offence.

7. Account and security

The User is provided with reserved and secure access to their account via their login and password.

The User is responsible for the password they choose at the time of registration and undertakes to be its sole holder.

NOWDSI cannot under any circumstances be held responsible for the consequences of fraudulent use of the password by a third party.

8. Intellectual property

8.1 All intellectual property rights relating to the Platform as well as all the elements that make it up (source codes, object codes, graphic interface, documentation, database, trademarks, logos, etc.) are the full and entire property of NOWDSI and/or its partners.

The User undertakes not to infringe the said rights. The User undertakes not to make available to unauthorised third parties the documentation associated with the Platform, directly or indirectly, on any basis, in any form and for any reason whatsoever.

8.2 In consideration of acceptance of these Terms of Use, NOWDSI grants the User, for their own needs, a personal, non-transferable and non-exclusive right to use the Platform for the entire duration of the Contract.

In particular, the User is prohibited from:

• making copies of the Platform or of any element whatsoever of the Platform,
• distributing to third parties copies of the Platform or of its content,
• using the specifications of the Platform to create or allow the creation of a program with the same purpose,
• modifying, altering, revising or decompiling the Platform for any purpose whatsoever,
• using their passwords and/or login for purposes other than their strict authentication purpose,
• assigning, renting, subletting or transferring their Licence of use to a third party without the prior written consent of NOWDSI,
• not respecting the functionalities of the Platform.

This Licence of use excludes the granting of any other right and in no case carries the right to carry out any act not expressly authorised, in particular the rights of translation, adaptation, arrangement or any other modification of the Platform and/or its components, including within the framework of its contractual purpose.

NOWDSI is authorised to carry out, at any time and without notice, a check of the use made by the User of the Platform, in order to verify compliance with the Licence granted to them.

9. Confidentiality

The Parties undertake to keep secret the information of any nature that they may have collected on the occasion of the use and/or operation of the Platform. NOWDSI undertakes in particular to maintain the confidentiality of the information collected during the User's use of the Platform and relating to them.

Upon termination of the User's registration for any reason whatsoever, this obligation will remain in force for a period of five (5) years.

This obligation does not apply to Information that:

• is already in the possession of the Party to which it was communicated, or who obtained it before the User's registration on the Platform,
• is part of the public domain,
• has been expressly designated as non-confidential by the issuing Party,
• has been obtained by one of the Parties from a third party not subject to a confidentiality agreement with the Party initially holding the information and with no relation to the operation and/or use of the Platform,
• has been obtained or developed by one of the Parties without the help of the information communicated by the other Party,
• must legally be disclosed.

10. Personal data

At the time of the creation of the account and of any update of the User's personal information on the Platform, and more generally as part of the use of the Platform, NOWDSI collects personal data of the User within the meaning of the French Data Protection Act of 6 January 1978 as amended by law no. 2018-493 of 20 June 2018 relating to the protection of personal data arising from the European General Data Protection Regulation. NOWDSI is thus likely to collect the User's first name, surname, position and email address, for the purposes of their identification and the provision of the Services. NOWDSI is also likely to collect the personal data communicated by the User as part of the use of the Services.

These processing operations of personal data have as their legal basis the performance of the Contract with the User and, where applicable, the latter's consent.

As a matter of principle, no use of the User's personal data for purposes other than the performance of the Services will be carried out by NOWDSI. By way of exception, if NOWDSI wishes to use the User's personal data for purposes other than the performance of the Services, it will seek the express consent of the User, which may be withdrawn at any time.

The data collected on the Platform is strictly confidential and is intended only for the competent departments of NOWDSI. Consequently, it is not transmitted to any third party, apart from NOWDSI's subcontractors involved in the performance of the Contract, such as:

• the provider hosting the data passing through the Platform,
• the provider maintaining the Platform.

In accordance with the regulations in force, the User has, with regard to NOWDSI:

• the right to request access to their personal data,
• the right to request the rectification thereof,
• the right to request their erasure,
• the right to request a restriction of the processing implemented,
• the right to object to the processing,
• the right to withdraw their consent when the processing is based on consent,
• the right to data portability,
• the right to lodge a complaint with a supervisory authority,
• the right to define directives relating to the fate of their personal data after their death.

To exercise their rights, the User can contact NOWDSI's data protection officer at the following address: contact@iokoo.co

11. Warranties - Liability

11.1 NOWDSI cannot under any circumstances be held responsible for the content published by the User on the Platform, which it merely hosts, the User alone having the status of publisher(s) of this content. NOWDSI may seek to hold the User liable for any harm it may suffer as a result of their content. The User indemnifies NOWDSI against all direct and indirect, material and immaterial harmful consequences that may arise from their content. The User will inform NOWDSI without delay, by any written means (letter, email, etc.) of any claim, complaint or action relating, on any basis whatsoever, to their content.

