The purpose of the present General Terms and Conditions of Service (hereinafter referred to as "GTCS") is to define, on the one hand, the conditions under which CYDIS provides the services of the website https://webapp.atis.cloud (hereinafter referred to as "the WEBSITE") to the CLIENTS who request them, and on the other hand, the manner in which the CLIENT accesses the site and uses said services.
These General Terms of Service constitute the sole basis of the commercial relationship between the parties, and are intended to set out the contractual provisions relating to the respective rights and obligations of the PARTIES in the context of the use of the SITE and all the SERVICES offered therein.
These TOS apply to the exclusion of all other terms and conditions, and shall prevail over any other version or contradictory document.
They are accessible at any time on the SITE.
They apply without restriction or reservation to all services rendered by CYDIS.
The SITE offers a viewing, hosting, and file sharing service and additional services as part of the Advanced version.
The publisher of the SITE reserves the right to modify at any time the present General Conditions of Use, in particular to adapt them to legislative or regulatory changes or to technical developments of the site, or to modify the various products or services offered by the SITE.
Any connection to the SITE is subject to strict compliance with these conditions. Any CUSTOMER who contravenes these Terms and Conditions of Use may have his or her access to the services of the SITE withdrawn without indemnity or notice, and without prejudice to the exercise by the owner of the SITE of any remedy or legal action that it may deem appropriate against the user.
In accordance with current regulations, these General Conditions of Use of the Service are systematically communicated to any CLIENT who requests them, in order to allow them to place an order with CYDIS.
The CUSTOMER declares to have read the present CGUS and to have accepted them by checking the box provided for this purpose at the time of the first connection or creation of account.
In accordance with the Data Protection Act of January 6, 1978, the CLIENT has the right to access, rectify, and oppose all of his personal data at any time by writing to the CYDIS address, providing proof of his identity.
This service is published by CYDIS (hereinafter CYDIS), SARL, registered in the Annecy Trade and Companies Register, under the number B 841 698 418, whose headquarters are located at 272 route de Naves, 74370 Villaz - France.
The User acknowledges that he/she has the required capacity to use the Service offered by CYDIS.
CYDIS is entitled to make any changes to the present GCUS. The present conditions do not prevent the conclusion of Special Conditions directly negotiated with CYDIS to define the specific terms and conditions of the Service. In the case of the conclusion of Special Conditions, the present conditions will remain applicable unless they are incompatible with the Special Conditions.
The terms mentioned below have the following meaning in these GENERAL TERMS AND CONDITIONS OF USE:
"WEBSITE" means the Internet site accessible at https://webapp.atis.cloud. The SITE includes all the web pages, services and features offered to USERS.
"PUBLISHER": The editor means the legal entity owner of this site who proposes to provide a mission of assistance to the user
"CUSTOMER": means any natural or legal person, subscribed to the services of ATIS.cloud
"ACCOUNT": means the interface hosted on the SITE in which all the data provided by the CUSTOMER is grouped. Access to the ACCOUNT is made through the IDENTIFIERS.
"GENERAL TERMS AND CONDITIONS OF USE OF THE SERVICE" or "GTCS" or "GCS": means the present contractual terms and conditions made available on the home page of the SITE, in order to govern the use of the SITE by any USER.
"IDENTITY": refers to the email address and password chosen by the CUSTOMER, necessary to access his/her ACCOUNT on the SITE.
"PARTIES": means CYDIS and the USER together.
"SERVICES": refers to all the services offered by CYDIS to the USERS through the SITE.
"USER": means any natural person who accesses and browses the SITE, whether a CUSTOMER or an ordinary Internet user.
"SUBSCRIPTION": refers to the contract by which the CLIENT acquires the benefit of access to the services offered by CYDIS through the website for a fixed price for a determined period of time.
This contract covers the provision of access to the https://webapp.atis.cloud website, which is a collaborative web platform that allows CLIENTS to process, measure, visualize and share 3D data.
The purpose of this contract is to define the respective rights and obligations of CYDIS and the CLIENTS in the implementation of the Service.
The general structure of the site https://webapp.atis.cloud, as well as the texts, graphics, images, sounds and videos that make it up, are the property of the publisher or its partners. CYDIS remains the owner of the SITE it has created and the services it offers.
