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Sopimukset
GroupCamp Terms of Service
Last update: May 22, 2018
The GroupCamp Terms of Service(“ToS”) (and related appendices) is a legal agreement ("Agreement") between you the customer ("Customer") having registered to a GroupCamp service ("Service") and agreeing to the terms herein and GroupCamp SARL (referred to herein as “GroupCamp”), a French company with offices at 17 Rue d'Hauteville, 75010 Paris (Company Registry Certificate RCS Paris N° 508 468 402).
If the customer registering for the services is an individual with the necessary authorisation to purchase such services on behalf of an organisation, then "the customer" refers to that organisation.
The current agreement governs access to the Service and usage of that Service.
Definitions
All definitions apply for the present ToS and for the different appendices to the Agreement : Billing and Payment Policy, and the Privacy Policy.
« Agreement » The Agreement is composed of the ToS, Billing and Payment Policy, and the Privacy Policy.
« Platform » This term describes the set of hardware servers and software that covers all GroupCamp Service.
« Account » The Account represents the online workspace owned by the Customer and provided by GroupCamp. This workspace can ce accessed by a URL or web address and by a unique identifier and password. Other access modes are mobile devices, third-party services and the GroupCamp Unique ID(GID) which grant access to multiple accounts with a single identifier.
« The Sign-Up Page » The Sign-Up Page is the subscription page through which the Customer creates an Account and accepts the terms of the Agreement.
« Customer »The Customer is the person or any other entity having registered an Account and as such owns the Account. GroupCamp communications with a Customer are carried out by the email address of the owner of the Account as provided during the sign up page and via the Service through the Account menu.
« End-Users » End-Users means any person authorized by a Customer to access and use the Account (non-exhaustive list of examples: colleagues, consultants, sub-contractors, business partners, customers, etc…). GroupCamp End-user accounts are provided to Customer's End-Users by the Owner of the Account for the purpose of allowing such end-users to use the Service.
« Users » represent the Customer and/or all End-Users.
« Offering and Plans » To create an Account, the Customer subscribes online to a Plan for a given Offering. Each plan comes with a set of feaures, quotas and monthly fee. The monthly fee can be nil for a free plan. The Offering is composed of one or more Plans. A Customer can subscribe to one or more GroupCamp Offerings and use them in the Customer’s Account. All Offerings and Plans are described on the GroupCamp website at www.groupcamp.com.
« Account menu » The Account menu contains a set of applications that allow the Customer to perform the following account management tasks : edit Customer information, edit billing information, manage payment methods, subscribe to new offerings, upgrade or downgrade the Plan for an Offering, access the Prepaid Account and invoicing history, Manage the Administrator list for the Account, etc… Applications in the Account menu are dedicated to the Customer. They cannot be accessed by End-Users except for the Prepaid Account for which access can be granted by the Owner to end-users.
« Service » This term includes any web page, web application interface, or process provided by GroupCamp and accessible by the Customer and/or by the End-Users. This includes information and services provided by the www.groupcamp.com website, emails sent as notifications by the GroupCamp Platform and the Customer Account and the applications which can be viewed through all user access devices(computer, mobile device, etc…)
« Content » describes any data added by the Customer and End-Users into the Account. This includes all manually entered data and files irrespective of their formats (for instance, text, raw data videos, music, images, etc…)
« GDPR » The General Data Protection Regulation (GDPR) is a European privacy regulation that aims to strengthen the security and protection of personal data in the European Union (EU). Under GDPR, the Customer is the Data controller, GroupCamp is the Data processor.
1 Acceptance of terms
The Customer acknowledges that its End-Users will be bound by the terms of the current Agreement throughout the time during which the Agreement is effective.
By clicking on “I Accept” on the Sign-Up Page for a GroupCamp offering, the customer creates and account and accepts to comply with the terms which become effective at that date.
All terms of the current Agreement apply for all subcribed Offerings and Plans, including both paid and free plans.
GroupCamp may change this TOS from time to time without prior notice. The Customer is responsible for regularly reviewing any updates to the ToS Customer can review the most current version of this TOS at any time at www.groupcamp.com/terms-of-service. The revised terms and conditions will become effective upon posting and if you use the Service after that date, we will treat the Customer’s use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to the Customer, the only remedy is to cancel the Account and stop using the Service.
