The present TOU defines the terms and conditions under which Holaspirit offers the Service Holaspirit. The Service is a community service that allows a User or an Organization with an account on the Platform (hereafter referred to as “the User” or “the Organization”) to access various communication services from a single interface that is only accessible to users of the Service.
The Service is intended for any individual or organization (business, association, or group of people with one or more common interests, hereafter referred to as an “Organization”) looking to have a single platform from which to organize all of their communications.
The Service may be accessed for free during a trial period agreed upon by Holaspirit and the User or Organization; however, long-term access to the Service and to some or all of its features is possible only upon payment to Holaspirit in accordance with terms defined separately from the TOU.
Access to and use of the Service are subject to the TOU, which the Organization and the User expressly agree to at all times and without conditions. Holaspirit reserves the right to change, interrupt, or stop the Service at any time.
Holaspirit reserves the right to change the TOU at any time, having notified the Organization and User of any changes thereto. Any new use of the Service by the Organization or a single User after a change to the TOU will be considered ipso facto as definitive acceptance of the modified TOU.
Holaspirit reserves the right to suspend or terminate an Organization or User’s use of the Service at any time in the event of violation of the TOU.
ARTICLE 1: ACCESS TO THE SERVICE
1.1 Technical requirements
In order to be able to use the Service, the User must have free use of a personal computer, tablet, or wireless mobile device configured and set up for the purposes of accessing the Service, and must also have sufficient technical knowledge to enjoy normal use of the Service. Installation of certain software may be necessary in order to visit the Platform. In the event that the User’s personal computer is not compatible with the technology employed by the Platform, it is probable that the User will not be able to use certain services or access certain information on the Platform. Generally, the User must have all necessary equipment to connect to the Internet, in particular a compatible computer or wireless mobile device, a modem, and any other tools required.
1.2 Technical requirements
In order to access the Service and use the different features offered as part of the Service (in particular to access contributions posted by other Users), the User must verify their identity using a username and password. It is recommended that Users keep their login information strictly confidential, because they are responsible for any prohibited activity carried out from their account.
1.3 Use of features included in the Service
When the User wishes to use the features the Service offers, as part of his or her use of the Service, he or she must verify his or her identity by using his or her User Account.
Each User is linked to a profile. The User may change and customize his or her profile that appears on the Service.
Each published contribution in any possible format or interaction with other Users of the Service will be considered semi-public when the User can be identified by other Users from the same Organization at any time. Use of the Service in no way guarantees anonymity for a User of the Service at any time and the User expresses full understanding and agrees to this without conditions.
Holaspirit will not, under any circumstances, be held liable for any damaging consequences related to published Content or use of the Service.
The User is notified that he or she is solely responsible for keeping his or her username and password confidential. The User agrees to notify Holaspirit immediately of any unauthorized use of his or her username and password and/or any violation of the security of his or her login information. Holaspirit can under no circumstances be held liable in the event of loss or damages occurring due to a breach of the conditions described above.
ARTICLE 2: USER COMMITMENTS
2.1 General obligations
The User is solely responsible for Content he or she publishes as part of his or her use of the Service, as well as in any other space that allows Users to express his or herself on the Platform.
As such, posted Content must not be contrary to legal and/or regulatory provisions in effect, nor to the provisions of the TOU. Moreover, Content must not infringe on the rights of third parties or be likely to be harmful to the Service’s and/or Holaspirit's image.
Additionally, any attempt to reverse-engineer, copy the Platform code in whole or in part, extract the database or user database, or introduce a virus or malware is strictly forbidden and will be subject to appropriate measures before the competent courts.
2.2 Access to and use of APIs
The application programming interface (API) of Holaspirit made available by Holaspirit may be used for free as long as this usage is not harmful to the normal operation of the Service. In any event, Holaspirit reserves the right to withdraw access to its API at any time when non-conventional usage is observed by its teams.
