These general conditions are intended to define the conditions under which INVENT APP, a limited liability company with social capital of €15,000, registered with the RCS of AUXERRE under number 837 910 272 and whose registered office is located at 30 route de Chichery 89380 APPOIGNY (hereinafter “INVENT APP”), provides to professionals (hereinafter “CLIENT”), an IT solution (hereinafter “PLATFORM”) allowing the digitalization of the creation, management, and monitoring of one or more one-off events (hereinafter “EVENT”) and other related services.

These general conditions are also intended to define the provisions applicable to any use of the services provided by INVENT APP (hereinafter the “SERVICES”), including the rights and obligations of the PARTIES in this context.

INVENT APP and the CLIENT are hereinafter referred to together or individually as a “PARTY”.

By using INVENT APP’s services, the CLIENT:

    agrees to comply with these general conditions, which they acknowledge having read, understood, and accepted in their entirety;
    waives the right to rely on their own general conditions.

Preliminary Article – Definitions – Rules of Interpretation

0.1. Definitions

The capitalized terms and expressions used in this AGREEMENT have the following meaning:

APPLICATION: refers to a mobile or web application allowing AUTHORIZED USERS participating in an EVENT to benefit from an interactive platform on their DEVICE.

BUG: refers to any anomaly or IT malfunction of the APPLICATION not caused by the CLIENT or any THIRD PARTY.

CLIENT: refers to any professional (within the meaning of the Consumer Code) who enters into an AGREEMENT with INVENT APP in order to benefit from INVENT APP’s SERVICES with a view to organizing an EVENT and within the framework of their professional activity.

CNIL: refers to the French National Commission on Informatics and Liberties.

SPECIAL CONDITIONS: has the meaning attributed to it in Article 1.

AGREEMENT: has the meaning attributed to it in Article 1.

PERSONAL DATA: refers to any information relating to an identified or identifiable natural person, directly or indirectly.

PERSONAL SPACE / PLATFORM: refers to the interface to which the CLIENT has access in the back office in order to manage the organization of an EVENT on the APPLICATION.

EVENT: refers to any type of one-off professional event organized, in which invited persons participate. This may include, in particular, a seminar, conference, convention, congress, trade fair, symposium, meeting, etc.

FORM: has the meaning attributed to it in Article 4.2.1.

DAYS: refers to weekdays other than a Saturday, a Sunday, or a public holiday in FRANCE within the meaning of the provisions of Article L3133-1 of the Labor Code.

PARTIES: refers to the CLIENT and INVENT APP.

CONTROLLER or DATA CONTROLLER: refers to the natural or legal person, public authority, service, or other body which determines the purposes and means of the PROCESSING.

WEBSITES: currently refers to:

    the showcase website: www.invent-app.com
    the PLATFORM usage website: https://inventapp-back.web.app/

PROCESSOR: refers to the natural or legal person, public authority, service or other body which processes PERSONAL DATA on behalf of the CONTROLLER.

DEVICE: refers to the mobile phone and/or digital tablet and/or computer used by the AUTHORIZED USER to connect to the APPLICATION.

THIRD PARTY: refers to any natural or legal person or any other entity that is not a PARTY to the AGREEMENT.

PROCESSING: refers to any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means (collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment/combination, restriction, erasure/destruction).

AUTHORIZED USER: refers to any natural person who, having full legal capacity, has downloaded the APPLICATION and accepted the general conditions of use and the privacy policy.

0.2. Rules of Interpretation

The GENERAL CONDITIONS are subject to and interpreted in accordance with French law.

In the event that any of the provisions of the GENERAL CONDITIONS are declared null or without effect, such provision shall be interpreted in a manner that best reflects the intentions of the PARTIES, and the remaining provisions shall be considered fully applicable.

The non-application or the absence of a claim for the application by INVENT APP of any of the provisions of the GENERAL CONDITIONS or of any right shall in no case be interpreted as a waiver by INVENT APP of such provision or such right.

Furthermore, the rules set out below apply to the interpretation of this AGREEMENT:

    the headings of articles and annexes are included for convenience and in no way affect the interpretation of any of the stipulations of this AGREEMENT;
    the use of the expressions “including,” “in particular,” or “notably” implies that the list that follows is not limiting or exhaustive;
    the term “or” is not exclusive;
    the definition attributed to a singular term also applies to this term when used in the plural and vice versa. The same applies to the use of the masculine or feminine gender;
    the calculation of periods expressed in days, months, or years must be made in accordance with the provisions of Articles 640 to 642 of the Code of Civil Procedure;
    any reference to a document is understood as that document as it may be modified or replaced (otherwise than in violation of the stipulations of this AGREEMENT).

Article 1 – Contractual Documents

The contractual documents are:

    the quote established by INVENT APP specifying the special conditions (hereinafter the “SPECIAL CONDITIONS”); and

QUESTION WIOLETA

    these GENERAL CONDITIONS accessible at any time on the INVENT APP WEBSITE and transmitted as an annex to the quotes established by INVENT APP.

All of the aforementioned documents form the contract uniting the PARTIES (hereinafter the “AGREEMENT”).

In case of contradiction between one or more stipulations appearing in one of the aforementioned documents, the SPECIAL CONDITIONS shall prevail.

