Terms of use of our sites, products and services

1. SCOPE OF APPLICATION
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1.1 The Contracting Parties undertake to respect the following general conditions of use. Seekoya SAS, also and sometimes called The Seller, publishes the solution called “The Product”, available online under the name “Micro-learning Cards” as well as the 2 mobile applications for Apple and Android terminals, of the same name.
“The Customer” refers to the company (in the absence of the person) using the Cards micro-learning platform created by Seekoya SAS.

1.2 This agreement becomes valid and enforceable between the parties “Seekoya SAS” and “The Customer” after clear and unequivocal consent by any duly authorized person representing the Customer. By creating an account on the Cards micro-learning platform, the Customer accepts these general conditions of use when he checks the box “”I accept the general conditions of use ” or when he subscribes to one of Seekoya SAS's subscription or service offers.

By accepting our General Terms of Use, you agree to our Confidentiality Policy, available at any time online at the following address: https://www.cards-microlearning.com/politique-de-confidentialite - and sent as a copy of our Commitment Cards quotes and invoices.
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‍2. DISTRIBUTION OF SUBSCRIBED PRODUCTS/SERVICES
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2.1 Information concerning Cards micro-learning, the products or services subscribed to is sent by email to the Customer:
• Within fifteen (15) days for products ordered before their actual publication. In this case, Seekoya SAS will endeavor to inform The Customer of an indicative release date and the evolution of the work in progress. An estimate of the time required to develop the products or services ordered will be carried out by Seekoya SAS

2.2 Seekoya SAS must in no way be held responsible for any delay in compliance with article 2.1 above, including in cases where a new event or access to new contradictory information would require additional time to perform a complementary and priority task, in order to enable it to deliver products or services in accordance with the Customer's expectations.

2.3 The delivery of the product or service will only take place after payment validated by the Customer and within the announced deadlines, in accordance with the conditions set out in article 3.

2.4 Delivery is activated and will be made by email once the purchase order/quotation has been signed and when payment has been received. If the format of the electronic delivery of products or services is defective, Seekoya SAS undertakes to correct the product or optimize the service in question, at no cost to The Customer, provided that Seekoya SAS is informed of the defective formatting within 30 days from the date of receipt of the product or service.

2.5 The person who receives the products or services on behalf of the Customer must immediately check the quality of the products and their conformity with the order. Any claim for apparent defects or non-conformity must be sent in writing to the seller within eight days of receiving the products. To this end, the Customer undertakes to produce sufficient evidence of such defects.

2.6 No return of products or services will be accepted without prior information to the seller, even in the event of late delivery. Any return of a product or service to Seekoya SAS without providing advance information to Seekoya SAS as required by article 2.5 remains at the Customer's risk.

‍3. PRICE, BILLING AND PAYMENT
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3.1 The prices indicated in the orders correspond to each product or service sold on a unit basis or correspond to annual or monthly subscriptions. They are expressed to be duty free. Prices may be reassessed from time to time. The effective price is deemed to be that applicable at the time of the order.

3.2 Payments due by the Customer to Seekoya SAS must be received by credit card (via Stripe, the payment solution selected and used on the Cards micro-learning platform) or by bank transfer within a maximum of 30 days after invoicing). Without immediate payment or, failing that, within 30 days following the billing date, access to the Cards micro-learning platform may be stopped by Seekoya SAS. The amount due and the Customer remains liable for the totality of the commitment subscribed.

‍4. PASSIVE
4.1 The Customer or any other natural or legal person acting on his behalf, being a professional user purchasing the products or services for his commercial activities, must be solely responsible for the choice of products, the use and the interpretation he makes of the documents he buys, the results he buys, the results he obtains, the actions he takes.

