Legal

GENERAL TERMS OF USE

CYCLOP TECHNOLOGIES

The French version of this document prevails. This English text is a translation provided for convenience.

1. Who are we?

We are the company CYCLOP TECHNOLOGIES, a private limited company under Estonian law (osaühing), registered in the Estonian commercial register (Äriregister) under no. 17628116, whose registered office is located at Sepapaja tn 6, 15551 Tallinn, Estonia ("CYCLOP TECHNOLOGIES" or "we").

You can contact us at the following e-mail address: contact@cyclop-tech.com and at the following telephone number: +33 6 64 65 76 65.

2. What do we offer?

CYCLOP TECHNOLOGIES offers its customers (the "Customers") a Linux-based operating system, which can be controlled from a PC or through a mobile application synchronised with the PC (together the "Solution") through downloads on the platform www.cyclop-tech.com (the "Platform"), (the "Services").

You have access to the Platform and the Solution under the contract concluded between CYCLOP TECHNOLOGIES and your employer or school so that you can benefit from our Services.

These general terms of use ("General Terms") grant a user who is a natural person ("User" or "you") a personal licence allowing them to access the Services.

3. How do you access our Services?

You can access our Services through the user account that has been created for you by your employer or school ("Account").

4. What are our Services?

You can read the characteristics of our Services on our Platform.

CYCLOP TECHNOLOGIES reserves the right to offer any other Service that it considers useful, in the form and with the functionalities and technical means that it considers most appropriate to provide those Services.

5. For how long do you have access to our Services?

You may use our Services for the period subscribed to by your employer or school.

You acknowledge and accept that if the latter terminates its contract with us, your Account will be automatically deactivated and you will no longer be able to access the Services.

By exception to the above, you may continue to use the Services by subscribing to them directly with us by contacting us at the e-mail address given in the article "Who are we?".

6. What are our respective intellectual property rights and what are we allowed to do in this regard?

6.1. Intellectual property rights

The Platform and the elements of the Solution that we have developed (hereinafter the "Proprietary Elements") are our property, as are the software, infrastructure, databases and content of any kind (texts, images, visuals, music, logos, trademarks, etc.) that we have developed and that are used on the Solution or the Platform. They are protected by all intellectual property rights or database producers' rights in force.

The licence that we grant you does not entail any transfer of ownership. You benefit from a non-exclusive, personal and non-transferable licence to use the Proprietary Elements of the Solution for the period provided for in the article "For how long do you have access to our Services?".

The Solution also includes third-party software components distributed under a free or open source licence (the "Open Source Components"), the list and applicable licences of which are available on the Solution / on the Platform. The Open Source Components remain governed by their respective licences.

The Solution may finally include, depending on the edition subscribed to, proprietary third-party components supplied under the licence of their respective publisher (the "Proprietary Third-Party Components"). The use of these Proprietary Third-Party Components is subject to the general terms and conditions of their publisher, which you undertake to comply with, CYCLOP TECHNOLOGIES granting no warranty in respect of them.

6.2. Reuse of Forum excerpts

You remain the holder of your intellectual property rights in the Content (as defined in the article "Use of the Services") that you publish on the online community forum where Users exchange and help one another (the "Forum").

However, you authorise us to quote all or part of the Content published on the Forum in order to promote CYCLOP TECHNOLOGIES and our Services, under the following conditions:

the Content is quoted only on our own communication media, namely our website and our social media accounts;

the Content is quoted under your pseudonym or anonymously, at your choice (anonymously if no choice is made), which you may exercise or change at any time by contacting us at the details given in the article "Who are we?";

we may translate the Content into the languages offered on the Forum and on the Platform, without changing it in a way that alters its meaning;

this authorisation is granted free of charge and gives rise to no remuneration;

it is non-exclusive, valid worldwide and granted for the duration of the Services, extended by three (3) years from their end;

it covers only the rights of reproduction, representation and adaptation (translation) necessary for the use of the Content under the conditions above. You remain free to use its messages elsewhere.

7. What are your obligations and what are you responsible for?

7.1. Your Account

You:

Warrant that the information given on the Platform is accurate and undertake to keep it up to date;

Acknowledge that this information constitutes proof of your identity and binds you as soon as it is validated;

Are responsible for maintaining the confidentiality and security of your login and password.

As any access to the Platform or the Solution using them is deemed to have been made by you, you must contact us immediately at the details given in the article "Who are we?" if you find that your Account has been used without your knowledge.

You acknowledge that we will have the right to take all appropriate measures in such a case.

7.2. Use of the Services

You are responsible for your use of the Services and for any information you share in this context. You undertake to use the Services personally and not to allow any third party to use them in your place or on your behalf.

You shall not divert the Services to purposes other than those for which they were designed, and in particular to:

engage in any unlawful or fraudulent activity;

undermine public order and morality;

harm third parties or their rights, in any way whatsoever;

breach any contractual, legislative or regulatory provision;

engage in any activity likely to interfere with a third party's computer system, in particular in order to breach its integrity or security;

carry out manoeuvres aimed at promoting your own services and/or sites or those of a third party;

help or encourage a third party to commit one or more of the acts or activities listed above.

You also shall not:

copy, modify or divert any element belonging to us or any concept that we use in connection with the Services;

adopt any behaviour likely to interfere with or divert our computer systems or to undermine our computer security measures;

harm our financial, commercial or moral rights and interests;

market, transfer or give access in any way whatsoever to the Services, to the information hosted on the Platform or to any element belonging to us;

use the Services outside the use intended by the contractual relationship between us and your employer or school.

