Terms and Conditions of Use (T&Cs)

Terms and Conditions of Use
of the CYBERESIST Platform

The purpose of these Terms and Conditions of Use (“TCU”) is to set out the terms and conditions governing the use of the Platform made available to the User by CYBERESIST, with a share capital of €1,000, registered in the Paris Trade and Companies Register under number 930 360 888, whose registered office is situated at 102, avenue des Champs-Elysées, 7008 Paris, France (hereinafter “CYBERESIST”).

Article 1 – Definitions
In these Terms and Conditions, terms and expressions beginning with a capital letter shall have the meanings set out below, whether used in the singular or the plural.

1.1 Client: means the company that is a client of CYBERESIST, having taken out a subscription to the Platform in accordance with the General Terms and Conditions for the Provision of a Software Platform, available at the following link https://app.cyberesist.fr/, and where the User is an employee or contractor of the Client, authorised to access and use the Platform;

1.2 User Account: means the personal account created by the User on the Platform, as described in Article 3 below;

1.3 Data: means all data collected, generated or processed by the User via the Platform.

1.4 Personal Data: means data which, within the meaning of the applicable data protection legislation, enables a natural person to be identified, either directly or indirectly.

1.5 Platform: refers to the automated cybersecurity audit management platform developed and published by CYBERESIST and made available to the User via the internet at the following link: https://app.cyberesist.fr/

1.6 Website: means the website published by CYBERESIST and accessible at https://cyberesist.com;

1.7 User: means any natural person of legal age and with full legal capacity who has access to and uses the Platform, regardless of their location or the method of connection, who benefits from the services provided by the Platform under the terms of the subscription taken out by the Customer, who is an employee or service provider of the Customer, and whom the Customer has authorised to use all or part of the services provided by the Platform.

Article 2 – Acceptance of the Terms of Use
The Terms of Use constitute a contract between the User and CYBERESIST. Access to and use of the Platform are subject to the User’s express and unconditional acceptance of the Terms of Use. Failure to accept the Terms of Use will result in the User being unable to access and use the Platform. Acceptance of the Terms of Use takes place when the User first logs in to the Platform, upon creation of their Account in accordance with the terms of Article 3.1.
CYBERESIST reserves the right to amend and/or update the Terms of Use at any time and without notice. Access to and use of the Platform shall be subject to the Terms of Use in force at the time of such access and use; Users are therefore advised to consult the Terms of Use regularly.
In the event that any provision of these Terms and Conditions is rendered invalid due to a change in legislation or regulations, or is declared invalid by a final court ruling, this shall in no way affect the validity and enforceability of the other provisions of these Terms and Conditions.

Article 3 – Access to the Platform

3.1. Create an account
Access to the Platform requires the creation of an Account. To do so, the User must have a valid email address.
Access to the Platform is restricted exclusively to persons included on the list of authorised Users provided to CYBERESIST by the Client. CYBERESIST will provide each User, via email to the address indicated on the list of Users provided by the Client, with a secure URL to initiate the creation of the Account required to access the Platform.
Each authorised User may access the Platform (i) by visiting https://app.cyberesist.fr/, logging in and accepting these Terms of Use.

3.2. Responsibility for connection settings
The User agrees to provide and keep their personal information accurate, up to date and complete. CYBERESIST shall under no circumstances be held liable for any delay or inability to access the Platform resulting from incorrect or incomplete information provided by the User when creating their Account. In this regard, the User may amend their personal details at any time.
The User’s login details (username and password, if required) are personal and confidential. The User must keep these login credentials secure and undertakes not to disclose them to third parties for any reason, in any manner or in any form whatsoever. The User also undertakes to ensure that, at the end of each session using the Platform, they log out properly.
In the event of loss, forgetting or theft of their authentication details managed by CYBERESIST, the User must change their password as soon as possible by clicking on the “Forgotten password” button located below the login details entry form. The User is then prompted to create a new password.
Under no circumstances shall CYBERESIST be liable for the loss, theft or misplacement of the User’s authentication details or for their fraudulent use. The User is solely responsible for accessing and using the Platform with their authentication details.