The CLIENT’s acceptance of the GENERAL or SPECIAL CONDITIONS cannot be made with any reservations. Any agreement accompanied by reservation(s) shall be null and void and shall have no legal effect.

Article 2 – CLIENT’s Declaration

The CLIENT declares:

    acting as a professional within the meaning of French consumer law and using INVENT APP’s services solely within the framework of their professional activity;
    having full knowledge of these conditions and annexes;
    having full capacity, power, and authority to conclude and execute these conditions;
    that the conclusion of these conditions does not contravene any legislative, regulatory, statutory, or contractual stipulation applicable to them.
    having received from INVENT APP, before subscribing to the AGREEMENT, all necessary information and advice regarding the suitability of the subscribed SERVICE to their needs in order to make an informed decision;
    having suitable IT equipment and sufficient internet connection to ensure the quality of the SERVICES offered by INVENT APP, which directly depend on this connection for which the CLIENT is solely responsible.

    to ensure, during the EVENT, the existence of an internet connection capable of supporting a sufficient number of simultaneous connections with regard to the number of AUTHORIZED USERS;

    that the purpose of the envisioned EVENT will not be likely to harm public order or good morals, provoke third-party protests, or contravene applicable legal and regulatory provisions.

    that they have the property and exploitation rights relating to the works used within the framework of the EVENT.

Article 3 – Order

The CLIENT chooses the SERVICE of their choice from those offered and indicates to INVENT APP the number of EVENTS they wish to organize via the INVENT APP PLATFORM.

Once this information is provided to INVENT APP, the latter will send the CLIENT a quote that will mention the SERVICES chosen by the CLIENT and the number of EVENTS the CLIENT wishes to organize via the PLATFORM.

If accepted, the CLIENT must return the signed quote to INVENT APP before its expiration.

The AGREEMENT will be complete when INVENT APP acknowledges receipt of the quote and payment to the CLIENT.

Article 4 – Financial Conditions

4.1. Payment Methods

The SERVICES ordered by the CLIENT are provided by INVENT APP at the prices indicated in the SPECIAL CONDITIONS. Review my question about the special conditions

INVENT APP’s prices are indicated in euros and excluding taxes, to which the legal taxes in force on the day of invoicing will be applied, particularly VAT.

The CLIENT who accepts a quote is required to pay the price indicated inclusive of all taxes under the following conditions:

    50% of the total amount when ordering;
    the balance upon receipt of the invoice which is issued at the end of the EVENT.

The CLIENT makes payment by any payment method deemed appropriate by INVENT APP.

The CLIENT’s payment will be considered final only after effective collection by INVENT APP.

4.2. Payment Incident

Without prejudice to possible damages, the CLIENT’s failure to pay an amount when due automatically results, without notice:

    the immediate enforceability of the entire amount due to INVENT APP by the CLIENT under the AGREEMENT concerned by the payment incident;
    the immediate application of a late interest equal to 4 times the legal interest rate based on the amount excluding tax of all sums due by the CLIENT;
    the immediate enforceability of a lump-sum indemnity of 40 euros for collection costs in accordance with Article D. 441-5 of the Commercial Code. When the collection costs incurred are greater than the amount of this lump-sum indemnity, INVENT APP reserves the right to claim additional compensation upon presentation of proof.

In case of non-compliance with the payment conditions listed above, INVENT APP also reserves the right to suspend and/or cancel, partially or totally, the provision of SERVICES and to decrease and/or cancel any agreed discounts.

Article 5 – Description of the SERVICES offered by INVENT APP

The solution offered by INVENT APP allows the CLIENT to organize an EVENT on a DIGITAL PLATFORM.

INVENT APP’s SERVICES are offered in the form of several formulas or “packs”.

Each of these formulas includes different services, including:

    providing the CLIENT with a PERSONAL SPACE allowing them to configure their APPLICATION themselves by logging in to the INVENT APP WEBSITE with the login and password provided by INVENT APP;

    configuring the APPLICATION on behalf of the CLIENT (hereinafter “FULL ASSISTANCE”), the CLIENT providing INVENT APP with the necessary information for the proper execution of this mission (see Article 7);

    content hosting, the CLIENT having an option regarding the desired storage capacity;

    training related to the configuration of the APPLICATION via the PERSONAL SPACE;

    promotion of the EVENT on behalf of the CLIENT;

    advice and assistance related to the promotion of the EVENT;

    on-site technical support during the EVENT;

    creation of an analysis report (including statistical data) on the data collected during the EVENT (see Article 8);

In their PERSONAL SPACE, the CLIENT has several basic modules and can also select optional modules, which are detailed on a price list that will be communicated to them by INVENT APP before sending the quote.

INVENT APP reserves the right to modify/add/delete its SERVICES and/or modules, it being specified that these modifications/additions/deletions shall not entitle the CLIENT to any refund, even partial, of any sum paid, and the CLIENT shall be informed.

Any new SERVICE and/or module shall automatically be subject to these GENERAL CONDITIONS.

