Your use of the Arkeen or HFactory applications (both referred to as the “Application”) from Ubeeko SAS, a limited company registered and incorporated in France under number 537 481 822, and having its registered office at 53, route des Grandes Vallées, 77123 Noisy sur Ecole, is governed by the following Terms of Use (these "Terms").
Please read these Terms carefully before you log in to the Application and start using it, as they contain important information regarding your rights with respect to the Application, including your relationship with us. Any time you use the Application in any way, you agree to be bound by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Your use of the Application is also subject to our Privacy Policy, which is incorporated into these Terms. We reserve the right to modify these Terms at any time, with such changes becoming effective when we post the modified Terms to our website. We also reserve the right to make any changes to the Application in any manner and to deny or terminate your access to the Application, even if you have an account, at our sole discretion.
Each time you use the Application, the then-current version of the Terms will apply. If you use the Application after a modification of these Terms, you agree to be bound by the Terms as modified.
If you are under 13 years old, you may not use the Application. When you use the Application, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Application from your parent or legal guardian.
You represent that any information you submit to us when using the Application is accurate, truthful, and current. You also represent that your use of the Application does not violate any applicable law or regulation.
Using the Application requires you to register for an account ("Account"), thus becoming a "Registered User". You are responsible for the confidentiality and use of your login credentials and agree not to transfer or disclose your login credentials to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You are solely responsible for any activities occurring under your Account. You have no ownership right to your Account.
If you are registering an Account on behalf of an organization under an agreement between us and another organization, that organization may have administrator rights to access your account and any information provided under your Account. If the terms of your Account or subscription grant access to the Services to a certain number of persons (each an "Authorized User"), you represent and warrant that only Authorized Users shall have access to the Services. These Terms will apply to each Authorized User, and a breach of these Terms by an Authorized User will entitle us to terminate your Account with no refund due to you for any prepaid subscription fees.
Subject to your complete and ongoing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Application.
You may not, and shall not permit any other person, to: (a) copy the Application, in whole or in part; (b) modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of the Application; (c) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service; (d) reverse engineer, disassemble, decompile, decode or adapt the Application, or otherwise attempt to derive or gain access to the source code of the Application, in whole or in part; (e) bypass or breach any security device or protection used for or contained in the Application or documentation therefor ("Documentation"); (f) remove, delete, efface, alter, obscure, translate, combine, supplement or otherwise change any trademarks, terms of the Documentation, warranties, disclaimers, or intellectual property rights, proprietary rights or other symbols, notices, marks or serial numbers on or relating to any copy of the Application or Documentation; (g) use the Application in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any person or entity, or that violates any applicable law; (h) use the Application for any purpose that is to our detriment or commercial disadvantage, including, but not limited to, developing a competing software product or service; or (i) use the Application other than for the permitted uses or in any manner or for any purpose or application not expressly permitted by these Terms.
You agree that we have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Application, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the Application), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Application and for other development, diagnostic and corrective purposes in connection with the Application and other offerings of our company, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
We may require certain features within the Application to be paid for on a recurring basis ("Subscription Services") or on an as-used basis ("A La Carte Services" and, together with the Subscription Services, "Paid Services"). We have the right to change, delete, discontinue or impose conditions on Paid Services or any feature or aspect of a Paid Service. Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your Account settings, on the Application, or as otherwise agreed in writing ("Subscription Fee"). A La Carte Services may subject you to fees charged per usage and/or terms. By using an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage ("A La Carte Fees" and, together with Subscription Fees, the "Paid Service Fees").
Paid Service Fees may be paid by credit card, debit card, or other payment forms we may permit. If you link a debit or credit card to your Account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. Regardless of payment device, we reserve the right to collect Paid Service Fees by deduction from your transaction proceeds, the balance in your Account or your linked bank account.
Unless otherwise provided in a Subscription Service's terms, Subscription Fees will be charged monthly of every month until cancelled. You may cancel a Subscription Service at any time from your Account Settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days' advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.
You agree that the Application is available on an "as is" basis, without any warranty, and that you use the Application at your own risk. We disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, errors, or omissions in the Application, (d) warranties relating to the accuracy or correctness of data on the Aplication, and (e) any other warranties otherwise relating to our performance, nonperformance, or other acts or omissions.
We do not warrant that the Application will operate error-free.
Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.We do not warrant that the Application will operate error-free.
Any liability we have to you in connection with these Terms, under any cause of action or theory, is strictly limited to $100 per Registered User, in aggregate for all violations. Without limiting the previous sentence, in no event shall we or any of our affiliates be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with, these Terms. The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our affiliates have been advised of the possibility of such damages.
You agree to indemnify and hold us harmless for any breach of security or any compromise of your Account.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys' fees (collectively, "Claims"), made by any third party due to or arising out of your use of the Site and Services in violation of these Terms, any breach of the representations and warranties you make in these Terms, your User Content, or any corruption of or damage to your Databases resulting from your use of the Services. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.
We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms at our sole discretion. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). We reserve all rights not expressly granted in these Terms and disclaim all implied licenses.
Each of the provisions of these Terms is distinct and severable from the others. If at any time one or more of those provisions is or becomes invalid, unlawful or unenforceable (whether wholly or partly), the validity, lawfulness and enforceability of the remaining provisions (or the same provision to any other extent) will not be affected or impaired in any way.
These General Terms of Use are governed by French law and each party hereby submits to the exclusive jurisdiction of the courts of France.
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