General terms and conditions

Subscribing to the Assess Manager service and/or completing the Assess Manager online questionnaire implies unreserved acceptance of these “General Terms and Conditions of Service”, which apply regardless of the options subscribed to.

1. Subject

The website www.assess-manager.com (hereinafter referred to as the “Site”) offers services enabling employers and recruitment professionals (hereinafter referred to as the “Clients”) and support professionals (trainers, coaches) who wish to recruit or assess, by means of assessment questionnaires (hereinafter referred to as the “Questionnaires”), the skills of candidates with a view to their recruitment or of current employees, as part of their development within the company (hereinafter referred to together as the “Candidates”).

The purpose of these general terms and conditions is to define the terms and conditions for the implementation of the Site’s services (hereinafter referred to as the “Services”), as well as the rights and obligations of the parties in this context.
They can be accessed and printed at any time via a direct link at the bottom of the Site page.

They may be supplemented, where applicable, by specific terms of use for certain Services, which supplement these General Terms and Conditions and, in the event of any contradiction, take precedence over them.

2. Company identity and contact

The Site and the Services are operated by ASSESS MANAGER SAS, whose registered office is located at 26 rue Kervégan – 44 000 NANTES (hereinafter: the “Company”).
The Company can be contacted at the following address:

Postal address: 26 rue Kervégan – 44 000 NANTES – France

Telephone: 33 (0)2 28 23 00 44

E-mail address: the contact form can be accessed on all www.assess-manager.com pages by clicking on the “contact” link at the top right of your screen.

3. Access to the Services

The Site and the Services are intended exclusively for “Clients”, understood as any natural or legal persons wishing to hire staff and/or assess the skills of their Candidates, but also for employment professionals, understood as any natural or legal persons carrying on an activity in the field of staff recruitment, in particular recruitment agencies, temporary employment agencies, interim management or human resources consultancies and management training centres.

The Site and Services are also open to individuals who can acquire their test reports in order to use the results in the context of their CPF in particular and to manage their careers. In this case, the individual is referred to as an“Autonomous Individual Customer“.

4. Acceptance of the general terms and conditions

Acceptance of these General Terms and Conditions is specified at the time of registration (account opening). This acceptance must be full and complete. Any conditional acceptance is considered null and void. Any Customer who does not agree to be bound by these General Terms and Conditions must not access the Site or use the Services.

5. Registration on the Site

• Registration process

In order to use the Services, the Customer must register on the Site by completing the form provided for this purpose. This registration may be made by any natural person with the legal capacity to contract in the name and on behalf of the Customer, or with a special mandate for this purpose.

The Customer must provide all the information marked as compulsory. Any incomplete registration will not be validated.

Registration automatically leads to the opening of an account in the Customer’s name (hereinafter referred to as the “Account“), giving the Customer access to a personal area (hereinafter referred to as the “DASHBOARD“) which enables the Customer to manage his/her use of the Services in a form and using the technical means that the Company deems most appropriate for providing said Services.
The Customer guarantees that the information he/she provides in the registration form is accurate, up to date and sincere and is not misleading in any way.

He undertakes to update this information in his Dashboard in the event of any changes, so that it always corresponds to the aforementioned criteria.

The Customer is hereby informed and accepts that the information entered for the purposes of creating or updating his/her Account constitutes proof of his/her identity. The information entered by the Customer is binding as soon as it has been validated.

• Creation of Company Accounts

Once registration has been finalised, the Customer may use their Dashboard to create accounts for members of their staff who are responsible for assessments for different reasons (hereinafter referred to as “Sub-Admin Accounts“).
In this case, the Account created when the Customer registered (hereinafter referred to as the “Main Customer“) is an Administrator Account, which can be used to edit and manage sub-admin accounts. Sub-admin accounts may be deleted on request using the contact form. The Main Customer is solely responsible for the creation and use of the Business Accounts linked to his Account.

Users of Business Accounts shall be deemed to be Customers and shall be automatically subject to these General Terms and Conditions.