Article 6. Provision of the APPLICATION – Access to the PERSONAL SPACE

Once the quote is accepted, INVENT APP:

1/ will create either a container APPLICATION with the CLIENT’s colors and logo, or an APPLICATION available in the INVENT APP container;

2/ will communicate to the CLIENT, by email, a username, a password, and a link so that they can configure their APPLICATION independently via their PERSONAL SPACE.

The CLIENT will create and manage their EVENT from the PLATFORM.

The CLIENT will benefit from the PLATFORM features described in the quote.

The CLIENT is required to keep the login details and password provided by INVENT APP confidential.

The CLIENT may create “employee accounts” to authorize individuals to configure the APPLICATION on their behalf.

The CLIENT undertakes to keep and ensure the confidentiality of the login details and passwords for the “employee accounts” and those allowing the CLIENT to access their PERSONAL SPACE.

In case of leakage, theft, hacking, or fraudulent use of the login details and passwords for the “employee accounts” or those allowing the CLIENT to access their PERSONAL SPACE, INVENT APP shall not be held liable.

In case of loss of their login details and/or passwords, the CLIENT must request new ones from INVENT APP at the following address: su*****@in********.com

Article 7 – Configuration of the APPLICATION – Limitation of Liability Clause

INVENT APP makes the APPLICATION available to the CLIENT, the configuration of which is accessible via the internet network 24 hours a day, 7 days a week, with the exception of maintenance periods.

The CLIENT undertakes not to expose the APPLICATION to any risk of hacking and attempted violation of the vulnerability of the APPLICATION and its security system.

Consequently, the CLIENT must implement adequate measures to prevent the aforementioned risks or any other risk likely to affect the APPLICATION and its host.

The CLIENT is informed of possible service interruptions at any time for maintenance or functional modifications of the SERVICES.

If applicable, INVENT APP will endeavor to minimize the interruption periods and will inform the CLIENT in advance, but INVENT APP shall not be held responsible for any possible impact on the availability, on the effective operation of the SERVICES, or on the CLIENT’s activities.

Similarly, INVENT APP shall not be held responsible for the CLIENT’s inability to access their PERSONAL SPACE or the AUTHORIZED USERS’ inability to access the APPLICATION which may be caused by internet connection problems or any other cause beyond INVENT APP’s control.

INVENT APP’s liability is excluded in case of the CLIENT’s inability to correctly configure the APPLICATION.

In case of slowdowns exceeding 6 consecutive hours and occurring during the EVENT; these two conditions being cumulative, the CLIENT shall be fully reimbursed for the sums they have paid under the AGREEMENT relating to the EVENT that experienced the malfunctions of this paragraph.

Finally, no request for compensation of any kind may be sought from INVENT APP by the CLIENT.

Article 8 – The “FULL ASSISTANCE” SERVICE

Within the framework of FULL ASSISTANCE, the CLIENT subcontracts the configuration of the APPLICATION to INVENT APP.

Within the framework of this SERVICE, the CLIENT must comply with the following obligations.

8.1 Transmission of the FORM to INVENT APP

The CLIENT is required to complete the information requested in the TERMS OF COLLABORATION provided for this purpose (hereinafter the document entitled “TERMS OF COLLABORATION”).

The requested information allows for the recovery of the elements necessary for a smooth collaboration between the two PARTIES and for the implementation of the PLATFORM.

The CLIENT guarantees that all this information is accurate, updated, and sincere.

This information must be of sufficient quality and comply with the technical specifications required by INVENT APP in order to allow the latter to carry out the FULL ASSISTANCE in accordance with best practices.

The CLIENT may be assisted by INVENT APP in the communication of information. It is nevertheless specified that the CLIENT shall, in any event, remain solely responsible for the choice of the content of the modalities and information that they have communicated, given their capacity as CONTROLLER.

8.2 Validation of the TERMS OF COLLABORATION by INVENT APP

The TERMS OF COLLABORATION must be completed by the CLIENT within a maximum of 5 calendar days before the start of the event. After this period, the price agreed by the PARTIES in the SPECIAL CONDITIONS will be increased by 5% of its total amount excluding tax per month of delay elapsed.

The CLIENT may not demand a modification of the TERMS OF COLLABORATION once they have been validated by INVENT APP.

INVENT APP reserves the right to charge for any request for modification of the TERMS OF COLLABORATION by the CLIENT.

Once the TERMS OF COLLABORATION have been validated by INVENT APP, and subject to the CLIENT’s compliance with their financial obligations, INVENT APP will proceed with the configuration of the APPLICATION.

With a view to this configuration, the CLIENT may request a maximum of 3 appointments with INVENT APP at the latter’s premises. Any additional appointment will be charged 300 euros excluding tax by INVENT APP.

8.3 CLIENT’s Obligations

The CLIENT undertakes, throughout the duration of the AGREEMENT, to provide INVENT APP, upon simple request from the latter, with all the data and information necessary for the proper execution of the services.

The CLIENT must send their modification requests to INVENT APP, which will make its best efforts to modify the said information within 48 hours of receipt of its request at the email address indicated in the SPECIAL CONDITIONS.

The CLIENT undertakes to inform INVENT APP, without delay, of any major event or information that may affect INVENT APP’s services.