3.3. Facilities
CYBERESIST undertakes to use all reasonable means to ensure that the User has reliable and rapid access to the Platform. Nevertheless, the User acknowledges that they accept the costs and limitations inherent in any internet connection. The User is responsible for ensuring that they access the Platform under suitable technical conditions – hardware, software, telecommunications – so that, in particular, all necessary measures are in place to protect against potential intrusions. All costs associated with accessing and using the Platform, whether relating to hardware, software or internet access, are the sole responsibility of the User. The User is solely responsible for the proper functioning and appropriate security of their IT equipment and internet access. CYBERESIST shall not be held liable for any damage to equipment arising from the use of the Platform.

3.4. Platform Availability
The terms and conditions governing the availability of the Platform are set out in CYBERESIST’s Service Level Agreement, available at the following link: https://cyberesist.com/convention-de-niveaux-de-service/
CYBERESIST is bound only by an obligation of means regarding the accessibility, operation and availability of the Platform or its content. CYBERESIST reserves the right to interrupt, suspend or restrict access to all or part of the Platform, in particular due to legal or technical constraints.
The User expressly acknowledges that the aforementioned suspensions, interruptions or restrictions may occur at any time without notice and that they shall not give rise to any obligation or entitlement to compensation on their part.

Article 4 – Proper use of the Platform
Given the nature and purpose of the Platform, the User must act in a professional capacity for the purposes of their professional activity. The User undertakes to use the Platform exclusively for these purposes.
The User undertakes to use the Platform in accordance with the Terms of Use, in compliance with applicable laws and regulations.
It is strictly prohibited to use the Platform for the following purposes:

• Interfering with the Platform or accessing it by any means other than those provided for in the Terms of Use and the instructions made available to users; engaging in illegal, discriminatory or fraudulent activities, or activities that infringe the rights or compromise the security of third parties;
• A breach of public order or a violation of the laws and regulations in force,
• Aiding or abetting, in any form or manner whatsoever, one or more of the acts described above,
• And, more generally, any use of the Platform for purposes other than those for which it was designed.

CYBERESIST may suspend or terminate the User’s access to the Platform in the event of a breach of this clause, without prejudice to any damages that CYBERESIST may claim.

Article 5 – Warranties
CYBERESIST guarantees the confidentiality and security of the Data. However, CYBERESIST cannot guarantee the completeness, currency or any other quality of the Data uploaded and published by the User on the Platform.
The User is solely responsible for the integrity, accuracy and quality of the Data they upload and publish on the Platform.
CYBERESIST makes no other express or implied warranties, including, but not limited to, warranties regarding non-infringement of third-party rights, the continuity, performance and/or durability of the Platform and/or as to its fitness for a particular purpose or its suitability to the User’s needs, nor does it guarantee that it is free from faults, errors or bugs or that it will operate without failure or interruption. The Platform is provided ‘as is’ and subject to availability.
Access to the Platform implies an understanding and acceptance of the characteristics and limitations of the internet, in particular with regard to technical performance, response times when viewing, retrieving or transferring information, the risk of disruption, and, more generally, the risks inherent in any internet connection and transmission, as well as the lack of protection for certain data against potential misuse.