The number of Business Account users may have an impact on the price of the services offered by Assess Manager SAS; the Principal Administrator is therefore informed of the applicable rates in force.
The number of Company Accounts is limited under the conditions indicated on the Site

• Strictly personal use

The Client may access their Dashboard at any time by logging in using their login and password.

The Customer undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, except in the cases provided for in article 5.2 above, unless he bears full responsibility for doing so.

He/she is likewise responsible for maintaining the confidentiality of his/her login and password. He/she must immediately contact the Company using the contact details given in article 2 hereof if he/she notices that his/her Account has been used without his/her knowledge. He acknowledges the Company’s right to take all appropriate measures in such a case.

6. Description of Services

The Client has access to the following Services, in a form and according to the functionalities and technical means that the Company deems most appropriate.

• Selecting a Questionnaire

The Company offers Clients an online Questionnaire to assess a Candidate’s skills. When selecting a Questionnaire, the Client provides the Company with the Candidate’s email address.

The Company then sends an email to the Candidate inviting him/her to register on the Site, by filling in the form provided for this purpose, and to answer the Questionnaire. The Candidate may already be registered on the Site, having previously completed one or more Questionnaires as part of a request sent by another Client. Any Candidate who is not registered on the Site cannot access the Questionnaires and therefore cannot answer them validly.

The Candidate may also answer the Questionnaire on the Customer’s premises, without sending a prior message, by inserting a unique code which will automatically retrieve the results of the Candidate’s answers.

• Consultation of results according to objectives

In their DASHBOARD, the Company offers Customers the option of browsing according to their needs (one need determines one “Section”). The needs are set out in the form of a menu which allows the customer to choose the section in which to consult the results.

The dedicated sections are, non-exhaustively and may change at any time, the following: Recruitment of all profiles, Recruitment and mobility of managers, Detection of managerial potential, Coaching of all profiles, Assessment with a view to support (training, coaching), etc

The section dedicated to the automated and collective training plan is a special section, as it enables data from several candidates to be aggregated in order to plan a training plan according to the candidate’s level of responsibility and his or her priority development needs identified through the results of the questionnaire.
Each section has distinctive reports tailored to its use. The number of reports issued per section is variable, as are the potential recipients.

• Drawing up reports

• For autonomous individual customers :

Based on the answers provided by the Candidate, the Company draws up reports assessing his/her skills (hereinafter referred to together as the “Reports“).
Autonomous Individual Clients receive a free report issued automatically at the end of the question answering phase.

If they wish to have access to the in-depth reports, they may do so by paying for the reports before consulting them. A secure online payment area (credit mutuel – cic) is provided for this purpose.

Other additional services are offered and may change depending on the services offered by the Company.

• For Customer applicants:

Client applicants also have access to a free report. The report can be consulted automatically. To do so, the customer must click on the dedicated envelope in their consultation space. This click generates an automatic e-mail of the free report for the candidate.

It is the customer’s responsibility to send this report no later than 10 days after the interview that used the test report, whether conducted remotely or face-to-face. In the absence of an interview, the customer will be responsible for sending the candidate report.

Consultation of additional reports is left to the customer’s discretion. The client acquires reports according to his needs and the objectives associated with the report consultation section. Depending on the assignment, consultation of additional reports may or may not be required. The delivery of additional reports is left to the client’s sole discretion. The company will make available to the client the IT facilities required to facilitate the communication of additional reports.

• Responsibility

Customers have different practices from one company to another regarding the delivery of candidate reports, depending on whether the questionnaire has been completed as part of a recruitment process, or as part of a coaching programme aimed at improving managerial skills, for example.

As a result, the reports cannot be sent automatically to the candidates, leaving the choice of sending date to the customer, so that the date is adapted to the assessment objectives.

In fact, it is the customer’s responsibility to send the candidate report from their account within a reasonable timeframe, which is estimated to be a maximum of 10 days after the interview with the “candidate”.