The CLIENT acknowledges the intellectual property rights of CYDIS on its WEBSITE, its components and the contents thereof and waives the right to contest these rights in any form.
The CUSTOMER recognizes the SITE and the services it contains as a work of the mind that he and any person directly or indirectly subordinate to him, such as members of his staff, are obliged to consider as such.
The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content of the WEBSITE are the exclusive intellectual property of CYDIS and may not be reproduced, used or represented without express authorization under penalty of legal action.
They are thus prohibited from copying or reproducing it in whole or in part, by any means, and on any paper, digital or other medium, in any form, from transcribing it or translating it into any other language, from modifying it or adapting it.
Any representation and/or reproduction and/or partial or total exploitation of the contents and services offered by the site https://webapp.atis.cloud, by any process whatsoever, without the prior written authorization of the publisher and/or its partners is strictly prohibited and would be likely to constitute an infringement within the meaning of articles L 335-2 and following of the Code of the intellectual property.
No reproduction, even partial foreseen in the article L.122-5 of the Code of the intellectual property, can be made of this site without the express and written authorization of the PUBLISHER.
In particular, CYDIS expressly prohibits:
The acceptance of these GTUs is an acknowledgement by the CLIENT of the intellectual property rights of CYDIS and a commitment to respect them.
CYDIS grants a personal, non-exclusive and non-transferable license to the CLIENTS to use the WEBSITE and the information contained therein in accordance with these GTUs.
Any other exploitation of the SITE and its contents is excluded from the scope of the present license and cannot be carried out without the prior express authorization of CYDIS.
It is also recalled that according to Article 323-1 of the Penal Code "The fact of accessing or remaining, fraudulently, in all or part of an automated data processing system is punishable by two years imprisonment and a fine of €60,000. When the result is either the deletion or modification of data contained in the system, or an alteration of the functioning of this system, the penalty is three years' imprisonment and a fine of €100,000.
A file may contain several rights:
In this regard, the CUSTOMER is advised that, prior to any hosting/sharing carried out via the SITE, he/she must ensure that he/she holds all the rights or, where applicable, that he/she has been assigned the rights attached to them.
He remains solely responsible for any actions in response, particularly in the event of counterfeiting or any other infringement of the rights of third parties, which would result from a file transfer initiated by them.
CYDIS shall not be held responsible in any way for this, and the CLIENT shall be personally responsible for any claims and legal action in case of infringement or any other violation of the rights of third parties, which would result from a file transfer initiated by them.
Any breach of this obligation by the CUSTOMER shall immediately result in the termination of the contract by operation of law, without prejudice to any damages.
On its part, CYDIS undertakes to guarantee the complete confidentiality of the files uploaded and transferred and hosted between the USERS, in fact, no other person except the sending USERS and the receiving USERS as chosen by the sending USER will have access to the files.
The use of the features of the SITE and the SERVICES implies the acceptance of the present TOS.
Thus, the CUSTOMER undertakes to read carefully these GTUs when accessing the SITE and is invited to download, print and keep a copy.
It is specified that these GTUs are referenced on the Subscription page of the SITE by means of a hypertext link and can thus be consulted at any time.
By using the SITE, the CUSTOMER acknowledges having the necessary means and skills to use the SITE.
The equipment required to access and use the SERVICES and the WEBSITE are at the CLIENT's expense, as are the telecommunications costs incurred by their use.
The CLIENT authorizes CYDIS to use Your Content. Your use of the Services may require or allow CYDIS to collect or store Your Content (including End User Content). CYDIS personnel do not access Your Content except (a) at your request or with your consent - for example, in the course of providing your assistance or resolving a technical problem or other request, (b) in the course of providing and improving the Services (including maintaining, securing, updating and modifying the Services), or (c) in the course of legal obligations, investigations or proceedings. By submitting, uploading or posting your Content to or through the Service, you hereby grant CYDIS, for the sole purpose of providing and improving the Services (including maintaining, securing, updating and modifying the Services) or otherwise in accordance with these Terms, a worldwide, royalty-free, non-exclusive license to access, use, reproduce, adapt, modify, publicly perform, publicly display, prepare derivative works from and distribute your Content through the Service.
You represent and warrant to CYDIS that you have all the rights, powers and authority necessary to grant the licenses and rights set forth in these terms and conditions.
