General terms and conditions of sale and use

These terms and conditions apply without prejudice and comply with the RGPD.

1 Purpose

The purpose of these terms and conditions is to define the terms and conditions of use by users (hereinafter: “USERS”) of the web applications hosted (hereinafter: the “SERVICES”) by the company (hereinafter: “ALGOO”) on behalf of the customer (hereinafter: the “CUSTOMER”) through the www.tracim.fr SITE (hereinafter: the “SITE”), and to define the rights and obligations of the parties in this context. They may be supplemented, where applicable, by conditions of use specific to certain SERVICES. In the event of contradiction, the special conditions shall prevail over these general conditions.

2. Operator of the SERVICES

The SERVICES are operated by the company Algoo, SAS with a capital of 3000 euros and registered with the RCS of GRENOBLE under the number 810295683. Its head office is located at 340, rue de l'Eygala, 38430 Moirans.

ALGOO can be contacted at the following address:

  • Postal address: 340, rue de l'Eygala, 38430 Moirans.
  • E-mail address: bonjour@tracim.fr

3. Access to the SITE and SERVICES

The SERVICES are accessible, subject to the restrictions set forth on the SITE:

  • to any natural person with full legal capacity to enter into commitments under these terms and conditions. Individuals who do not have full legal capacity may only access the SITE and SERVICES with the consent of their legal representative,
  • any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.

4. Acceptance of terms and conditions

Acceptance of these terms and conditions is evidenced by payment of the invoice sent prior to provision of the SERVICES. This acceptance must be full and complete. Any conditional acceptance is considered null and void. Any USER who does not agree to be bound by these terms and conditions must not use the SERVICES.

5. Description of SERVICES

The USER has access to the SERVICES described on the SITE, in a form and according to the functionalities and technical means that ALGOO deems most appropriate. The USER chooses the level of service he deems most appropriate to his needs.

6. Price

The price of the SERVICES is indicated on the invoice sent prior to the provision of the service. Unless otherwise specified, they are expressed in euros, exclusive of tax. ALGOO reserves the right to propose promotional offers or price reductions.

7. Price revision

The price of SERVICES may be revised by ALGOO at any time, at its sole discretion.

The USER will be informed of such modifications by ALGOO by email at least three (3) months before the new rates come into effect.

USERS who do not accept the new prices must terminate their use of the SERVICES in accordance with the terms and conditions set out in article 18. Failing this, the USER will be deemed to have accepted the new prices.

8. Billing

Invoices for SERVICES will be sent to the USER by any appropriate means.

9. Terms of payment

The terms of payment of the price of the SERVICES are described on the invoice sent prior to the provision of the service.

Payment shall be made by bank transfer or cheque before the service is made available.

10. Late payments and payment incidents

The USER is hereby informed and expressly accepts that any delay in payment of all or part of a sum due on its due date shall automatically entail, without prejudice to the provisions of article 12 and without prior formal notice :

  1. the acceleration of all sums owed by the USER and their immediate payment,
  2. immediate suspension of current SERVICES until full payment of all sums due by the USER.

11. Data

The USER expressly acknowledges and accepts :

  • that the data collected on the SITE and on ALGOO's computer equipment are proof of the reality of the operations carried out within the framework of the present agreement,
  • that these data constitute the only mode of proof accepted between the parties, notably for the calculation of sums due to ALGOO.

The USER may access his data via the SERVICES provided.

The USER is the owner of the data he uses through the SERVICES. The USER's data is not exploited, resold or shared by ALGOO.

Data is handled automatically by ALGOO:

  • to be made available to the USER as part of the provision of SERVICES,
  • as part of the backup strategy.

Data may be accessed manually by ALGOO on an ad hoc basis:

  • as part of a complaint or claim - see article 15
  • at the explicit request of the USER for technical investigation purposes.

Data is stored on servers governed by French law. See article 19

12. USER'S obligations

Without prejudice to the other obligations set forth herein, the USER agrees to comply with the following obligations:

The USER undertakes, in its use of the SERVICES, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.