Consequently, the CLIENT undertakes, in particular, to notify INVENT APP without delay of any change affecting its legal form, its company name, its registered office, its contact and billing addresses, its VAT number, as well as its bank details.

INVENT APP shall in no case be responsible for the consequences of the CLIENT’s failure to notify this information.

8.4 Delivery of the APPLICATION

The APPLICATION is delivered within the time limits and on the dates indicated in the SPECIAL CONDITIONS.

The time limits and dates indicated in the SPECIAL CONDITIONS are indicative and do not bind INVENT APP.

INVENT APP’s liability shall in no case be engaged in case of delay or suspension of the provision of services, whether these are attributable in whole or in part to the CLIENT, to a case of force majeure, or to any other cause.

Once the APPLICATION project is completed by INVENT APP, the latter informs the CLIENT, who then has a period of 7 calendar days to comment on the conformity or non-conformity of the APPLICATION with respect to the specifications of the FORM. In the absence of written reservations addressed by the CLIENT to INVENT APP within this period, the CLIENT shall be deemed to have accepted the APPLICATION without reservation.

According to the stipulations of the SPECIAL CONDITIONS, the APPLICATION will possibly be published on the following stores: AppStore, Google Play and accessible to all users of these stores. The publication time in the said stores is an indicative period, generally 48 hours, but which can, in exceptional cases, extend up to 4 weeks.

The CLIENT is informed that INVENT APP in no way guarantees the acceptance and publication of the APPLICATION on the said stores.

The CLIENT must in any event provide all the elements requested by the said stores with a view to the publication of the APPLICATION.

In any event, the CLIENT, as the party responsible for the operation of the APPLICATION, must publish the legal notices informing the AUTHORIZED USERS, in particular, of their status as operator and CONTROLLER.

8.5. Support during the EVENT

Still within the framework of FULL ASSISTANCE, in accordance with the stipulations of the SPECIAL CONDITIONS, INVENT APP provides the CLIENT with a Project Manager on the day or days of the EVENT, at the EVENT location, in order to support the CLIENT in the use of the APPLICATION.

This support includes only:

    the real-time, to the extent possible, execution of the final modifications of the information published on the APPLICATION;

    assistance to participants in the EVENT in case of difficulty in accessing or using the APPLICATION;

    real-time management of the interactive modules of the APPLICATION, including the real-time display of quiz results;

The Project Manager cannot be solicited by the CLIENT for any task unrelated to those mentioned above.

Furthermore, the CLIENT must grant the Project Manager all breaks necessary for a reasonable execution of the support. The Project Manager cannot be forced to work more than 6 consecutive hours without a break of at least 20 minutes.

The CLIENT undertakes, throughout the duration of the EVENT, to:

    ensure the conformity of the said premises with the purpose of the EVENT and the public concerned (level of equipment, security, etc.);

    provide the Project Manager with all necessary technical support for their assistance, including wireless internet connection, a table, and a chair so that they can work in good conditions;

    cover the Project Manager’s food and travel costs according to the mileage allowance published by the tax administration, in addition to accommodation costs when the EVENT extends over several days, it being specified that this accommodation must be in the same place as the EVENT when it is a hotel or, in other cases, in the immediate vicinity of the EVENT location.

Article 9. Preparation and provision of an analysis report

In the event that the SPECIAL CONDITIONS provide for the preparation of an analysis report, this report will be submitted by INVENT APP within 7 DAYS from the last day of the EVENT.

The choice of data analyzed and the analysis methods are freely determined by INVENT APP.

The CLIENT may not request from INVENT APP a modification of this report and/or a supplementary report.

Article 10 – Promotion of the APPLICATION and the EVENT

INVENT APP is under no obligation regarding the commercial success of the tools made available; its responsibility cannot be engaged in case of marketing and commercial failure of the APPLICATION or the EVENT.

Article 11 – Duration of the CONTRACT – Termination

11.1 Validity Period of the CONTRACT

The CONTRACT is concluded for a fixed term, starting from the date of the conclusion of the contract and ending 15 days after the end date of the event.

The PLATFORM will only be made available to the CLIENT for the duration indicated above and will solely relate to the EVENT(s).

11.2 Termination

11.2.1. Termination by INVENT APP

INVENT APP may terminate the CONTRACT as of right, without prior notice or warning, in the event of the CLIENT’s breach of any of these conditions and/or obligations, particularly financial ones.

The termination of the CONTRACT will be carried out without prejudice to potential damages, where applicable, in favor of INVENT APP.

INVENT APP’s responsibility cannot be engaged by the CLIENT due to the termination of the CONTRACT carried out by INVENT APP.

11.2.2. Termination by the CLIENT

If the EVENT is cancelled by the CLIENT for a reason beyond their control and not postponed within a period of 6 months, the CLIENT may terminate the CONTRACT subject to:

sending a registered letter with acknowledgment of receipt to the registered office of INVENT APP;
and paying INVENT APP, within 30 calendar days, an early termination compensation equal to 60% of the total remuneration provided in the SPECIAL CONDITIONS; payments already made by the CLIENT under the terminated CONTRACT will be deducted from the said compensation.

The CLIENT must provide in the letter explanations and supporting documents for the cancellation of the EVENT. Failing this, the CLIENT will be liable for the full price provided in the SPECIAL CONDITIONS.