The USER wishing to become a CUSTOMER is invited to follow the registration procedure defined below.
Any USER wishing to profit from the offer ATIS.cloud described in article 7 of the present will have to create an ACCOUNT beforehand to become CUSTOMER.
By clicking on "subscribe", the USER is asked to provide the following information:
The USER wishing to become a CUSTOMER agrees to provide CYDIS with accurate, loyal and up-to-date data, which does not infringe, in any way whatsoever, on the rights of third parties and to communicate to CYDIS any necessary update of the data communicated during registration.
His/her information can be updated via the "Profile" tab of his/her ACCOUNT.
The CUSTOMER is entirely responsible for the accuracy and updating of the data communicated in the context of the opening and management of its ACCOUNT.
The e-mail address and password chosen by the CUSTOMER constitute his personal, nominative and non-transferable IDENTIFIERS, granted only to the CUSTOMER, having provided the information concerning him (name, corporate form, registered office, registration number, etc...).
In case of violation of the present stipulations, CYDIS reserves the right to suspend or cancel the ACCOUNT without prejudice to possible damages.
The CUSTOMER will not be able to claim the refund of his SUBSCRIPTION for the remaining months.
CUSTOMER shall be solely responsible for the use of its IDENTIFIERS or actions taken through its ACCOUNT.
In the event that a CLIENT discloses or uses his IDENTIFIERS in a manner contrary to their intended purpose, CYDIS may terminate the ACCOUNT without notice or compensation.
CYDIS will not be held responsible in case of usurpation of the identity of a CLIENT. Any access and action made from a CLIENT's ACCOUNT will be presumed to be made by that CLIENT, as CYDIS is not obliged and does not have the technical means to ensure the identity of the persons accessing its SITE from an ACCOUNT.
Any loss, misappropriation, or unauthorized use of a CLIENT's IDENTIFIERS and their consequences are the sole responsibility of the CLIENT, who must notify CYDIS, without delay, by email to the following address: firstname.lastname@example.org
The CUSTOMER can close his ACCOUNT at any time by sending an email to the address: email@example.com.
The CUSTOMER will not be able to demand the reimbursement of the monthly payments or annual instalments remaining until the end of the subscription.
CYDIS reserves the right to refuse a subscription request in case of legitimate doubt, and in particular:
This list is by no means exhaustive and is given for information purposes only.
In the event that CYDIS refuses a subscription request, CYDIS will inform the CLIENT by email, within 15 working days from the day of the refusal decision.
CYDIS will not have to justify its refusal and the CLIENT will not be entitled to any compensation.
The SERVICES offered by CYDIS via the WEBSITE allow the USER or the CLIENT to host data, i.e. to deposit files in order to transfer them to another USER and to view them online.
By subscribing to ATIS.cloud, the CUSTOMER will be able to profit from the SERVICES of the SITE.
After registering and subscribing to the SUBSCRIPTION, the CUSTOMER will be able to connect to his ACCOUNT from his IDENTIFIERS by clicking on the "connect" tab.
At this stage, the CUSTOMER will be able to access all the SERVICES according to his SUBSCRIPTION.
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the SUBSCRIPTION. A copy of the acknowledgement of receipt of the SUBSCRIPTION is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address provided through the registration form is correct.
During the ordering process, the CUSTOMER will be required to enter the necessary billing information.
After payment, an invoice in electronic format is issued by CYDIS, which is made available to the CLIENT in the "Invoice" tab of his ACCOUNT interface.
The date of the order is the date CYDIS acknowledges online the subscription to the SUBSCRIPTION.
CYDIS will receive remuneration for the use of its WEBSITE according to the terms of this article.
An invoice will be issued by CYDIS within a maximum of 30 (THIRTY) days after the last payment.
The CUSTOMER shall have a period of 5 (FIVE) days from receipt of the invoice to contest its content.
Once the period for disputing invoices has expired, the CUSTOMER will not be able to request a new refund or discount.
For all SERVICES, the CUSTOMER will find on the SITE prices displayed in euros excluding taxes. The CUSTOMER acknowledges having read and accepted the prices.
The prices are those in effect on the day the order is taken.
As a result, they will be increased by the VAT rate.
Any change in the applicable rate may affect the price of the SERVICES as of the effective date of the new rate.