In particular, the USER is solely responsible for the proper completion of all administrative, fiscal and/or social formalities, and for all payments of contributions, taxes or duties of any kind that may be required in connection with his or her use of the SERVICES. Under no circumstances may ALGOO be held liable in this respect.

The USER acknowledges having taken cognizance of the characteristics and constraints, notably technical, of all the SERVICES. He alone is responsible for his use of the SERVICES.

The USER is informed and accepts that the implementation of the SERVICES requires that he/she be connected to the Internet and that the quality of the SERVICES depends directly on this connection, for which he/she is solely responsible.

The USER is also solely responsible for the relationships he/she may establish with other USERS and for the information he/she communicates to them in the context of the SERVICES. It is the USER's responsibility to exercise due care and discretion in such relationships and communications.

The USER undertakes to make strictly personal use of the SERVICES. Consequently, the USER agrees not to assign, concede or transfer all or part of his rights or obligations hereunder to a third party in any manner whatsoever.

The USER undertakes to provide ALGOO with all information necessary for the proper performance of the SERVICES. More generally, the USER undertakes to cooperate actively with ALGOO with a view to the proper performance hereof.

The USER is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including any name and/or image chosen by the USER to identify him/her on the SITE) that he/she distributes within the framework of the SERVICES (hereinafter referred to as the “Content”).

The USER warrants to ALGOO that he/she has all the rights and authorizations required to distribute said Content.

He undertakes to ensure that said Content is lawful, does not infringe public order, morality or the rights of third parties, does not violate any legislative or regulatory provision and, more generally, is in no way likely to bring into play the civil or criminal liability of ALGOO.

The USER thus refrains from distributing, in particular, and without this list being exhaustive :

  • Content that is defamatory, abusive, violent, racist, xenophobic or revisionist,
  • infringing Content,
  • Content that may harm the image of a third party,
  • Content that is misleading or deceptive, or that proposes or promotes illicit, fraudulent or deceptive activities,
  • Content harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.),
  • and more generally any Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner or form whatsoever.

13. USER warranties

The USER warrants ALGOO against any and all complaints, claims, actions and/or demands that ALGOO may suffer as a result of the USER's breach of any of its obligations or warranties under these Terms and Conditions.

The USER undertakes to compensate ALGOO for any prejudice it may suffer and to pay all costs, charges and/or judgments it may have to bear as a result.

14. Prohibited behaviour

It is strictly forbidden to use the SERVICES for the following purposes:

  • carrying out illegal or fraudulent activities or activities that infringe on the rights or safety of third parties,
  • undermining public order or violating applicable laws and regulations,
  • intrusion into a third party's computer system or any activity likely to harm, control, interfere with or intercept all or part of a third party's computer system, or violate its integrity or security,
  • the sending of unsolicited e-mails and/or commercial canvassing or solicitation,
  • manipulations intended to improve the referencing of a third-party SITE,
  • aiding or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
  • and more generally any practice that diverts the SERVICES for purposes other than those for which they were designed.

It is strictly forbidden for USERS to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies or any other element of the SITE.

The following are also strictly prohibited (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the SERVICES, (ii) any intrusions or attempted intrusions into ALGOO's systems, (iii) any misappropriation of the SITE's system resources, (iv) any actions likely to impose a disproportionate load on the SITE's infrastructures, (v) any breach of security and authentication measures, (vi) any act likely to prejudice the financial, commercial or moral rights and interests of ALGOO or of users of its SITE, and more generally (vii) any breach of these general terms and conditions.

It is strictly forbidden to monetize, sell or grant access to all or part of the SERVICES or the SITE, as well as to the information hosted and/or shared therein.

15. Penalties for breaches

In the event of a breach by a USER of any of the provisions of these Terms and Conditions or, more generally, of the laws and regulations in force, ALGOO reserves the right to take any appropriate measure, and in particular to:

  1. suspend or terminate access to the SERVICES of the USER who has committed or participated in the breach or infringement,
  2. remove any content posted on the SITE,
  3. publish on the SITE any information message that ALGOO deems useful,
  4. notify any relevant authority,
  5. take any legal action.

16. ALGOO's liability and warranty

ALGOO undertakes to provide the SERVICES diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the USERS expressly acknowledge and accept.