The Customer acknowledges that the invalid nature of a single term of the current Agreement does not imply invalidity for the whole Agreement.
Any failure to comply to a single term of the current agreement will represent a violation of all applicable terms of the ToS and may lead to the cancellation of the Account.
If the Customer does not accept one or more terms of the current Agreement, the Customer should not proceed with the creation of an Account so as not to use the Service.
2 Description of Service
GroupCamp deploys acceptable efforts to meet with industry standards to provide the Service throughout the period during which the terms of the Agreement apply.
If the Customer subscribes to the Service via a third-party Service please refer to the Privacy Policy.
Access conditions to the Service
In acceptance with the current terms, the Customer will access the Service via the www.groupcamp.com website and will select an Offering, then a Plan for that Offering, to access the Sign Up Page or Account creation page.
On the Sign-Up or Account creation page, the Customer will provide full name, address, a valid email address, a username and password and an Account URL (or Web Address) among available account URLs. The Customer will then accept the current terms by confirming creation of the Account.
The Customer acknowledges that, as part of the registration process, all registration information provided to GroupCamp will always be accurate, correct and up to date.The Customer agrees to keep an updated active email address and is responsible for the privacy of its password. Customer acknowledges that the only way to change a password is through a valid email address.
Account accesss conditions
After creating an account, the Customer will access the Account via the URL chosen during the sign up process. After authentication the Customer will access the Account and all the different services to which the Customer has subscribed.
3 Customer obligations and commitments
Administration rules, privacy and legal obligations
Customer agrees that the Service should be used to support activities that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines. Customer agrees that it will not engage in any activity that interferes with or disrupts the Service.
The Customer is solely responsible for End-Users created and authorized to use the Account or any information distributed by email or by public sites or links following usage of the Service. Features and privileges granted to End-Users, for instance: Administrators are the sole responsibility of the Customer.
The Customer agrees to protect the privacy of End-Users and their personal data within the limits of applicable legislation and policies in terms made available to End-Users.
The Customer agrees to comply with GDPR.
The Customer accepts to comply with current legislation, rules and regulation when using the Service.
The Customer is responsible for the usage made of the Service by the End-Users. At GroupCamp's request, the Customer will promptly terminate any End User Account in response to a failure to comply with any applicable terms of this ToS. GroupCamp also reserves the right to terminate an End-User account without prior notice to the Customer. GroupCamp will use reasonable efforts to notify the Customer of such actions.
The Customer agrees to notify GroupCamp if it becomes aware of any of the following situations:
- in case of any unauthorised use of an End-User password or of an End-User account,
- in case of a security failure in the Service itself or in the access to the Service,
- any usage which causes any damage to the quality of the Service.
In case the Customer or one of the End-Users fails to comply with one or more terms of the current Agreement, GroupCamp, shall, depending on the gravity, and to its sole discretion, do any of the following :
- issue a request by any means, including email to the Customer, to remedy to the observed issues,
- suspend immediately all account access for the Customer and End Users,
- terminate the Customer Account.
Customer acknowledges and agrees that under no circumstances will GroupCamp be liable in any way for any acts or omissions of the Customer or any of its End Users including any damages of any kind incurred as a result of such acts or omissions.
Account Content
Customer agrees that the Customer is solely responsible for any Content that End-Users might create, manually transmit or display while using the Service and for the consequences of their actions. GroupCamp has no responsiblity to the Customer or any third-party for such usage.
Customer understands that any content which End-users may have access to as part of, or through the use of, the Service are the sole responsibility of the person from which such content originated, irrespective of the country where the End-User is based.
Customer agrees that the Service should be used to support activities that are legal, proper and in accordance with this Agreement. The Customer acknowledges and agrees that the Content of the Account should respect Intellectual Property rights and any applicable policies or guidelines.
In the case of a request to GroupCamp by a thid-party to delete content or to obtain damages GroupCamp shall not be responsible for the usage and actions of Users of the Service. In that particular case, GroupCamp will use reasonable efforts to contact the Customer and transfer the request of the third-party.
4 Offerings and plans, payment, billing, suspension of Service.
Please go to the Billing and Payment Policy
5 Support
Support by the Customer to End-users
The Customer shall provide all the necessary support to End-Users regarding access to the Service usage and any information relating to the terms of the current Agreement.