It is recalled that:
The price of the MEMBERSHIP is the one indicated on the WEBSITE at the time of payment.
CYDIS reserves the right to modify its prices at any time, while guaranteeing the CLIENT the application of the price in effect at the time of the order.
The price is collected on the day of payment on the SITE, according to the means of payment accepted by STRIPE, an online payment solution (in principle, all bank cards), which is responsible for securing said payment.
The CLIENT guarantees to CYDIS that he/she has all the necessary authorizations to use the chosen payment method.
The payment is ensured by a secured solution which integrates an encryption process in
SSL mode (Secure Socket Layer).
STRIPE's General Terms and Conditions are available at the following address: https://stripe.com/fr/legal
CYDIS will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the context of the online payment on the SITE.
In this respect, it is specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
In case of default or delay in payment, CYDIS will apply late payment penalties calculated as follows:
Late fees = (amount of the invoice including VAT * LEGAL RATE APPLICABLE FOR THE HALF YEAR) * (number of days late in the half year / 365)
APPLICABLE RATE means the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points.
Late payment will result in the immediate payment of all sums due by the CLIENT, for whatever reason, without prejudice to any other action that CYDIS may be entitled to take.
Late penalties are due the day following the date of payment shown on the invoice without any formality or prior notice.
Any CLIENT in default of payment is automatically liable to the creditor for a fixed indemnity for collection costs in the amount of 40 Euros. When the collection costs are higher than the amount of this lump sum, CYDIS may ask for an additional compensation, upon justification.
If the bank refuses to debit a card or other means of payment, the CLIENT must contact the CYDIS Customer Service in order to pay the MEMBERSHIP order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CUSTOMER proves impossible within 7 days, the subscription to the SUBSCRIPTION will be cancelled or suspended.
No discount will be given by CYDIS for payment before the date indicated on the invoice or within a period less than that mentioned in these Conditions.
Except with the express, prior and written agreement of CYDIS, and provided that the reciprocal claims and debts are certain, liquid and due, no compensation can be validly made by the CLIENT between possible penalties for delay in the provision of the ordered Services or non-conformity of the service rendered, on the one hand, and the sums owed by the CLIENT to CYDIS for the purchase of the said services, on the other hand
Depending on the SUBSCRIPTION offer chosen by the CUSTOMER, the present contract is concluded either for a duration of one (1) month or for a duration of twelve (12) months.
The MEMBERSHIP will then be renewed automatically on the anniversary date by tacit renewal for the same duration, except in the event of a request for termination by the CUSTOMER, made during the current period.
The termination of the SUBSCRIPTION must be done by the CUSTOMER, who must make the request by clicking on the "unsubscribe" button, which is located in the "Subscription" tab of his ACCOUNT.
The cancellation will only be effective on the anniversary date of the subscription to the SUBSCRIPTION, the invoices issued in the meantime remaining due.
CYDIS may terminate the present contract, at its discretion, without prior notice, in the event that the CLIENT fails to comply with any of its obligations, and in particular for failure to comply with its payment obligations and more generally for any behavior that may damage the reputation and brand image of CYDIS.
The resolution of the present contract will be pronounced without prejudice to possible damages.
In case of interruption of services for maintenance, security or storage management reasons, CYDIS will inform its CLIENTS in a reasonable time before the interruption.
CYDIS will indicate the foreseeable duration of the service interruption.
CYDIS commits itself to do its best to schedule the said maintenance operations so that they occur outside the hours of operation, normal functioning of the service and accessibility, in order to minimize their consequences on the accessibility of the Service.
CYDIS will inform the CLIENTS, as soon as it becomes aware of any technical malfunction affecting its Service that may cause an interruption of more than twenty-four (24) hours.
CYDIS shall not be held responsible for any unscheduled interruption of services that is not at fault.
In the event of such a force majeure event, CYDIS undertakes to do its utmost to restore the services as soon as possible.
The CLIENT agrees to immediately inform CYDIS of any malfunction of the services.
The general obligation of CYDIS is an obligation of means. CYDIS has no obligation of result or of reinforced means of any kind.
CYDIS undertakes to do everything possible to ensure continuity of access and use of the WEBSITE 7 days a week and 24 hours a day, and to inform the CLIENTS without delay of any difficulty.