4.2 Under no circumstances will Seekoya SAS be responsible for:
a) damages of any kind, including direct or indirect damages (including, but not limited to, damages for loss of profits, business interruption, and loss of programs or information) arising out of the use or inability to use the Seller's site or the products or any information provided on the site, or in the products;
b) any claim due to errors, omissions, or other inaccuracies in the product or services or their interpretations.
c) content created by the customer on the Product (the platform) made available.
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4.3 All information integrated by the Customer into the Cards micro-learning platform must have been obtained from sources considered reliable. Seekoya SAS does not guarantee the accuracy, completeness or relevance of the reliability of this information, which cannot be guaranteed to be error-free. In addition, Seekoya SAS formally prohibits the creation or integration of content that is pornographic, violent, pedophilic or that praises violence and hate. If such content were brought to the attention of Seekoya SAS on the Cards micro-learning platform, then the Customer's account will be immediately closed and reported to the competent services and courts.

4.4 All products or services that Seekoya SAS sells, within Cards micro-learning or through other solutions, may from time to time be modified or replaced by similar products that meet the needs of the Customer. This modification does not engage the responsibility of the Customer, provided that Seekoya SAS ensures that the replaced Product or Service is similar to the product originally ordered.
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4.5 In the event that, after inspection, it is recognized that the service, the products or the platform contain defects specific to the order placed, Seekoya SAS undertakes to correct the defective products or services as far as possible and without compensation of any kind. Replacement is guaranteed for a maximum of two months from the date of delivery. Any modification or correction is excluded for any event indicated in article 5 below.

4.6 The deadlines indicated by Seekoya SAS for the provision of the Cards micro-learning platform are indicative only and are not guaranteed. In the case of a white label order for The Customer, Seekoya SAS announces deadlines for personalization and provision to the Customer. If these deadlines are not respected, the order or subscription is still due and cannot be cancelled.

4.7 Seekoya makes no warranties, express or implied, with respect to the Cards micro-learning Product, including, but not limited to, any warranty of merchantability, fitness for a particular purpose, or the absence of errors or interruptions.Although Seekoya uses reasonable security measures in accordance with industry standards, to detect and limit the risks of infection by viruses, worms, Trojan horses, or any other malicious or destructive code, it cannot guarantee that the Product is totally free of such infections. However, in the event of proven detection of malicious code that may affect the security, integrity or availability of the Customer's service or data, Seekoya undertakes to inform the Customer as soon as possible, from the moment of knowledge of the incident, within 48 to 72 hours and to implement all reasonable means to limit the impact and restore the service.

‍5. FORCE MAJEURE
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Seekoya SAS will not be held responsible for any delay directly or indirectly caused by, or resulting from, acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor disputes, labor disputes, labor disputes, labor disputes, equipment failure, equipment failure, equipment failure, delayed deliveries by suppliers or other difficulties that are beyond the control of, and not the fault of the seller.

‍6. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
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6.1 All intellectual property rights attached to Cards micro-learning Products or Services are and remain the property of Seekoya SAS and are protected under French and international copyright law and conventions.
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6.2 All content created and integrated into Cards micro-learning (the Product) is and remains the property of its author or the Customer.
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Under no circumstances does Cards micro-learning own or will own the content created and presented in the Cards micro-learning product.

‍6.3 The Customer has agreed not to disclose, copy, reproduce, reproduce, reproduce, reproduce, distribute, distribute, resell or publish the product, or any part of it, to any third party other than employees of its company. The Customer has the right to use the Products or Services only for its own internal or external information purposes.

6.4 The Customer is solely responsible to Seekoya SAS for all breaches of this obligation, whether they come from its employees or from any other person to whom the Customer has transmitted the products or services. The Customer will personally take care of any related procedure and will assume the financial consequences in full.

6.5 The Customer must define a single contact person within his company for the needs of the contract. This person will also be responsible for respecting the copyright of the content created by The Customer.

‍7. TERMINATION
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7.1 If the Customer cancels the order, in whole or in part, or postpone the date of dispatch, the Customer undertakes to indemnify Seekoya SAS for all costs that were incurred on the date of notification by the Customer of such delay or cancellation. This may also apply to any other loss affecting Seekoya SAS, directly or indirectly resulting from this decision. The commitment granted by the Customer is agreed either monthly or annually.