ARTICLE 3: HOLASPIRIT'S LIABILITY
Holaspirit offers Holaspirit which is an online communication hosting service
Holaspirit refuses all liability:
- for Content posted by the Organization and/or by Users as part of the Service and any fraudulent use of the aforementioned Content that could occur
- for any harm that a User may experience as a result of use of his or her password by another person, whether the User had knowledge of this use or not, as well as for unauthorized access to the User’s account by a third party
The User agrees to notify the Organization or Holaspirit of any unauthorized use of his or her User Account that he or she may discover, or any other breach of the security of his or her User Account. Holaspirit will not be held liable for consequences of a third party accessing a User’s User Account on the Service.
Holaspirit is responsible for establishing the resources necessary for the Service to operate properly and for taking the measures required to maintain the continuity and quality of the Service.
ARTICLE 4: DELIVERY OF SERVICE-CHANGES, SUSPENSIONS, AND DISCONTINUANCES
Holaspirit reserves the right to change, interrupt, or discontinue the Service at any time, and will not be held liable for doing so.
Holaspirit reserves the right to improve the Service, in particular by making new features available or by changing or removing certain features. The User will be informed of any changes to the TOU before they come into effect.
In any event, the Organization or User who does not agree in whole or in part to the TOU must immediately cease all use of the Service.
ARTICLE 5: ACCOUNT TERMINATION AND SERVICE DISCONTINUATION
5.1 Termination by Holaspirit
Any termination at Holaspirit’s initiative will be notified by an addressed electronic mail on the User’s electronic messaging system. Holaspirit may in particular suspend and then delete any Organization or User account that has remained inactive for a period of twelve (12) months.
5.2 Termination by the User
The User may also terminate his or her User Account at any time by logging in to the account and visiting the relevant section. When the User or the Organization deletes his or her account or specific data on the account, the deletion is effective immediately on the Service’s interface, but for back-up and legal reasons, the Content will be kept by Holaspirit for a duration of twelve (12) months following the request for deletion.
ARTICLE 6: PERSONAL INFORMATION
The User is solely responsible for personal information communicated through the Service and declares that the information provided is complete and accurate. The information gathered as part of the Service is processed and used by Holaspirit to provide the Service and send the User informational electronic mail. In accordance with European directives on the protection of personal information, the User may, at any time, access his or her personal information held by Holaspirit, request its modification or removal, directly on the Platform in the section intended for this purpose. The subscriber Organization agrees not to process the personal information of Users of the Service in any way that is not compliant with the applicable legislation and agrees to make any declaration that may be necessary to the appropriate competent authorities.
To learn more about our privacy you can consult our privacy or send your request at [email protected]
ARTICLE 7: TRADEMARK AND COPYRIGHT
Holaspirit is the sole owner of the names, acronyms, logos, colors, graphics, or other distinctive signs, databases, and copyrights used to operate the Service.
The User is not authorized to publish, distribute, extract, reuse, or reproduce the above elements in any form whatsoever and on any media whatsoever (including to photocopy or store it on any type of electronic device).
ARTICLE 8: APPLICABLE LAW
8.1 General provisions
If one or several provisions of the TOU are null or declared null under the applicable law, regulation, or following a final decision of a competent court, the other provisions will remain in full force and effective. The provisions declared null and void will be replaced by provisions as close as possible in content to the original provisions. The parties will not be held liable or considered to have breached the TOU when the delay or non-compliance was cause by a case of force majeure as defined by the case law of the French courts of law. The TOU represents the entirety of the agreement between the parties and replaces all previous agreements or statements, oral or written, on the same subject.
Any complaint or dispute relating to the Service must be sent in writing to the following address: Holaspirit – 72 Rue du Faubourg Saint-Honoré, 75008 Paris - FRANCE or [email protected]spirit.com
The TOU are governed by French law, regardless of the country in which the head office of an Organization subscribing to the Service is located or the country from which a User uses the Service.
In the event of dispute on the interpretation, execution, or validity of the TOU and the Service, the court having jurisdiction will automatically and without possible exception be a court in the jurisdiction of Paris.