CYDIS makes its best efforts to offer an optimal guarantee of security of the transferred data. However, CYDIS draws the attention of the USERS to the fact that the current communication protocols via the Internet do not allow for the certainty and continuity of the transmission of electronic exchanges (messages, documents, identity of the sender or the recipient).
In such a case, the USER is immediately invited to report any anomaly on the SITE to the maintenance services of CYDIS who will deal with the request as soon as possible.
The USER acknowledges that it is his responsibility to take all necessary measures to ensure that the technical characteristics of his computer and/or computer network allow him to access the services of the SITE and that it is his responsibility to take all appropriate measures to protect his own data and/or software from contamination by any viruses, malware, circulating on the Internet or contracted by any other electronic means.
CYDIS will make the Software and Data available to the Licensee and will use commercially reasonable efforts to make the Software available online as a Service twenty-four (24) hours a day, seven (7) days a week, except:
(i) scheduled downtime (of which CYDIS will give electronic notice),
(ii) and (ii) any unavailability caused by circumstances beyond the control of CYDIS, including, for example, force majeure, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than that involving CYDIS employees), failure or delay of the Internet service provider, failure or delay of the hosting service provider, non-CYDIS application, user generated content, or denial of service attack.
The USER is informed that CYDIS:
(i) acts purely as a host in the uploading, storage and distribution of this content,
(ii) does not take any active role or provide any assistance in the presentation and use of such content, files and other information.
The USERS acknowledge that CYDIS is a host as defined in article 6 I 2° of the French law of June 21, 2004 for confidence in the digital economy called LCEN.
As such, CYDIS reserves the right to remove any content that has been reported to it and that it considers to be manifestly illicit in the sense of article 6 I 2° of the law of June 21, 2004 for confidence in the digital economy, known as LCEN.
Notification of obviously illegal content by a USER or any other third party must be made by e-mail to firstname.lastname@example.org.
In accordance with article 6 I 5° of the law of June 21, 2004 for the confidence in the digital economy called LCEN, the notification, to be valid, must include the following elements:
Upon receipt of the report, the CYDIS services, after verifying the basis for the report,
will act promptly to remove the information or make it inaccessible.
CYDIS shall not be held responsible for the non-performance or improper performance of the contractual obligations attributable to the CLIENT, especially when subscribing to the MEMBERSHIP.
CYDIS shall not be held responsible, or considered to have failed to comply with the present contract, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French Courts and Tribunals.
It is further specified that CYDIS does not control the websites that are directly or indirectly linked to the SITE. Therefore, CYDIS does not accept any responsibility for the information published on these websites. The links to third party websites are provided for information purposes only and no guarantee is given as to their content.
CYDIS declines any responsibility in particular:
In the event of abnormal use or illicit exploitation of the SITE, the CUSTOMER is solely responsible for damages caused to third parties and the consequences of any claims or actions that may result.
The CUSTOMER is also solely responsible for the contents of his space on the SITE. The use of the site is at the CUSTOMER's own risk, and the CUSTOMER shall be solely responsible for any damage to his or her equipment or loss of data resulting from the downloading of data.
CYDIS will not be held responsible in any case.
The liability of CYDIS can only be engaged in case of fault or negligence
duly proven and is limited to direct damages only, excluding any
indirect damages of any kind.
As such, CYDIS only guarantees the CLIENT 10% of the price of the service offered by
In order to assert his rights, the CLIENT must, under penalty of forfeiture of any action relating thereto, inform CYDIS, in writing or by any other means that can be traced
of the existence of the defects or non-conformity, as soon as they are discovered so that CYDIS is in a position to provide for these difficulties.
CYDIS will rectify or cause to be rectified, at its sole expense, in the appropriate manner the
services found to be defective.
When using the SITE, each CUSTOMER undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these GTUs.
The CUSTOMER agrees to respect the rights held by third parties. In this respect, he/she undertakes not to distribute on the SITE any illicit files and, in general, not to directly or indirectly infringe on the rights held by third parties.
In the case of file exchanges, CYDIS formally prohibits the CLIENTS from infringing in any way whatsoever on the copyrights and other rights inherent in the files.
Each CUSTOMER is obliged to:
These GCUS expressly exclude the legal regime of unforeseeability provided for in article 1195 of the Civil Code for all operations of provision of services by CYDIS to the CLIENT.