11.2 NOWDSI ensures the availability and continuity of the Platform, it being understood that it cannot under any circumstances be held responsible for any interruption of the Platform due to maintenance, technical problems, congestion of the Internet network or failure of any other transmission system, which could prevent the operation of the Platform.

11.3 NOWDSI does not guarantee the continuity and quality of the communication links with the User. Thus, communications with NOWDSI's staff may be interrupted without notice for a reasonable period, in particular for maintenance reasons or for any reason other than a fault of NOWDSI.

11.4 NOWDSI cannot be held responsible in the event of poor performance of the Services caused by information that is incorrectly entered or that has not been updated by the User.

11.5 NOWDSI cannot be held responsible for service interruptions or damage related to an intrusion or fraudulent access by a third party into the system or to the illicit extraction of data, despite the implementation of security measures in accordance with the current state of the art, NOWDSI bearing only an obligation of means with regard to the known techniques of security.

11.6 In addition, the User acknowledges and accepts that the Platform operates thanks to an artificial intelligence system on which the proposals for resolving IT incidents are based.

The User acknowledges that, by nature, artificial intelligence systems are new and involve a significant degree of uncertainty in their operation. In any event, they in no way make it possible to guarantee a constant reliability of the results.

Consequently, NOWDSI offers no guarantee and declines all liability towards the User regarding the consequences of the use of the artificial intelligence system on the resolution of IT incidents and more generally on all the Services provided to the User.

11.7 In the event that NOWDSI's liability is invoked, in particular due to a malfunction of the Platform, NOWDSI may defeat such an action, at its sole discretion, by correcting the anomaly or by updating the Platform.

IN ALL CASES, IN ITS RELATIONS WITH USERS ACTING IN THE COURSE OF THEIR PROFESSIONAL ACTIVITY, AND EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, IN NO EVENT MAY NOWDSI'S LIABILITY EXCEED THE AMOUNT PAID BY THE USER UNDER THE CONTRACT CONCLUDED WITH NOWDSI DURING THE TWELVE (12) MONTHS PRECEDING THE OCCURRENCE OF THE DAMAGE.

NOWDSI cannot under any circumstances be held responsible for any immaterial and/or indirect damage, in particular loss of operations, loss of clientele, commercial harm, damage to brand image, resulting from the use of the Platform.

Any contestation by the User of the proper performance by NOWDSI of its commitments made in accordance herewith must be substantiated and be the subject of a registered letter with acknowledgement of receipt sent at the latest within the year from the date of discovery of the facts likely to be the basis of the said claim. Failure to proceed in this way constitutes a waiver by the User of the right to criticise the proper performance by NOWDSI of its contractual commitments.

12. Maintenance

In the event of scheduled maintenance requiring a prolonged interruption of the services, the operation of the Platform may be suspended subject to compliance with a notice period of seventy-two (72) hours. The User will be informed of this by email or by an information banner directly on the Platform.

Furthermore, any case of force majeure as usually recognised by the courts may lead to the suspension of the Platform without notice for maintenance reasons.

13. Duration - Termination

13.1 The User's registration on the Platform is effective from their first connection to their account and their express acceptance of these Terms of Use. It is not limited in time.

To terminate their registration and delete their account, the User must make a request to NOWDSI by email at the following address: contact@iokoo.co

13.2 By way of exception to the foregoing, each of the Parties may terminate this Contract as of right in the event of a breach by the other Party of one of its obligations, after a formal notice to remedy the situation that has remained without effect for 30 days and that mentions the injured party's intention to avail itself of the benefit of this clause. This termination will take effect immediately if the breach cannot be remedied. In the event of termination attributable to the User, the latter will be informed of the termination of their account by email.

Will in particular be considered as commitments the non-performance of which may lead to the termination of the Contract, the obligations relating to the use and the content distributed on the Platform, the obligation to respect intellectual property rights and the obligation of confidentiality.

13.3 In the event of termination of this Contract, for any reason whatsoever, the User can no longer access the Platform.

14. Applicable law and attribution of jurisdiction

14.1 These general conditions, and more generally the relations between NOWDSI and the User, are governed by French law.

14.2 Any dispute arising from the operations referred to herein will be submitted to the jurisdiction of the ordinary courts.

15. Tolerance

No act of tolerance by one of the Parties towards the other may be interpreted as a waiver of the right to rely on all the rights granted to it by these general conditions.

16. Evidence

In the event of a dispute, the Parties agree to consider email and exchanges via the Platform as an original document constituting conclusive evidence and waive the right to contest this means of evidence, except to discuss its authenticity.