Support by GroupCamp
GroupCamp shall provide support to the Customer and to End-Users of the Service. Gudelines for the usage of the service and access to the Support team is available on the www.groupcamp.com website. To obtain help on how to use the Service, the Customer may also refer to the FAQ section on the www.groupcamp.com and the GroupCamp BLOG.
The Customer acknowleges that GroupCamp will not provide support for malfunctions or defects related to network connectivity, or end-user computers.
Languages currently understood by the GroupCamp support team are English and French.
6 Usage of the GroupCamp with third-party services
In case of usage of the GroupCamp Service in conjunction with third-party products or services, the Customer agrees to comply to the terms of the said third-party service. Please go to the Privacy Policy.
7 Privacy
The Privacy Policy describes the use made by GroupCamp of data and Content of the Service, provided by the Customer and End-Users.
8 Brand and Property Rights
The Customer acknowledges that GroupCamp is the sole owner of all intellectual property rights, including but not limited to, intellectual property rights relating to the Service (and related work or improvement to the current Service – namely all feature requests by the Customer which are included in the feature set of the Service), including but not limited to, any software, technologies, information, content, support, guidelines or documentation, excluding content for which GroupCamp is not the rightful owner, meaning any Content exchanged by Users during the normal use of the Service including emails notifications sent out by the GroupCamp Platform by users of a Customer Account.
Except as expressly set forth herein, authorized by Law or by GroupCamp, this Agreement does not grant the Customer the right, implied or otherwise, to i) edit, alter or remove copyrights or brand displays from GroupCamp ii) copy, edit, adapt, translate, decompile, disassemble, attempt to retro-engineer the Service or any content, algorithm, method, software, concept or document from GroupCamp.
In agreement with the current terms, the Customer may display its brand (and/or Company logo) on the Account access page and use its brand in the account URL used to access the account. The Customer is solely responsible for the display of the Customer’s brand and owns all rights. Pursuant to this Agreement, should a third party contact GroupCamp with respect to the brand used by the Customer, GroupCamp shall act as an intermediate party and will transfer the request by the third party to the Customer. If the Customer and the third party were not to find an agreement, i) if the Customer is not the owner of any right, GroupCamp shall proceed to the necessary changes ii) If GroupCamp cannot determine which party is the rightful owner of any right, GroupCamp shall transfer the information on the Customer identity to the third party and shall request that the latter obtains legal proof of the rightful ownership by a court of Law.
When the Customer uses its brand and/or display its Company logo on the Account access page (URL) (this information is public and accessible on the Internet) – and – after checking that the domain name contained in the Customer’s email address matches the brand; GroupCamp can use the name and/or Company logo of the Customer on its marketing collaterals. The Customer may revoke GroupCamp’s rights to use its name and brand by providing written notice on the GroupCamp support page. GroupCamp will then comply within a reasonable period.
9 Warranties and Disclaimers
The Customer acknowledges that it has full power and authority to enter into the Agreement. Customer warrants that a) it will comply with all laws and regulations applicable to the Content of an Account b) it will comply with rules and regulation relative to the Service.
This Agreement is governed by French law. FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE CUSTOMER CONSENT TO EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PARIS.
The Customer acknowledges that, as part of the registration process, all registration information provided to GroupCamp will always be accurate, correct and up to date.
10 Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, NEITHER PARTY MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. GROUPCAMP MAKES NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH THE SERVICE.
GROUPCAMP ASSUMES NO RESPONSIBILITY FOR THE PROPER USE OF THE SERVICE. GROUPCAMP AND ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT THE RESPONSE TIMES OF THE GROUPCAMP SUPPORT AND THE RELEVANCE OF THE RESPONSES OF THE SUPPORT TEAM.
CUSTOMER UNDERSTANDS AND AGREES THAT THE SERVICE MAY CONTAIN BUGS, DEFECTS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. CONSEQUENTLY, THE SERVICE INCLUDING ALL CONTENT, SOFTWARE (INCLUDING ANY UPDATES OR MODIFICATIONS TO THE SERVICE), FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, AND ANY ACCOMPANYING DOCUMENTATION ARE PROVIDED “AS IS” AND ANY USE THEREOF SHALL BE AT CUSTOMER'S OWN RISK. GROUPCAMP AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT.
