Terms of Use

These Terms and Conditions of Use (hereinafter "Terms and Conditions of Use") apply to the access and use of user accounts that Caal (hereinafter "Caal") provides as defined in Article 2 hereof.

These General Terms of Use define the obligations and responsibilities of each User of an Caal account (hereinafter the "Users") through which Caal provides its services (hereinafter the "Services") to its users. By using a user account for the first time, the User accepts the present General Terms of Use.

Caal reserves the right to modify the present General Terms of Use at any time by informing Users in advance in the event of substantial modification.

The Services enable users to use Caal's technologies for accessing tools to prevent from AI-scraping as well as third party users data theft. In this context, Caal provides user accounts (hereinafter "User Accounts") for its users (hereinafter "Users").

In addition, prior to entering into an account, potential users may benefit from a demonstration account (hereinafter a "Demo Account") for a limited period of time.

The User acknowledges that the Services may be modified at any time at Caal's sole discretion.

In order to access and use the User Account, Users must be legally capable of agreeing to abide by these Terms of Use.

Users will be authorized by a Caal user to access and use a User Account.

User Accounts are accessible via the Internet.

Users:

• must have a broadband Internet connection and use the Services on Google Chrome (version 64.0.3282 and later versions) and with one of the following operating systems: Microsoft Windows (Windows 8 and later versions), Mac OS (10.10 and later versions), and Linux, which are technical prerequisites;
• must update their browsers and operating systems in order to make full use of the Services.

For the use of User Accounts, Caal recommends configurations or other technical prerequisites. Users are solely responsible for complying with these recommendations.

Furthermore, in order to ensure that his User Account is accessible, the User must provide a valid email address and contact an Administrator in writing in the event of a change or error in his email address.

All necessary costs for equipment and Internet connection are the sole responsibility of the user and/or User.

To ensure the security of his User Account, the User must:

• use, from the first connection to his account, the confirmation e-mail which will be sent to the address provided (in accordance with Caal's confidentiality policy) and which must remain strictly confidential;
• never share their login e-mail with anyone else for any reason whatsoever, nor make their User Account available to any third party;

The User is responsible for any loss of password.

The User acknowledges that Caal cannot be held responsible in the event of fraudulent access to the User's Account due to a defect or security breach resulting from negligence, error or omission on the part of Users or the user.

Caal undertakes to carry out its obligations with all possible care as is customary in its profession according to an obligation of means.

Caal grants Users a non-exclusive, non-transferable license to use their User Accounts in accordance with these Terms of Use.

In this context, Caal will do its best to make the User Account accessible over the Internet via a secure SSL connection (https) and a dedicated url with permanent access 24/7.

However, the User's access to his account may be suspended in the event of:

• Service maintenance (as indicated in the service contract),
• suspension of the User's Account (see below),
• unavailability due to circumstances beyond Caal's control, including mainly cases of force majeure or failures or delays of Internet access providers or due to the user's computer equipment.

In particular, Caal cannot be held responsible for:

• the consequences of inaccurate and/or incomplete content being made available when the User Account is set up and/or used,
• in the event of difficulties or impossibilities in accessing the User Account due to the User's computer system or telecommunications equipment,
• accidental destruction of data relating to the User by the User, the user or a third party having accessed the Services without Caal having played any role whatsoever.

The User hereby declares that he:

• has the power and capacity to enter into this contract;
• holds all rights and authorizations necessary to use the contents of his/her User Account;
• has backed up the data on one or more reliable media prior to any use before activating the User Account, and undertakes to make any periodic back-ups of his or her data when using his or her User Account.

Caal is and remains the sole owner of all intellectual property rights relating to the Services accessible via User Accounts and declares that it has obtained all intellectual property rights necessary to operate them.

Consequently, all elements constituting the Services, in their structure, appearance or content (mainly databases, texts, graphic texts, animated or non-animated images, sounds, designs, graphics, logos, names, trademarks, descriptions, tabs, functionalities, signs, etc.) belong to Caal or are subject to an assignment of intellectual property rights to Caal or the granting of a license to Caal.

The User undertakes to use the Services only in the context of his activity.

In this respect, the User acknowledges that he/she is not authorized to:

• modify, create derivative works from, disassemble, decompile, reverse engineer, reproduce, republish, download or copy all or part of the Services and associated documentation;
• access or use the Services to construct or provide, directly or indirectly, a competing service;
• license, sell, transfer, assign, distribute, outsource, permit the use of, or make available, the Services, for any amount to any third party, except as expressly authorized under an agreement with Caal.

The content of the User's Account belongs to the User.

The User remains the owner of the intellectual property rights to the content he/she provides when using his/her User Account. Content generated by the User belongs to the User. Legal responsibility for the use, commercial or otherwise, of content imported and/or generated by the User rests entirely with the User.

The parties acknowledge that:

• the user acts as data controller and has the right to process the User's data on the basis of the User's consent or any other legal basis as provided in the European Personal Data Regulation 2016/679 of 27 April 2016 (RGPD);
• Caal, in the context of these General Terms of Use and in order to perform its obligations under the Subscription Contract, acts as a subcontractor.

Consequently, Caal has the right to access and process User data in accordance with the Personal Data Agreement signed with the user as part of the Subscription Contract.

Caal undertakes to process the User's personal data solely within the framework of the Subscription Contract.

Caal reserves the right to suspend or delete the User's Account without prior formal notification and without the possibility for the User to claim compensation in the event of the User's failure to meet his obligations or in any other case in application of the Subscription Contract.

In the event of suspension, if the User or user remedies the reason for suspension, the User Account will be made accessible again within a reasonable time, it being understood that suspension of the User Account does not imply waiver of Caal's right to suspend or delete User Accounts.

The parties shall not be liable for any loss, damage, delay, non-performance or partial performance resulting directly or indirectly from an event of force majeure, in accordance with the case law of the French Supreme Court (hereinafter a "force majeure").

Each party shall immediately inform the other, in writing, of the occurrence of a case of force majeure.

The obligations of the party affected by the Force Majeure event, and in particular the time required to perform its obligations, will be suspended without any liability of any kind being incurred. The parties will endeavor, insofar as possible, to reduce the effects of Force Majeure.

For any questions relating to these Terms of Use or to obtain a PDF version, the User may write to the following address: thibault@caal.ai

User Accounts may contain links to Websites and/or Resources provided by third parties which are provided for the User's information only.

Caal has no control over the content of these sites and therefore excludes all liability in this respect.

Under no circumstances may the General Terms of Use be considered as constituting a partnership between the parties or any other situation leading to mutual or joint representation between them with regard to third parties.

In addition, the present Terms of Use do not create any relationship of subordination between the Parties, who retain their full autonomy in relation to each other.

These General Terms and Conditions of Use are governed by French law.

Any dispute relating to the validity, interpretation or execution of the present Terms of Use shall be submitted to the exclusive jurisdiction of the courts of Paris.