You acknowledge that content of any kind that you publish on the Platform (the "Content") is shared in a spirit of community exchange.

You are responsible for Content of any kind that you share in connection with the Services.

You accept that Content shared on the Platform is public by default and may be seen by other Users of the Platform.

You shall not share any Content (this list is not exhaustive):

that undermines public order and morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist),

that infringes third-party rights (infringing content, violation of personality rights, etc.) and, more generally, that breaches any contractual, legislative or regulatory provision,

that is harmful to third parties in any way whatsoever,

that is false, misleading or offers or promotes unlawful, fraudulent or deceptive activities,

that is harmful to third-party computer systems.

You are responsible for the relationships you may form with other Users of the Platform. You undertake to act with discernment and to observe the usual rules of politeness and courtesy in your exchanges with other Users.

We act as a hosting provider for the Content exchanged through the Platform. Accordingly, we are not responsible for such Content.

If we receive a notification concerning unlawful Content, we will act promptly to remove it or make access to it impossible, and we may take the measures described in the article "What are the sanctions for breach of your obligations?".

8. Our liability

Without prejudice to the other obligations provided for herein, we undertake to provide the Services diligently and in accordance with the rules of the art, it being specified that we are bound by an obligation of means, to the exclusion of any obligation of result, which you expressly acknowledge and accept.

We undertake to carry out regular checks to verify the operation and accessibility of the Services. In this respect, we reserve the right to temporarily interrupt access for maintenance reasons.

Likewise, we cannot be held liable for temporary difficulties or impossibility of access to the Services originating in circumstances external to us, force majeure, or disruptions of telecommunication networks, Customers and Users being informed of the complexity of global networks and of the influx of internet users at certain times.

We do not warrant (i) that the Services, which are the subject of constant research to improve, in particular, their performance and progress, will be entirely free of errors, vices or defects, (ii) that the Services, being standard and in no way offered solely for a given customer according to its own personal constraints, will specifically meet its needs and expectations.

Damage resulting from contractual breaches on our part will be dealt with under the contract between CYCLOP TECHNOLOGIES and your employer or school.

9. How is your personal data processed in connection with the Services?

In the course of the Services, we process your personal data as controller within the meaning of the applicable regulations on personal data protection. Our privacy policy is available here.

10. Hosting and maintenance

10.1. Hosting

CYCLOP TECHNOLOGIES provides, under an obligation of means, the hosting of the Platform, on its own servers or through a professional hosting provider, and on servers located in the territory of the European Union.

10.2. Maintenance

Apart from any technical support, any anomaly detected by the User must be reported to their employer or school, which will deal with the anomaly directly with us.

11. Support

We offer technical support accessible by e-mail at the address given in the article "Who are we?" allowing you to report any difficulty encountered when using the Services.

12. Evidence agreement

You expressly acknowledge and accept:

that the data collected on the Platform and in the information system of CYCLOP TECHNOLOGIES is authentic proof of the transactions that took place under these terms;

that this data constitutes the main means of proof accepted between the parties.

13. How do you request the end of the Services?

You may unsubscribe at any time by sending us a request to that effect at the details set out in the article "Who are we?". Deleting the Account ends your access to the customer area and to the update repository of the paid edition. The operating system previously installed on your device continues to work: CYCLOP TECHNOLOGIES does not remotely deactivate your installation, and your local data belongs to you.

At the request of your employer or school, we may unsubscribe you at any time. The consequences for access to the Services are the same as those described in the first paragraph of this article.

Notwithstanding the foregoing, under the Education edition, the school's administration console may, in the event of loss or theft of a loaned device, lock it, erase its data or locate it. This action is triggered by the school on its own equipment, without any intervention by CYCLOP TECHNOLOGIES on Users' equipment.

14. What are the sanctions for breach of your obligations?

The obligations provided for in the article "What are your obligations and what are you responsible for?" are essential obligations.

In the event of a breach of your obligations, we may suspend or remove your access to the Services and/or take any legal action, and/or delete any Content related to the breach.

These sanctions are without prejudice to any damages that we may claim from you.

15. How can we amend our General Terms?

We may amend our General Terms at any time and will inform you by any written means (and in particular by e-mail). If you continue to use our Services after our amended General Terms have come into force, we consider that you have accepted them.

If you do not accept these amendments, you must end the Services as provided in the article "How do you request the end of the Services?".

16. Mediation

The User has the right to use a consumer mediator, free of charge, with a view to the amicable resolution of any dispute concerning the performance hereof between them and CYCLOP TECHNOLOGIES.

For this purpose, they may contact the following consumer mediator:

Centre de médiation de la consommation de conciliateurs de justice (CM2C)

Postal address: 49 rue de Ponthieu, 75008 Paris

Telephone: 01 89 47 00 14

https://www.cm2c.net

If the User is a foreign consumer located in the European Union, they benefit from the protection of the mandatory provisions of their country of residence. In the event of a dispute, the User is invited to contact CYCLOP TECHNOLOGIES first in order to seek an amicable solution.

Failing that, the User may turn to national or European consumer dispute resolution mechanisms. The European Commission provides a page listing the relevant national mechanisms and contact points, available here.

17. Applicable law and jurisdiction

Our General Terms are governed by French law.