7.2 In the event of a serious and proven breach of one or more of its obligations by one of the parties, the other party may terminate this contract at the expiration of a period of 45 (FORTY FIVE) days following the sending of a formal notice by registered mail with acknowledgement of receipt or bailiff's report, without effect.

‍8 — PROHIBITED USES
‍The Customer and all of its Authorized Users undertake to use the Cards micro-learning platform in strict compliance with the laws and regulations in force, including European (GDPR) and international standards (in particular in terms of cybersecurity, intellectual property and the fight against discrimination), as well as these General Terms of Use. The following uses are expressly prohibited:

8.1. Illegal uses or uses contrary to professional ethics
- Transmit, broadcast, store or make accessible any content: illicit, abusive, defamatory, violent, obscene, discriminatory or inciting to hate, contrary to fundamental rights or human dignity.
- Harm the image, reputation or rights of a third party (natural or legal person), including internal collaborators or service providers.
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‍8.2. Intellectual Property Rights Violations
- Copy, reproduce, reuse or divert all or part of the platform, its architecture, its databases, or its contents, without written authorization from Seekoya.
- Use or integrate the platform or its contents into competing solutions or for reverse engineering purposes.

‍8.3. Bypassing security mechanisms
- Access or attempt to access data, spaces or functionalities for which the user has not been authorized.
- Deliberately introduce or spread viruses, malicious scripts, Trojan horses, bots, or any other disruptive or spy element.

8.4. Unauthorized commercial or technical uses
- Assigning, renting, lending, transferring or making available, in any form whatsoever, all or part of the access to the platform to unauthorized third parties.
- Exploit the platform or its services to charge a third party service without the prior written consent of Seekoya.

8.5. Misuse of artificial intelligence
- Use the contents of the Cards platform to train, improve or feed artificial intelligence or machine learning models, without formal and written authorization.
- Massively extract content for the purposes of algorithmic, commercial or competitive analysis.

‍8.6. Non-compliance with the GDPR and personal data obligations
- Collect, store or process personal data of users or third parties via the platform without having a legal basis in accordance with the RGPD or applicable local laws.
- Use the platform for the purposes of unauthorized prospecting, illicit profiling or reuse of data without informed consent.

8.7. Disruption of the correct technical functioning
- Attempt to degrade, slow down or deliberately interrupt the proper functioning of the platform.
- Perform load or penetration tests without explicit authorization.

8.8 Penalties : In the event of non-compliance with all or part of the prohibited uses listed above, Seekoya reserves the right to immediately and without notice suspend access to the platform, to terminate all or part of the services, and to take any appropriate legal action. No compensation will be due to the Customer in the event of suspension for legitimate reasons. This provision does not limit Seekoya's ability to seek compensation for damages suffered. Seekoya reserves the right to suspend or terminate, without notice, the access to the platform of any user or customer who does not comply with the provisions of this article, without prejudice to possible civil or criminal proceedings.

‍9. VARIOUS
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Seekoya SAS may update these terms of use. The Customer is deemed to have accepted the latest version of these terms and conditions following prior communication from the seller. Seekoya SAS reserves the right to mention and display the logo and company name entered by The Customer when registering in Cards micro-learning, for communication purposes. At any time, the Customer may request the withdrawal of his mention (logo + company name) by making a written request (email hello [AT] seekoya.com or postal mail addressed to the head office) to Seekoya SAS.

‍10. APPLICABLE LAW AND COMPETENT JURISDICTION
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This contract is governed by French law. The Parties grant exclusive jurisdiction to the Commercial Court of LYON for any dispute, arising or to arise, concerning the formation, execution and/or termination of this contract and its consequences, even in the event of multiple applicants or defendants in the legal proceedings concerned.

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