The Customer agrees that the Service is not fault tolerant and is not designed for high risk activities such as the operation of nuclear facilities, air traffic control, or life support systems, where the use or failure of the Service could lead to death, personal injury, or environmental damage.
11 Indemnification
By the Customer
Customer will indemnify, defend, or settle against all liabilities, damages, and costs arising out of a third party claim regarding:
- Customer Content and/or Customer brands
- The display of brands of the Customer in the construction of the Access URL used for Account access;
- The presence of the brand of the Customer and/or usage of the Customer’s logo on the Account access page.;
- Usage of the Service by the Customer;
- Leaking of information relative to End-Users by the Customer;
- Any failure to comply to the terms herein by the Customer, declaration and warranties and disclaimers contained in this Agreement ;
- Usage of the Service by End-Users
By GroupCamp
For legal action taken to a French court (no other country court will be taken in account), GroupCamp shall indemnify, defend or or settle against all liabilities, damages, and costs arising out of a third party claim:
Notwithstanding the foregoing, in no event shall GroupCamp have any obligations or liability under this Section arising from
- usage of any Service or GroupCamp brand under an altered form or associated with elements not provided by GroupCamp and
- any content, information or data provided by the Customer, End-users and any other third-party.
Action by GroupCamp on unauthorized usage of a brand
GroupCamp, in its sole discretion, may terminate the usage by a Customer of a brand name which GroupCamp is convinced or supposed to be in infringement of intellectual property rights of a third-party.
12 Limitation of liability
NEITHER PARTY WILL BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
No term of the current agreement may exclude or limit the responsibility of either party in case of
- death or injury resulting from negligence of either party or its representative or employees.
- fraudulous acts or false declarations.
- Violation of any implied term related to the applicable law or ‘quiet enjoyment’.
Except as expressly set, neither party will be liable, Under this agreement for the following :
- loss of revenues or other financial losses (including loss of turnover, profit, commercial contracts, data, anticipated savings or cost of a substitution service),
- special indicental, consequential or punitive damages,
- loss of reputation ;
even if the party knew or should have known that such damages were possible and even if direct damages do not satisfy a remedy.
Under the current term, either party may be held liable (liability being related to a breach of the current Agreement, negligence or other reason) under this Agreement for no more than the cumulated amount paid by the Customer for the Service during the two months prior to the event giving rise to liability.
13 Termination
Termination by the Customer
The Customer may terminate the current Agreement by using the Account application.
The Customer agrees that the current Agreement will be automatically terminated by deleting the payment method or by not renewing an expired payment method.
In that particular case, the section « Cancellation and deletion of Account » of the Billing and Payment Policy of GroupCamp shall apply and shall specify the conditions for termination of the Service.
Termination by GroupCamp
GroupCamp may at any time and in its sole discretion decide to terminate the current Agreement by sending an email and by displaying the relevant message within the Service. Termination will occur ninety days after receipt of the email.
GroupCamp may, with immediate effect, temporarily suspend or terminate this Agreement if (i) the Customer is in breach of one or more terms of the Agreement (ii) such a request is received via a French court order, French law enforcement body, or any other valid French legal order.
The Customer agrees to be temporarily denied access to the Service for the Customer and its End-users.
The Customer agrees that termination of the Agreement will be effective immediately and will not allow export of any Account Content.
The Customer agrees not to demand any refund or seek indemnification following termination of the Agreement.
Force majeure
Neither party will be liable for inadequate performance (exception made of due fees) to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental decision or action, and Internet or electricity disturbance) that was beyond the party’s reasonable control.
14 Survival of terms
Survival. The following sections will survive expiration or termination of this Agreement : Privacy, Brand and Property Rights, Limitation of liability, Disclaimers
15 Governing law
These TOS, in both its French and English versions, shall be governed by French law without regard to the principles of conflicts of law. In the event of a conflict between the Agreement in French and the Agreement in English, the Customer acknowledges and agrees that the French version will apply. The Customer hereby expressly agrees to submit to the exclusive jurisdiction of the Commercial Court of Paris, France, notwithstanding the plurality of defendants, claim against guarantor, summary or conservatory proceedings.