11.3. Consequences of termination or end of the CONTRACT – Right to data recovery

Once the CONTRACT is terminated or ceased for any reason whatsoever, depending on the CLIENT’s choice, INVENT APP will delete all personal data or transfer it to the CLIENT, and destroy existing copies where applicable, unless Union law or Member State law requires the storage of personal data.

At the end of INVENT APP’s services, the CLIENT has 30 calendar days to request the communication of all data contained in the APPLICATION.

Failing to make a choice within the 30-day period, all data contained in the APPLICATION will be destroyed by INVENT APP.

If the CLIENT requests the communication of the said data within the 30-day period, INVENT APP will return it within 7 DAYS from the receipt of the CLIENT’s request, in a readable format, all data imported by the CLIENT onto the APPLICATION or collected by them through this intermediary.

INVENT APP will use its best efforts to ensure that the CLIENT can change solution/provider without data loss.

Failing the CLIENT’s instructions within the aforementioned 30-day period, no data recovery request can be granted, and INVENT APP’s responsibility cannot be sought for this reason.

Article 12 – Support

12.1. Telephone Support

The CLIENT benefits from free telephone technical support, every day from 9:30 am to 6:30 pm by dialing the following number: + 33 1 75 85 83 99 (Paris UTC+1).

12.2. BUG Correction – Obligation of means

As part of the telephone support, INVENT APP will endeavor to resolve the BUGS that the CLIENT may encounter.

If, following telephone support, the CLIENT continues to face the same BUGS, the latter must inform INVENT APP by email with acknowledgment of receipt to the following address: su*****@in********.com, and should endeavor to provide as much useful information as possible.

Once the aforementioned email is received, INVENT APP will diagnose the BUGS reported by the CLIENT and undertakes to do everything possible to provide corrections or workaround solutions either through telephone or written instructions (email or fax), or through remote maintenance, which it will send to the CLIENT according to the procedure it deems most appropriate.

Any malfunction of the APPLICATION that is directly or indirectly due to an error in the use of the APPLICATION by the CLIENT or any THIRD PARTY is expressly excluded from the support service.

Article 13 – CLIENT’s General Conditions

The CLIENT is free to propose their own terms of use for the APPLICATION to AUTHORIZED USERS.

The PLATFORM has a feature so that the CLIENT can publish their own general terms of use, which will be visible to AUTHORIZED USERS before using the APPLICATION.

INVENT APP offers the CLIENT a standard template for the general terms of use of the APPLICATION.

This standard template is provided for informational purposes only.

Under no circumstances can INVENT APP’s responsibility be engaged due to this standard template.

Article 14 – Personal Data Protection

As part of the performance of its services, INVENT APP will be required to process PERSONAL DATA on behalf of the CLIENT.

INVENT APP makes the protection of PERSONAL DATA a priority.

This is why INVENT APP and the CLIENT undertake to collect and process only the PERSONAL DATA strictly necessary for achieving the legitimate purposes pursued by the CLIENT, which will be defined hereafter.

Thus, only adequate, relevant, and necessary information for the purposes of the PROCESSING will be SUBJECT TO PROCESSING.

14.1 Quality of the PARTIES

INVENT APP will process PERSONAL DATA on behalf of the CLIENT as a SUBPROCESSOR of the CLIENT, who will be the CONTROLLER.

Thus, the CLIENT remains solely responsible for the PROCESSING of PERSONAL DATA that they process in the exercise of their professional activity and that they may be led to provide to INVENT APP.

14.2 Categories of data subjects

The data only concerns AUTHORIZED USERS and the speakers who will be invited to speak during the EVENT.

14.3 Types of personal data

The personal data processed by INVENT APP is that which:

the CLIENT voluntarily provides via the form (in case of FULL ASSISTANCE) or that they import themselves into the APPLICATION (via their PERSONAL SPACE);
AUTHORIZED USERS provide when they complete their profile or answer non-anonymized questionnaires, for example.

The personal data processed by INVENT APP concerns AUTHORIZED USERS and speakers.

The personal data processed by INVENT APP may include the following information:

civil status (surname, first name, date and place of birth);
age, gender;
profession(s) and place(s) of professional practice;
postal, electronic, professional addresses and telephone details;
photograph(s), biography, social media accounts;
connection data.

Under no circumstances will INVENT APP’s SERVICES be used to collect so-called sensitive data such as political opinions, trade union membership, religious beliefs, sexual orientation, or medical data.

The CLIENT must, as CONTROLLER, obtain consent and provide all information to the persons concerned by the PROCESSING operations at the time of data collection.

It is reiterated that the CLIENT is solely responsible for the origin and content of the PERSONAL DATA that they collect directly or via the use of the APPLICATION and which are processed during the performance of the CONTRACT. The CLIENT retains responsibility for their database.

14.4: Purposes of the PROCESSING pursued by the CLIENT

The CLIENT has defined under their responsibility the purposes of PROCESSING entrusted to INVENT APP.