CYDIS and the CLIENT therefore waive the provisions of article 1195 of the Civil Code and the regime of unforeseeability that is provided for therein, committing themselves to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution proves to be excessively onerous, and to bear all of the economic and financial consequences thereof.
In the event of non-compliance by either Party with its obligations, it is expressly agreed that termination for failure of a Party to comply with its obligations shall occur by operation of law, with notice of default resulting from the sole fact of non-performance of the obligation, without summons or performance of formalities.
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement will be validly put in default by the mere due date of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.
The services exchanged between the Parties since the conclusion of the contract and until its termination having found their utility as the mutual execution of this one, will not give place to restitution for the period preceding the last service not having received its counterpart.
The injured Party may seek damages in court.
CYDIS shall not be held responsible if the non-performance or delay in the performance of any of its obligations described in these GCUS is due to a case of force majeure.
Force majeure in contractual matters occurs when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract shall be terminated by operation of law and the parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
In this respect, CYDIS will not be held responsible for hacker attacks, unavailability of materials, supplies, spare parts, personal equipment or others; and interruption, suspension, reduction or disruption of electricity or others or any interruption of electronic communication networks, as well as for any circumstance or event outside the control of CYDIS occurring after the conclusion of the GTC and preventing its execution under normal conditions. It is specified that in such a situation, the CLIENT cannot claim any compensation and cannot take any action against CYDIS.
In the event of the occurrence of any of the above mentioned events, CYDIS will endeavor to inform the CLIENT as soon as possible.
In the course of operating the SITE, CYDIS may collect personal data.
This data is necessary for the provision of the SERVICES. The data is kept confidential by CYDIS for the purposes of the contract, its execution and in compliance with the law.
In accordance with the law n°78-17 of January 6, 1978 on data processing, files and freedoms and the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as RGPD), CYDIS ensures the implementation of the rights of the persons concerned.
It is reminded that the CUSTOMER whose personal data is processed has the right to access, rectify, update, portability and delete information concerning him/her, in accordance with the provisions of Articles 49, 50 and 51 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Individuals (RGPD)
In accordance with the provisions of Article 56 of the amended Data Protection Act and the provisions of Article 21 of the RGPD, the CUSTOMER may also, for legitimate reasons, object to the processing of data concerning him/her, without reason and without charge.
The CLIENT may exercise these rights by sending an e-mail to: email@example.com.
Any questions or complaints regarding the use or operation of the SITE may be made in the following manner:
If any of the provisions of these GCUS are declared null and void in accordance with a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it shall be deemed unwritten but shall not affect the validity of the other provisions which shall remain fully applicable.
Such a modification or decision does not authorize CLIENTS to disregard the present GTC.
These TOS apply to all CLIENTS/USERS using the SITE.
The GCUS may be modified and updated by CYDIS at any time, especially to adapt to legislative or regulatory changes.
The applicable GCUS are those in force at the time of use on the SITE.
Neither Party may transfer to a third party all or part of its rights and obligations without the prior written consent of the other Party, and in particular CYDIS.
The Contract expresses the entirety of the rights and obligations of the Parties.
This Agreement supersedes all oral or written agreements that may have been previously made between the Parties.
The failure of either PARTY to enforce any provision of these TOU, whether permanently or temporarily, shall not be deemed a waiver of such provision.
In case of difficulty of interpretation between any of the titles appearing at the head of the
clauses, and any of these clauses, the titles will be declared non-existent.
The present GTCS as well as the relationship between the User and CYDIS and the CLIENT are governed by French law.
In the event of a dispute between CYDIS and a CLIENT regarding the interpretation, performance or termination of this Agreement, the PARTIES will endeavor to resolve it amicably.
The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict.
In such a case, the USER is first invited to contact the CYDIS mediation service at the following address firstname.lastname@example.org
If no agreement is reached, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including its validity.
Since mediation is not mandatory, the USER or CYDIS may at any time withdraw from the process.
In the event that mediation fails or is not envisaged, the dispute shall fall under the exclusive jurisdiction of the competent courts of ANNECY (France), to which the Parties attribute jurisdiction, regardless of the place of performance of the Contract concerned or the domicile of the defendant, even in the event of a warranty claim or summary proceedings.