• Additional Reports

The Company draws up various types of reports evaluating the Candidate’s skills (hereinafter referred to as “Additional Reports “), which transcribe the Candidate’s answers in particular.
These Additional Reports are subject to a fee. Only the Customer may decide to purchase the Additional Reports. The main reports issued via the various sections of the dashboard are, in particular

• The MANAG-ER Report, which details the candidate’s management skills.
• The ZOOM-ER Report, which details the candidate’s personality.

As each section has its own professional objectives, the content of the MANAG-ER and ZOOM-ER reports is tailored to these objectives.

The MANAG-ER and ZOOM-ER reports are also edited so that a candidate version can be adapted and made available. MANAG-ER and ZOOM-ER reports are also published so that a version for the customer’s partners can be adapted and made available. Partners are defined separately for each section.

For example, if a recruitment agency wants to provide its client with a summary of the results, it has a dedicated report and can send it to the client. The client assumes responsibility for the destruction and confidentiality of the data submitted, which is sent by email to the address entered for transmission.

A summary, opinions, recommendations and any other documents and information, in particular graphs and statistics, may be attached to the Report, under the conditions and using the methods that the Company deems most appropriate for providing the Services.

• Submission of Reports

The Reports may only be drawn up and delivered to the Client once the Candidate has fully completed the Questionnaire.

The Reports are delivered by means of an e-mail generated by the client via his/her account.
The deadlines for delivery of the Reports are indicated on the Site. These deadlines are purely indicative. The Company does not offer any guarantee as to the time taken to deliver the Reports, insofar as this depends on the Candidate’s wishes and the Company has no control over the Candidate’s completion of the Questionnaire.

Prices are online and accessible at all times, as are the descriptions of the offers. The provision of additional reports depends on the Customer’s choice of report acquisition.

If they exercise their right of access, all Applicants may obtain information about themselves, including a summary. This summary is provided free of charge and automatically. If the service does not work for any technical reason, Applicants may write to the company to request a free report on their status. The results are differentiated according to whether the candidate is an autonomous individual customer or a customer candidate. The associated reports are distinctive.

If the customer has not purchased the candidate’s reports, they cannot be given to the customer as they have not been edited.

The company is not authorised to issue a customer’s candidate with additional reports that the customer has not purchased. Any client candidate who wishes to receive reports has the right to retake the questionnaire on his or her own initiative as an autonomous individual client. The rules for consulting the reports will then be those associated with the autonomous individual client.

• Other Services

The Company reserves the right to offer any other Service that it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate for providing said Services.

7. Financial terms and conditions

Some Services are provided to the Customer free of charge, others for a fee, in accordance with the terms set out below.

7.1 Access to the Summary Report free of charge

When the “Customer” opens an account for the first time (only 1 account per company), he/she will receive a free subscription to the personality test for a period of 15 days, as well as a free complete management report.

7.2 Financial terms of the Additional Reports

The preparation and delivery of Additional Reports are subject to a charge, in accordance with the conditions set out below.

Subscription and credits

The Assess Manager offer is priced in the form of subscriptions.

Each subscription is defined by a pack of credits which can be used for a period of 12 months.

There are different subscriptions which correspond to ‘packs’ that the client chooses according to their needs.

Each additional report or any other product offered in the Assess Manager package is valued in the form of credits, which define their price.

The various subscriptions are defined on this page, together with the unit price per credit according to the size of the subscription chosen.

When customers choose a subscription, their account is credited with the number of credits corresponding to the chosen subscription (packs).

The total number of initial credits will be reduced as the customer makes use of the products offered by the customer during the year of their subscription:

Consulting or sending a report generates the deduction of the corresponding number of credits, according to its value clearly stated here.

For the same candidate and the same additional report (e.g. Personality – Zoom-Er), the number of credits debited from the customer’s counter is calculated only once, whether the report is consulted or sent.

For example, if the customer opens a candidate’s ZOOM-ER report, one credit is debited. If they then send their ZOOM-ER report to the candidate, they will not be debited again.

