These General Conditions of Use (hereinafter the « GCU ») are those of ABRAXIO, a simplified joint stock company with capital of €50,400, whose registered office is located at 90 avenue Félix Faure in Lyon (69003), registered in the Lyon Trade and Companies Register under number 850 078 791 (hereinafter « ABRAXIO »).
Access to and use of the ABRAXIO Platform implies the User’s prior, full and unreserved acceptance of these GCU.
A User is considered to be a person authorized by an Owner to use the Platform.
These GTC do not replace the Saas General Terms and Conditions concluded between ABRAXIO and its customers, nor any general terms and conditions of use concluded with the User for any other service provided by ABRAXIO.
ABRAXIO draws the User’s attention to the fact that the Owner may have specific rules governing the use of the Platform (internal company rules, IT charter, specific conditions of use, etc.).
1. Definitions
« Identifiers« : the confidential identifier and password enabling the User to access and use the Platform.
« Customer Space » refers to the workspace created and managed by your Owner on the Platform for its own purposes.
« Customer Space Data » refers to data exchanged on the Customer Space, whether on a public thread (visible to all Users), on a private discussion between Users, or data relating to the company (its operations, suppliers, projects, employees). Such data may include messages, images, files, etc.
« Information » refers to personal data concerning you, whether such Information identifies you directly or indirectly.
« Platform » refers to our software platform accessible via the https://app.abraxio.com domain name.
« Owner » means the legal entity, independent and distinct from ABRAXIO, to which you belong or are attached (for example your employer) and which has entered into a commercial contract with ABRAXIO to authorize you to use our Platform as a User.
« User » means any natural person invited by an Owner to join and use the Platform.
2. Object
The purpose of these GCU is to define the rights and obligations of the User in the context of access to and use of the Platform.
3. Duration
The GCU come into force upon acceptance of the GCU by the User when he first connects to the Platform.
They shall remain in force for as long as the User remains authorized by the Owner to access the Platform.
4. Platform description
The Platform is a software as a service dedicated to the management and control of an activity or service. Your Owner remains free to decide how to use the service and which Users are authorized to access it.
The User is presumed to be making professional use of the Platform and for the account and missions entrusted to him by the Owner.
5. Identifiers
The Identifiers communicated to the User include an identifier and a password, necessary to access the Platform.
Identifiers are unique, personal and strictly confidential to each User.
The User is solely responsible for the confidentiality of the Identifiers required to access and use the Platform. ABRAXIO declines all responsibility for any illicit or fraudulent use of the Identifiers. The provision of Identifiers is considered confidential, and the User undertakes to take the necessary measures to ensure that they cannot be used by third parties or unauthorized persons. ABRAXIO shall not be liable for any suspected disclosure, whether intentional or unintentional, of the Identifiers provided.
In the event of loss and/or in the event of risk of fraudulent use of his Identifiers, the User may reset his password from the Platform or contact the Owner who may deactivate his Identifiers. As a last resort, the User may contact ABRAXIO in order to have his old Identifiers neutralized as soon as possible and to have a new password assigned to him. ABRAXIO cannot be held responsible for any delay in these operations.
6. Right of access and use
The right to access and use the Platform is conditional upon an Owner having signed a contract with ABRAXIO.
Termination of this contract between the Owner and ABRAXIO, for whatever reason, will result in the termination of the User’s right to access and use the Platform.
7. Behavior
The User is hereby informed that he/she may be subject to compliance with the rules of use established by the Owner of a Customer Space in which he/she is involved, which may in particular govern the behavior he/she must observe.
With regard to ABRAXIO, the User undertakes not, when accessing and using the Platform, to :
- Disrupt or interrupt in any way the service or the servers or networks connected to the Platform;
- Attempt to interfere with the access of any other User, host or network, including, without limitation, exposing the Platform to a virus, creating a bottleneck, flooding the server, or tampering with any TCP/IP packet header information;
- Access data that does not belong to it, or enter a server to which it is not authorized to have access;
- Attempt to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without authorization;
- Use robots, spiders, crawlers, software or any other device or tool to automatically and/or systematically extract data from the Site;
- Data mining on the Platform without prior authorization;
- Transmit or transfer (by any means whatsoever) information derived from the Platform, in particular to other countries or to certain foreign nationals in violation of a national or international law or regulation.
- Use any indexing process without express authorization or specified in the robot.txt file.
In the event of abnormal, suspicious or prohibited use of the Platform, ABRAXIO shall be entitled to suspend all or part of the User’s access to the Platform immediately. ABRAXIO will then inform the Owner having granted access to the User.
8. Hyperlinks
The website hosting the Platform may contain hypertext links to other sites on the Internet. These sites are not edited by ABRAXIO, and ABRAXIO cannot be held responsible for the content of sites accessed in this way.
9. Intellectual property of ABRAXIO
ABRAXIO does not grant any rights to the User other than a simple right to access and use the Platform for the duration indicated in the GCU.
Consequently, no license, transfer or sale of any kind whatsoever is granted to the User in respect of the general structure of the Platform and all the elements comprising it (in particular trademarks, forms, logos, images, photographs, texts) which are and remain the exclusive property of ABRAXIO. Any use or exploitation of the elements of the Internet Platform hosting the Platform made by the User may give rise to the exercise of any appropriate action at the initiative of ABRAXIO.
The provisions of this article do not apply to content and data published on the Customer Area.
10. Customer Area
The Customer Space is created, managed and administered exclusively by the Owner, who initiates it.
Consequently, content and data of any kind (including Customer Space Data, public messages, private messages, files, information, images, photographs, etc.) uploaded, distributed and entered on a Customer Space are deemed to be the exclusive property of the Owner, who is presumed to be free to dispose of them.
ABRAXIO cannot respond to any request from the User concerning the Customer Space, in particular concerning the recovery of content and data originating from the User (by input or download).
11. Moderation
ABRAXIO does not assume any editorial role or any moderation of its Owners’ Customer Spaces.
12. Personal data
ABRAXIO is required to process certain personal data of Platform Users in its capacity as data controller. To find out more, Users are invited to consult the Personal Data Policy applicable to the ABRAXIO Platform, which can be accessed here https://abraxio.com/politique-donnees-personnelles-en.
With regard to the processing of personal data that the Owner of a Customer Space decides to carry out, ABRAXIO acts solely as a subcontractor for its customers (Owners of Customer Spaces). The User is invited to contact directly the Owner of the Customer Space on which he/she contributes to obtain more information on how the Owner of the Customer Space concerned processes his/her personal data.