The sole purposes of the SERVICES provided by INVENT APP are:

the provision of online SERVICES;
the management of the commercial relationship;
the maintenance of the PLATFORM;
the training of the CLIENT in setting up and/or using the APPLICATION;

14.5 – Obligations of the PARTIES

14.5.1 – Obligations of the CLIENT

The CLIENT undertakes to comply with the GDPR as CONTROLLER and, more generally, with all applicable European and national laws and regulations concerning the protection of personal data.

To this end, the CLIENT undertakes, in particular, to obtain, where required by law or regulation, the prior consent of any natural person before collecting their personal data.

The CLIENT must also provide legal and regulatory information to natural persons concerned by the PROCESSING of their data, including their right to access and rectify their data.

14.5.2 – Obligations of INVENT APP

INVENT APP is always subject to an obligation of means, unless expressly stated otherwise for a specific obligation, and without this mention being able to extend to other even related obligations.

In terms of data protection, INVENT APP undertakes to:

– comply with applicable laws and regulations concerning the protection of PERSONAL DATA (including the GDPR);

– process personal data only on documented instructions from the CLIENT, CONTROLLER, including with regard to transfers of personal data to a third country or an international organization, unless INVENT APP is required to do so under Union law or the law of the Member State to which the SUBPROCESSOR is subject; in which case, INVENT APP will inform the CLIENT of this legal obligation before PROCESSING, unless the relevant law prohibits such information for important reasons of public interest;

– ensure that persons authorized to process personal data undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality;

– implement appropriate measures to ensure a level of security appropriate to the risk induced by data PROCESSING, for example, to prevent their destruction, loss, alteration, modification, or unauthorized access by third parties;

– guarantee that any natural person acting under its authority who has access to personal data will not process it, except on instruction from the CONTROLLER, unless required to do so by Union law or the law of a Member State;

– make available to the CONTROLLER all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and to allow for the carrying out of audits, including inspections, by the CONTROLLER or another auditor mandated by them, and contribute to these audits;

– immediately inform the CONTROLLER if, in its opinion, an instruction constitutes a violation of the GDPR or other provisions of Union law or Member State law relating to data protection;

– comply with the conditions referred to in paragraphs 2 and 4 of Article 28 of the GDPR for engaging another SUBPROCESSOR.

14.5.3 – SUBCONTRACTING

The CLIENT authorizes INVENT APP to use any SUBPROCESSOR of its choice for the performance of these presence.

For the moment, INVENT APP uses the following SUBPROCESSORS:

SUBCONTRACTED SERVICES

SUBPROCESSOR

PROCESSING LOCATION

WEBSITE AND DOMAIN Hosting

OVH

FRANCE

WEBSITE Audience Analysis

GOOGLE ANALYTICS

EUROPE

Database Hosting

FIREBASE

EUROPE

Event application creation software

B3APP

FRANCE

6-digit code mailing software

MAILGUN

EUROPE

Push Notification Tool

ONE SIGNAL

EUROPE

INVENT APP will inform the CLIENT of any planned changes concerning the addition or replacement of SUBPROCESSORS, thereby giving the CLIENT the possibility of raising objections to these changes.

This information will include the subcontracted PROCESSING activities, the identity and contact details, and the dates of the subcontracting contract.

The CLIENT will have a period of 7 calendar days from the date of receipt of this information to submit their objections. This subcontracting can only be carried out if the CLIENT has not raised objections within the aforementioned period.

INVENT APP undertakes to ensure that the said SUBPROCESSOR(s) are subject, in accordance with the CLIENT’s instructions, to the same data protection obligations to which INVENT APP is subject under these presence.

14.5.4 – Cooperation

INVENT APP undertakes to cooperate with the CLIENT and assist them, by appropriate technical and organizational measures, as far as possible, with fulfilling their obligation to respond to requests by data subjects for exercising their rights laid down in Chapter III of the GDPR;

It is reminded to the CLIENT that it is their responsibility, as CONTROLLER, to respond to natural persons exercising their rights relating to their personal data.

This is why, when data subjects exercise their right with INVENT APP, the latter will forward these requests immediately upon receipt to the CLIENT, by email to the CLIENT’s correspondence address.

Similarly, INVENT APP will notify the CLIENT, via their contact email address, of any personal data breach within 48 hours of becoming aware of it.

14.6 – Retention of PERSONAL DATA

The collected data is retained for the entire duration of the CONTRACT and at the latest for a period of 30 calendar days from the end of the CONTRACT for any reason whatsoever.

After this period, unless otherwise indicated by the CLIENT received within the said period, INVENT APP will delete all data contained in the APPLICATION, unless Union law or national law requires the retention of the said data.

If the CLIENT wishes to recover the data contained in the APPLICATION during the 30 calendar day period after the expiry of the CONTRACT, this data will be returned to them under the conditions referred to in Article 11.2.3 of these presence.

The CLIENT’s choice must be brought to the attention of INVENT APP no later than 30 calendar days from the end of the CONTRACT.

Failing such a choice within the aforementioned time limit, all the aforementioned data will be destroyed without prior notice.

It is reiterated that during the entire duration of the CONTRACT, the CLIENT can freely and independently export the data contained in the APPLICATION onto their own equipment.

14.7 – Warranty Clause

The CLIENT expressly guarantees INVENT APP against all sanctions or convictions that INVENT APP may incur due to the CLIENT’s violation of personal data protection obligations.