ALGOO has no knowledge of the Content placed online by USERS within the framework of the SERVICES, over which it performs no moderation, selection, verification or control of any kind, and in respect of which it acts solely as a hosting service provider.

Consequently, ALGOO cannot be held responsible for Content whose authors are third parties, and any claim must be directed in the first instance to the author of the Content in question.

Content that is prejudicial to a third party may be notified to ALGOO in accordance with the terms of article 6 I 5 of law no. 2004-575 of June 21, 2004 for confidence in the digital economy, ALGOO reserving the right to take the measures described in article 11.

ALGOO undertakes to carry out regular checks to verify the operation and accessibility of the SITE. In this respect, ALGOO reserves the right to temporarily interrupt access to the SITE for maintenance purposes. Likewise, ALGOO may not be held liable for temporary difficulties or impossibilities in accessing the SITE due to circumstances beyond its control, force majeure, or due to disruptions in telecommunication networks.

ALGOO undertakes to make a daily backup of the data and application(s) providing the SERVICES in accordance with the following procedures:

  • Daily backup of databases,
  • Daily backup of files.

The backup retention policy is to keep backups for a sliding period of 7 days.

In any event, ALGOO's liability hereunder is expressly limited to proven direct damage suffered by the USER.

17. USER support

ALGOO provides assistance in using the SERVICES or hosted applications to USERS who have subscribed to a Support Agreement in addition to the hosting offer. In its absence, the service commitments described in the present document apply.

Only requests related to maintaining the hosting platform in operational condition (excluding hosted applications) are handled. Requests for changes are handled within the framework of a support contract.

18. Intellectual property rights

The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) used by ALGOO within the SITE are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of ALGOO is strictly prohibited and may be subject to legal proceedings.

19 Infrastructure and data hosting

Data is stored on physical servers rented by ALGOO. These servers are physically located on French soil and leased from OVH and ONLINE.

The backup servers are also physical servers leased from these suppliers.

20. Reversibility

In the event of termination of the contractual relationship, for whatever reason, ALGOO undertakes to return to the USER, at his request within 30 days of receipt of this request, all the Data belonging to him in a standard format that can be read without difficulty in an equivalent environment. The reversibility service is invoiced at €300 excluding VAT.

Application databases are supplied in the form of text files containing SQL instructions for restoring data in a PostgreSQL-compatible database.

Customer files associated with the service are delivered in the format in which they were stored or generated by the applications made available by ALGOO as part of the service.

Application source code files made available to the customer and placed under an open source software license are supplied in a compressed file in ZIP format.

Data retrieval at no extra cost: users can also retrieve their data at no extra cost, in one of two ways.

  • he can configure WEBDAV access in his file explorer, enabling him to retrieve the latest version of his data via a simple copy/paste operation,
  • They can also retrieve all data in structured and historical form, using the fully documented REST API provided as part of the service.

21. Duration of SERVICES, deregistration

The SERVICES are subscribed to for a fixed period indicated on the invoices sent to the USER.

The USER may unsubscribe from the SERVICES within a period of (30) days prior to the end of the current period, by sending a request to this effect to ALGOO by email, using the contact details mentioned in article 2.

Unsubscription is effective at the end of the current period. It results in the automatic deletion of the USER's Account.

22. Modifications

ALGOO reserves the right to modify these terms and conditions at any time.

The USER will be informed of such modifications by any useful means.

Any USER who does not accept the modified terms and conditions must unsubscribe from the SERVICES in accordance with the procedures set forth in article 15.

Any USER who uses the SERVICES after the entry into force of the modified general terms and conditions is deemed to have accepted these modifications.

23. Language

In the event of translation of these terms and conditions into one or more languages, the language of interpretation shall be French in the event of contradiction or dispute as to the meaning of a term or provision.

24. Applicable law and jurisdiction

These terms and conditions are governed by French law.

In the event of any dispute concerning the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Grenoble shall have exclusive jurisdiction, except in the event of mandatory procedural rules to the contrary.

25. Entry into force

These terms and conditions came into force on December 10, 2018.