On the other hand, if you wish to open and view ANOTHER report for the same candidate, i.e. the MANAG-ER report, you will be debited 9 additional credits (10 credits – 1credit, value of the ZOOM-ER report, included in the MANAG-ER report).

If they had not previously consulted the ZOOM-ER report, their credit counter would be debited by a total of 10 credits, the total price of the MANAG-ER report.

If they then wish to send one to three training booklets to this candidate, an additional 4 credits will be debited.

A subscription lasts for 1 year, i.e. 365 days, unless special conditions are explicitly specified. It is tacitly renewed on the 366th day, at which point payment of the price is due by the customer.

If the customer uses all of their credit pack before the 365 days and places a new order, it is the last order date and the last pack ordered that becomes the valid subscription subject to renewal, taking this new subscription date as the reference.

In other words, any new order becomes the new reference date for the subscription and therefore for its renewal, outside the notice period for cancelling the subscription (see section 7.3).

From the date of the update of the general terms and conditions of service, all new orders are associated with a credit validity period.

Credits are valid for 12 months unless otherwise agreed. Any credit not used within the subscription period is lost, and the subscription counter restarts at its full subscription level at the renewal date.

For example, if you have a Blue pack with 300 credits at the start of the subscription and you have used 270 credits over the period, the credit balance counter will automatically return to 300 credits on the subscription renewal date. If the customer cancels their subscription renewal in accordance with the relevant conditions, their credit counter will drop to 0 credits on the subscription expiry date.

The customer will receive an email at the address of the administrator registered on the account reminding them of this renewal, so that they can cancel, increase or decrease it if necessary. The Subscription renewal date is visible to the customer, who remains solely responsible for adjusting it to their needs within the allotted time.

7.3 The duration of the Subscription and the cancellation period

The duration of Subscriptions is indicated on the Site.
The Subscription begins on the day it is taken out, subject to payment of the price, for the period taken out by the Customer (hereinafter: the “Initial Period”), from date to date.
By default, it is for one year, 365 days.

It is then renewed tacitly, for successive periods of the same duration as the Initial Period (hereinafter referred to, together with the Initial Period, as the “Periods”), from date to date, unless notice of termination is given in the form of an email sent with acknowledgement of receipt, by the Company or by the Customer no later than :

• 1 (one) month before the end of the current Subscription Period if payment of the Subscription price is annual;
• 15 (fifteen) days before the end of the current Subscription Period if payment of the Subscription price is monthly.

The Customer acknowledges that he/she may not claim any refund of all or part of the price corresponding to the current Period.

Any Subscription Period that has begun is due in full. In the event of termination, Credits not used during the Subscription Period cannot be carried over and will be lost for the Customer, which the Customer expressly acknowledges and accepts.

In the case of the purchase of different packs in the same year, it is the last Pack subscribed to that prevails for its renewal and not each of the packs subscribed to during the year. This only applies to an increase in pack size within the above-mentioned notice period.

If the customer wishes to reduce the size of their subscription (pack with a lower number of credits), they must give notice before the cancellation period.

If the customer wishes to cancel their subscription, access to the services will be terminated on the date the request is received.

Cancellation requests must be sent using the contact form, as indicated in section 2.

• Subscription payment methods

Subscriptions can be purchased online or by means of a formalised purchase as follows: transmission of an order form that can be edited online and completed by the customer, transmission of an invoice for payment. Receipt of the payment opens the account in accordance with the order transcribed and validated on the invoice.
Payment for the subscription may be made online, by bank card, via a secure online payment service, by cheque, by bank transfer or by any other means proposed on the Site at the time of purchase.

Payment by bank card is made by a payment service provider, which alone retains the Customer’s bank details. The Company does not retain any bank details.

In the event of payment by bank card, the Credits are immediately available.
In the case of payment by cheque or bank transfer, the Credits are only available once the price of the Credit Packs has been cashed. The Customer guarantees the Company that he/she has the necessary authorisation to use the chosen method of payment. The subscription date begins on the day the invoice is issued. It is the Customer’s responsibility to make the payment on the day of receipt of the invoice in order to benefit fully from their subscription.