Consequently, the CLIENT undertakes to guarantee and indemnify INVENT APP against any sanction, conviction, or damage it may incur, including legal expenses (costs, travel expenses, etc.) and legal fees that INVENT APP may be required to incur.

Similarly, the CLIENT undertakes to bear all sums that INVENT APP may be required to pay within the framework of a settlement agreement.

Where appropriate, INVENT APP will inform the CLIENT within a reasonable time, by email, of any complaint, claim, formal notice, summons, or subpoena it may receive.

14.8 – Security & Hosting

INVENT APP provides sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the PROCESSING meets the requirements of the GDPR and guarantees the protection of the rights of data subjects.

Any modification of the hosting location of the SERVICES and PERSONAL DATA (currently hosted in France) will be subject to the CLIENT’s prior written agreement.

Article 15 – Intellectual Property

The CONTRACT does not confer any ownership right over the WEBSITE, the APPLICATION, and the software used by INVENT APP, as well as their accessories, which, as intellectual works, remain the full property of INVENT APP (for the WEBSITE) and B3APP (for the software and its accessories).

Consequently, the CLIENT is absolutely prohibited from copying or reproducing them, even partially, in any form whatsoever and by any means whatsoever, from transcribing them, translating them, or even adapting them, modifying them, or decompiling them, this list not being exhaustive.

Content other than that provided by the CLIENT, such as, in particular, the organization of the WEBSITE, the graphic charter, or the INVENT APP logo, also remain the property of INVENT APP.

The photos appearing on the WEBSITE are not contractual.

This CONTRACT is not exclusive. It does not prevent INVENT APP from concluding any similar agreement hereto, including with any direct or indirect competitor of the CLIENT, and having as its object the provision of an APPLICATION presenting a design and/or architecture similar to the container APPLICATION made available to the CLIENT.

The CLIENT further undertakes to use the APPLICATION only in accordance with their needs and for the EVENT only.

The CLIENT is also prohibited from reproducing, even partially, any element provided by INVENT APP, including documentation and user guides, by any means, in any form, and on any medium whatsoever.

Any reproduction, even partial, on any medium whatsoever, is formally prohibited unless prior written agreement has been obtained from INVENT APP.

The CLIENT may not assign all or part of the rights and obligations resulting from this CONTRACT without INVENT APP’s prior written agreement.

The CLIENT authorizes INVENT APP to cite and reproduce its trade name, brand, logo, and even its comments as commercial references, particularly in the context of advertising, on its WEBSITE, or in its commercial or advertising documents, in any form whatsoever, for a period of 5 years from the signing of these presence.

Article 16 – Hosting and Related Responsibility

INVENT APP does not control the use of the APPLICATION by the CLIENT and the various data and information entered by the latter, the AUTHORIZED USERS, or any THIRD PARTY.

The CLIENT must respect and ensure that AUTHORIZED USERS respect the standards in force, particularly the provisions relating to freedoms, data processing, and intellectual property.

The CLIENT remains solely responsible for the content broadcast and published on the APPLICATION.

INVENT APP’s responsibility cannot be engaged for the content provided, broadcast, and published via the APPLICATION by the CLIENT, an AUTHORIZED USER, or any THIRD PARTY.

INVENT APP’s responsibility cannot also be engaged in case of misappropriation, hacking, or alteration of data transmitted or provided by the CLIENT and contained in the APPLICATION.

The CLIENT is prohibited from broadcasting and publishing any content for which they do not hold all the necessary rights and authorizations for this purpose.

The CLIENT is prohibited from using, publishing, and broadcasting illicit content (humiliating, defamatory, insulting, pornographic, glorifying terrorism, inciting hatred or violence against a person or group of people, particularly because of their (non-)membership in a race, religion, nation…) or harming the rights of a THIRD PARTY.

It is prohibited to publish any hyperlink directing to prohibited content.

INVENT APP will not be responsible for hyperlinks referring to illicit content.

The CLIENT imposes the aforementioned obligations and prohibitions on AUTHORIZED USERS.

The CLIENT is responsible for any violation (by them or the AUTHORIZED USERS) of the aforementioned obligations and guarantees INVENT APP against any harmful consequences resulting therefrom.

As soon as INVENT APP becomes aware of a violation of the aforementioned clauses, the illicit content will be removed and the author who broadcast the illicit content may have their account suspended without prior notice.

In the event that INVENT APP is incriminated, in any capacity whatsoever, in any country whatsoever, by any person or organization on the basis, in particular, of an industrial and/or intellectual property right relating to an element provided or contributed by the CLIENT, the latter undertakes to fully indemnify INVENT APP against the direct and/or indirect economic and financial consequences (including legal and defense costs or a settlement indemnity) that would result from these claims.

Article 17 – Use of the APPLICATION & Related Responsibility

INVENT APP’s role is limited to making the APPLICATION available to the CLIENT.

The CLIENT is solely responsible for the consequences of the use of the APPLICATION by them and any THIRD PARTY.

The CLIENT is required to ensure that their use of the APPLICATION complies with legal and regulatory provisions. INVENT APP gives no guarantee to the CLIENT as to the compliance of their current or planned use of the APPLICATION with national or international legal and regulatory provisions.