Article 6 – Liability
CYBERESIST shall not be held liable in any way whatsoever for the User’s access to or use of the Platform. Access to and use of the Platform are entirely at the User’s own risk.
The User is solely responsible for using the Platform and the Data they upload and share on it appropriately, with discretion and good judgement.
No advice or information, whether oral or written, obtained by the User whilst using the Platform shall give rise to any warranties not expressly provided for in the Terms of Use, nor shall it give rise to any liability on the part of CYBERESIST for any damages, of whatever nature, caused to the User or to third parties as a result of the User’s misuse of the Platform, in breach of the provisions of this article and, more generally, of the Terms of Use.
To the fullest extent permitted by applicable law, CYBERESIST expressly excludes its liability for any direct or indirect damage arising out of or in connection with access to the Platform, its use, malfunction or unavailability, regardless of the nature or duration thereof.
CYBERESIST shall be liable only for direct damages that may be caused to the User as a result of the improper performance and/or non-performance of its obligations under these Terms of Use.
The User acknowledges that CYBERESIST is free to correct and/or modify the Platform at any time and without notice, and that such correction and/or modification shall not give rise to any right of recourse on the User’s part.
CYBERESIST shall not be held liable, in general, in any cases where the non-performance or improper performance of the Terms of Use results from a force majeure event or an unforeseeable circumstance beyond its control.
Article 7 – Intellectual property
The Platform, including its source code and architecture, the Website, and all content on the Platform published by CYBERESIST, as well as the registered trademarks “CYBERESIST” and “CYBERSELF ” (hereinafter the “Protected Elements”) are protected by intellectual property rights (including, in particular, all copyright, patent rights, trade marks, database rights, and any other existing or future intellectual property rights, both French and international) and belong to CYBERESIST or to third parties who have authorised CYBERESIST to use them.
Use of the Platform does not in any way confer upon the User any ownership rights and/or intellectual property rights in the Protected Materials, with the exception of a personal right of access that is non-exclusive, non-transferable, non-transferable right of access, limited exclusively to the use of the Platform in accordance with its purpose and in compliance with the Terms of Use, for the duration of the User’s use of the Platform.
It is strictly prohibited to represent, reproduce and/or exploit the Protected Materials, in whole or in part, in any form or by any means whatsoever, without the prior written consent of CYBERESIST. The User undertakes not to copy, modify, assemble, decompile, alter, sell, rent, lend, broadcast, distribute or transfer all or part of the Platform, create derivative works based on the Platform, or authorise a third party to commit such acts, without the prior written consent of CYBERESIST.
Failure to comply with the provisions of this article constitutes an infringement of the intellectual property rights of CYBERESIST and/or third-party licensors and may result in civil and criminal proceedings.

Article 8 – Protection of personal data
CYBERESIST is committed to protecting the personal data of Users of its Platform and undertakes to protect such data in accordance with applicable regulations, in particular Regulation (EU) No 2016/679 of 27 April 2016, known as the “General Data Protection Regulation ” or “GDPR”, and the amended Law No. 78-17 of 6 January 1978, known as the “Data Protection Act”. For further information on personal data protection rules, the User is invited to consult CYBERESIST’s Privacy Policy, available at the following address: https://cyberesist.com/declaration-de-confidentialite-ue/

Article 9 – Term / Termination
These Terms of Use shall come into force upon their acceptance by the User and shall remain in force for the entire duration of the User’s use of the Platform, in accordance with the contract between CYBERESIST and the Customer.
In the event that the User’s use of the Platform does not comply with the T&Cs, in the event of a breach of the T&Cs by the User, or more generally in the event of a breach of applicable laws and regulations, CYBERESIST may suspend or terminate, as of right, without prior formal notice, without notice or compensation, all or part of the User’s access to the Platform. CYBERESIST may effect such termination without prejudice to any other rights, actions or remedies available to CYBERESIST to seek compensation for any loss or damage it may have suffered as a result of such breaches.
Similarly, the Account will be automatically terminated in the event of termination of the contract between CYBERESIST and the Client.
Upon termination of the Account, for whatever reason, CYBERESIST will return to the User, upon request, the Data that the User has uploaded to the Platform, in accordance with the contractual terms and conditions agreed with the Client.

Article 10 – Miscellaneous Provisions
These Terms of Use constitute the entire agreement between the parties in relation to their subject matter and supersede and replace any prior or current agreement, whether oral or written, between the parties in relation to that subject matter.
These Terms of Use are entered into on a personal basis. The rights and obligations arising therefrom may under no circumstances be assigned or transferred by the User, for any reason whatsoever, without the prior written consent of CYBERESIST.
The failure of either party to rely, at any given time, on any provision of the T&Cs shall not be construed in the future as a waiver of the rights it holds hereunder.

Article 11 – Governing Law and Dispute Resolution
These Terms and Conditions are governed by French law. The parties undertake to do their utmost to resolve amicably any dispute that may arise from the performance of these Terms and Conditions. However, if no resolution can be reached, the parties agree that their dispute shall be brought before the competent courts of Paris.