• The value of the credit

The value of the credit is determined by the pack to which it belongs, and decreases as follows

Unless otherwise stated, they are expressed in Euros and exclude French taxes.
The value of the credit may be revised upwards at any time, and the company reserves the right to apply a price change. The price adjustment is indicated in the above-mentioned online shop.

Credits can also be used to purchase an online assistance service, the value of which in credits and the corresponding duration are indicated on the site, in the DASHBOARD section.

Subscription prices may be revised by the Company at any time, at its own discretion. The Client will be informed of these changes by the Company by any useful written means (and in particular by email) at the latest:

• 1 (one) month at least before the new prices come into force if the Subscription price is paid annually ;
• 15 (fifteen) days at least before the new prices come into force if the Subscription price is paid monthly.

The new prices apply when the Subscription is renewed following their entry into force.

The Company reserves the right, at its own discretion and on terms to be determined by it alone, to offer promotional offers or price reductions.

The purchase of subscriptions in the form of Credit Packs and the subscription to Subscriptions are subject to invoices which are sent to the Customer by any appropriate means.

In the event of unsubscription, for any reason whatsoever, the Customer will no longer be able to use the Credits he/she holds and in particular will not be able to resell them, which he/she expressly acknowledges and accepts.

• Late payments and payment incidents

The Customer is hereby informed and expressly accepts that any delay in payment of all or part of an amount due on the due date will automatically result, without prejudice to the provisions of article 13 (Penalties for default) and without prior formal notice :

• The acceleration of all sums owed by the Customer and their immediate payment;
• Immediate suspension of Services in progress until full payment of all sums owed by the Customer;
• The invoicing to the Company of late payment interest at the rate of 1.5 times (one and a half times) the legal interest rate, based on the amount of all the sums owed by the Customer.

8. Duration of Services

Subscription to the Site is for an indefinite period.

Cancellation of the Subscription does not entail deregistration from the Site. In particular, the Customer may continue to use the Services by purchasing Credit Packs from time to time.

9. Unsubscription

The Customer may unsubscribe from the Site at any time, by sending a request to this effect to the Company by email, using the contact details given in article 2, or by any other means indicated on the Site.

Unsubscription takes effect within a maximum of 7 (seven) days from the date of this request. It will result in the automatic deletion of the Customer’s Account, as well as all the Company Accounts attached to it.

10. Customer obligations and guarantees

Without prejudice to the other obligations set out herein, the Customer undertakes to comply with the following obligations.

• In using the Site and the Services, the Customer undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
• The Customer acknowledges that he/she has familiarised himself/herself on the Site with the characteristics and constraints, in particular the technical constraints, of all the Services. They alone are responsible for their use of the Services.
• In particular, the Customer undertakes to comply with the French Employment Code and, in particular, the provisions of articles L1221-6 et seq. thereof, relating to the recruitment and assessment of Candidates.

10.1 The Customer undertakes to comply with its obligations to declare to the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés) any files relating to recruitment and personnel management.

It also undertakes to use the Services and the data extracted therefrom solely for the purpose of assessing the skills of Candidates, with a view to their recruitment or as part of their internal development.

• However, the Company reserves the right to keep all or part of the data collected anonymously, in particular for statistical purposes or to improve the Services. In particular, this data may be transferred, rented or exchanged for the benefit of third parties by the Company, which the Customer expressly accepts.
• The Client undertakes to make strictly personal use of the Services. Consequently, the Client undertakes not to assign, grant or transfer to a third party all or part of its rights or obligations hereunder, or to transfer to a third party, whether free of charge or in return for payment, the use or ownership of the Questionnaires and Reports and, more generally, any information communicated by the Company in connection with the Services.

10.2 The Client undertakes not to obscure the Company’s trademark appearing on the Questionnaires, Reports and any other document communicated by the Company.