The CLIENT must take all necessary precautions to ensure respect for the privacy of AUTHORIZED USERS and speakers, as well as their right to their image, and will ensure respect for the rights of THIRD PARTIES before and during the use of the APPLICATION.

The CLIENT guarantees and will indemnify INVENT APP against all harmful consequences resulting from the use of the APPLICATION.

Article 18 – Limitation of Liability

The organization of the EVENT is under the exclusive responsibility of the CLIENT.

The CLIENT guarantees that they will comply with the normative provisions applicable to the EVENT, particularly the rules applicable to meetings.

INVENT APP’s responsibility is excluded in this regard.

The CLIENT guarantees INVENT APP against any amount that it may be required to bear in this regard.

Under no circumstances can INVENT APP be responsible for any direct, indirect, or even unpredictable losses or damages to the CLIENT or THIRD PARTIES, which includes, in particular, any loss of profit, inaccuracy or corruption of files or data, commercial damage, loss of turnover or profit, loss of customers, or loss of opportunity related in any capacity and on any basis whatsoever to this CONTRACT, which includes, in particular, a loss of internet connection, an insufficient connection, or computer hacking.

INVENT APP cannot be held responsible for the delay or non-performance of this CONTRACT due to a case of force majeure.

INVENT APP’s responsibility cannot be engaged due to the behavior of any user of the APPLICATION.

In any case, if INVENT APP’s responsibility is engaged, its liability will be limited to the pre-tax amount actually paid by the CLIENT under this CONTRACT.

Article 19 – Communication

The CLIENT authorizes INVENT APP to communicate, for the entire duration of the CONTRACT and for a period of 10 years from its termination for any reason whatsoever, on any medium and by any means, the existence of the CLIENT’s referencing under this CONTRACT with INVENT APP.

To this end, INVENT APP may use the CLIENT’s name, logo on its website or on any other communication medium.

Article 20 – Confidentiality

The PARTIES mutually and by common agreement agree that the financial terms of the CONTRACT and its consequences are strictly confidential, for the entire duration of the CONTRACT and for a period of 2 years from its termination for any reason whatsoever, and consequently prohibit each other from disclosing them to THIRD PARTIES, without the prior written and express agreement of the other PARTY, who shall remain perfectly free to accept or refuse such disclosure, unless there is a legal obligation to disclose or a request from an administrative or judicial authority.

Article 21 – Exclusion of the Doctrine of Unforeseeability

The PARTIES expressly and in advance waive the right to invoke the regime of unforeseeability contained in the provisions of Article 1195 of the Civil Code.

Article 22 – Applicable Law – Convention on Evidence

This CONTRACT is governed by French law.

Computer systems and files are binding evidence in the relationship between the PARTIES.

Thus, INVENT APP may validly produce in any proceedings, for evidence purposes, data, files, programs, recordings, or other elements, received, issued, or retained by means of the computer systems operated by the latter, on any digital or analog media, and rely on them unless there is manifest error.

Article 23 – Severability – Independence of the PARTIES

If any provision of the CONTRACT is found to be void or unenforceable, for any reason whatsoever, by a competent court, the validity of the other provisions of the CONTRACT will in no way be affected or compromised, and the PARTIES will negotiate in good faith to replace the disputed provision with a provision having the same economic effects as the initial provision.

The PARTIES expressly declare that they are and will remain, throughout the duration of the CONTRACT, independent commercial and professional partners.

The PARTIES expressly declare that they do not intend hereby to create in their relationship a company with legal personalidad, nor a joint venture, nor a de facto company.

Article 24 – Disputes

Arbitration Clause

All disputes that may arise from this CONTRACT, particularly concerning its validity, interpretation, performance, or termination, will be submitted to arbitration prior to any judicial recourse.

Each of the PARTIES will appoint an arbitrator; if one of the PARTIES fails to make this appointment within 8 days after a formal notice by registered letter with acknowledgment of receipt, this arbitrator will be appointed by order of the President of the Commercial Court of AUXERRE ruling in summary proceedings.

If one or both of the arbitrators thus appointed refuse the mission entrusted to them or are unable to perform it, a replacement will be proceeded with by order of the President of the Commercial Court of AUXERRE ruling in summary proceedings.

Within 8 days from the appointment of the first two arbitrators, a third arbitrator will be appointed by mutual agreement between the PARTIES by the first arbitrators.

If the first arbitrators fail to agree on the appointment of a third arbitrator, the latter will be appointed by order of the President of the Commercial Court of AUXERRE ruling in summary proceedings.

The arbitrators’ fees will be borne by the PARTIES and may not exceed, in any case, €2000 excluding tax.

Any dispute arising from the interpretation, validity, performance, non-performance, or consequences of the CONTRACT will be submitted to the Commercial Court of AUXERRE, which is hereby granted jurisdiction.

Article 25. Modification of the GENERAL CONDITIONS

INVENT APP reserves the right to unilaterally modify, at any time and without notice, these GENERAL CONDITIONS.

The applicable GENERAL CONDITIONS are those in force on the day the SPECIAL CONDITIONS are subscribed to.