10.3 The Client undertakes not to modify or alter the Questionnaires and Reports in any way whatsoever.

10.4 The Client undertakes not to reproduce or use the framework, the logical sequence, the sequence of questions and the questions themselves appearing in the Questionnaires and not to re-use all or part of them, without the Company’s prior written authorisation.

10.5 The Client undertakes not to monetise, sell, grant or exchange with third parties the Credits purchased on the Site.

10.6 The Client undertakes to provide the Company with all the information required for the proper performance of the Services. More generally, the Client undertakes to cooperate actively with the Company with a view to the proper performance of these terms and conditions.

• The Client undertakes to keep confidential, from the point of view of third parties, all information communicated by the Company, including in particular Questionnaires, Reports and, in general, all information concerning the Candidate and collected in the course of the Services.

This prohibition does not apply to the Customer’s own business needs, in compliance with the law and the regulations or agreements in force, as well as these General Terms and Conditions.

• In addition, the Customer is solely responsible for the relationships it may establish with Candidates and the information it communicates to them in the context of the Services. It is the Customer’s responsibility to exercise appropriate caution and discernment in these relationships and communications. In addition, the Customer undertakes to observe the usual rules of politeness and courtesy when dealing with Candidates.

• The Customer acknowledges that the Services offer an additional, non-alternative solution for assessing the skills and performance of future and current employees and that this solution is not a substitute for any other means that the Customer may have at its disposal to achieve the same objective.

• The Customer must take the necessary steps to back up by his own means the information in his Personal Space that he deems necessary, no copy of which will be supplied to him.

• The Customer is informed and accepts that the implementation of the Services requires him/her to be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she alone is responsible.

• The Client indemnifies the Company against all complaints, claims, actions and/or demands whatsoever that the Company may suffer as a result of the Client’s breach of any of its obligations or guarantees under these general terms and conditions.

• The Client undertakes to compensate the Company for any prejudice it may suffer and to pay all costs, charges and/or judgements it may have to bear as a result.

11 Liability and guarantee of the Company

• The Company undertakes to provide the Services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Clients expressly acknowledge and accept.

In this respect, the Company does not provide the Customer with any guarantee as to the adaptation of the Services to the Customer’s specific or particular needs, expectations or constraints.

• The Questionnaires and Reports offered by the Company are subject to constant improvement and cannot be considered perfect or exhaustive.

The decision to hire or promote within the Company rests exclusively with the Client.

The Services offered on the Site are only tools to assist the Client and should not be considered otherwise.

The Company declines all responsibility for the Client’s decisions, particularly in the event of recruitment or internal promotion.

• Furthermore, the Company is in no way responsible for exchanges or relations between Clients and Candidates that take place outside the Site or the Services.

The Company is not a party to any employment contracts that may be entered into between Clients and Candidates and may under no circumstances be held liable for any difficulties that may arise during the conclusion or performance of such contracts, nor may it be a party to any dispute whatsoever between Clients and Candidates.

Clients are solely responsible for the proper completion of any administrative, tax and/or social formalities that may be required of them.

• The Company undertakes to keep the information contained in the Questionnaires and Reports confidential and to communicate it only to the Client who placed the order or to the Candidate in the event that they exercise their right of access, as set out in article 6.3.

• The Company declines all liability in the event of any loss of information accessible in the Client’s Personal Space, as the Client must save a copy and may not claim any compensation in this respect.

• The Company undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this respect, the Company reserves the right to temporarily interrupt access to the Site for maintenance purposes. Similarly, the Company may not be held liable for temporary difficulties or impossibilities in accessing the Site due to circumstances beyond its control, force majeure or disruptions to telecommunications networks.

• The Company does not guarantee to Customers (i) that the Services, which are subject to constant research in order to improve their performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and not offered solely for the use of a given Customer according to his own personal constraints, will specifically meet his needs and expectations.

With a view to constantly improving the quality of the Services, the Company invites Clients to send it any comments or information they may wish to bring to its attention concerning the quality of the transactions carried out via the Services.

• In any event, the Company shall not be liable to the Clients for the payment of damages of any nature whatsoever, whether direct, material, commercial, financial or moral, as a result of the Clients’ use of the Services, for an amount greater than the amounts invoiced by the Company as remuneration for the Services which gave rise to its liability, at the time when the alleged damage occurred. The Company may only be held liable if the Clients have made a claim, by registered letter with acknowledgement of receipt, within one month of the said occurrence.

12. Prohibited behaviour

• The following are strictly prohibited (i) any behaviour likely to interrupt, suspend, slow down or prevent the proper operation of the Site, (ii) any intrusion or attempted intrusion into the Company’s systems, (iii) any misappropriation of the Site’s system resources, (iv) any action likely to impose a disproportionate burden on the Site’s infrastructure, (v) any breach of security and authentication measures, (vi) any action likely to infringe the financial, commercial or moral rights and interests of the Company or of the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and, more generally, (viii) any breach of these General Terms and Conditions or of the laws and regulations in force.

• In the event of a breach of any of the provisions of this article or, more generally, of laws and regulations, the Company reserves the right to take all appropriate measures and to initiate legal action.

13. Penalties for breaches

In the event of a breach by a Client of any of the provisions of these general terms and conditions or, more generally, an infringement of the laws and regulations in force, the Company reserves the right to take any appropriate measure and, in particular, to:

• suspend, remove or prevent access to the Services by the Customer who has committed or participated in the breach or infringement,
• delete any content placed online on the Site,
• publish on the Site any information message that the Company deems useful,
• notify any relevant authority,
• take any legal action.

14. The Company’s intellectual property

The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.), in particular the Questionnaires and Reports, used by the Company within the Site are protected by all intellectual property rights or rights of producers of databases in force. Any disassembly, decompilation, decryption, extraction, re-use, copying and, more generally, any act of reproduction, representation, distribution or use of any of these elements, in whole or in part, without the Company’s authorisation, other than as provided for herein, is strictly prohibited and may result in legal action.

15. Personal data

The Company has a policy of protecting personal data, the characteristics of which are set out in the document entitled “Personal Data Protection Charter”, which the Customer is expressly invited to read.

16. Advertising

The Company reserves the right to insert on any page of the Site and in any communication to Customers any advertising or promotional messages in a form and under conditions to be determined by the Company alone.

17. Links and third party sites

The Company may under no circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) which the Customer may access via the Site.

The Company accepts no responsibility for the content, advertising, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms and conditions of use.

Nor is the Company liable for any transactions between the Customer and any advertiser, professional or merchant (including any of its partners) to which the Customer may be directed via the Site, and the Company shall under no circumstances be a party to any disputes whatsoever with such third parties, particularly concerning the delivery of products and/or services, guarantees, declarations or any other obligations whatsoever to which such third parties are bound.

18. Commercial references

The Client expressly authorises the Company to quote it and, where applicable, to use the reproduction of its brand name or logo as a commercial reference throughout the term of the contract and for a period of 5 (five) years after its termination, in particular at events, in its commercial documents and on its website, in any form whatsoever.

19. Changes

The Company reserves the right to modify these general terms and conditions at any time.

The Customer will be informed of these modifications by any appropriate means.

Any Customer who does not accept the amended general terms and conditions must unsubscribe from the Services in accordance with the procedures set out in article 9.

Any Customer who uses the Services after the entry into force of the modified general terms and conditions is deemed to have accepted these modifications.

20 Language

In the event that these General Terms and Conditions are translated into one or more languages, the language of interpretation shall be French in the event of contradiction or dispute as to the meaning of a term or provision.

21. Applicable law and jurisdiction

These general terms and conditions are governed by French law.

In the event of any dispute concerning the validity, interpretation and/or performance of these general terms and conditions, the parties agree that the courts of Nantes shall have exclusive jurisdiction, unless mandatory procedural rules dictate otherwise.

22. Entry into force

These terms and conditions came into force on 19/10/2023.