Terms of Use for our sites, products and services

1. SCOPE
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1.1 The contracting Parties agree to comply with the following terms of use. Seekoya SAS, sometimes also referred to as the Seller, publishes the solution called "the Product," accessible online under the name "Cards micro-learning," as well as the 2 mobile applications for Apple and Android devices bearing the same name.
"the Customer" means the company (or, failing that, the individual) 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" once clear and unambiguous consent has been given by any duly authorized person representing the Customer. By creating an account on the Cards micro-learning platform, the Customer accepts these terms of use when checking the box "I accept the terms of use" or when subscribing to one of Seekoya SAS's subscription or service offers.

By accepting our Terms of Use, you accept our Privacy Policy, available at any time online at: https://www.cards-microlearning.com/politique-de-confidentialite, and sent as a copy attached to our Cards quotes and invoices.
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‍2. DELIVERY OF SUBSCRIBED PRODUCTS / SERVICES
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2.1 Information regarding Cards micro-learning, subscribed products or services is sent by email to the Customer:
• Within fifteen (15) days for products ordered before their effective release. In this case, Seekoya SAS will make reasonable efforts to inform the Customer of an indicative release date and the progress of ongoing work. Seekoya SAS will provide an estimate of the time needed to develop the ordered products or services.

2.2 Seekoya SAS shall in no event be held liable for any delay in complying with article 2.1 above, including in cases where a new event or access to new contradictory information requires additional time to carry out a supplementary and priority task, in order to deliver products or services that meet the Customer's expectations.

2.3 Delivery of the product or service will only take place once payment has been validated by the Customer and within the announced timeframe, in accordance with the terms set out in article 3.

2.4 Delivery is triggered and will be made by email once the purchase order/quote has been signed and 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 of the date the product or service was received.

2.5 The person receiving products or services on the Customer's behalf 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 agrees to provide sufficient evidence of such defects.

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

‍3. PRICING, INVOICING AND PAYMENT
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3.1 The prices shown in orders correspond to each product or service sold on a unit basis, or correspond to annual or monthly subscriptions. They are expressed exclusive of tax. Prices may be revised from time to time. The effective price is deemed to be the one applicable at the time of the order.

3.2 Payments owed by the Customer to Seekoya SAS must be made by credit card (via Stripe, the payment solution 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 of the invoice date, access to the Cards micro-learning platform may be suspended by Seekoya SAS. The amount due remains payable, and the Customer remains liable for the entirety of the subscribed commitment.

‍4. LIABILITY
4.1 The Customer, or any other individual or legal entity acting on its behalf, being a professional user purchasing the products or services for its business activities, shall be solely responsible for the choice of products, the use and interpretation it makes of the documents it purchases, the results it obtains, and the actions it takes.

4.2 Under no circumstances shall Seekoya SAS be liable 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 from the use or inability to use the Seller's site or products, or any information provided on the site or in the products;
b) any claim attributable to errors, omissions or other inaccuracies in the product or services or their interpretation.
c) content created by the Customer on the Product (the platform) made available to them.
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4.3 All information entered by the Customer into the Cards micro-learning platform must have been obtained from sources deemed 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. Furthermore, Seekoya SAS strictly prohibits the creation or inclusion of content that is pornographic, violent, involves child exploitation, or promotes violence and hatred. If Seekoya SAS becomes aware of such content on the Cards micro-learning platform, the Customer's account will be immediately closed and reported to the relevant authorities and jurisdictions.

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

4.6 The timeframes indicated by Seekoya SAS for making the Cards micro-learning platform available are given for information purposes only and are not guaranteed. In the case of a white-label order for the Customer, Seekoya SAS provides an indicative timeframe for customization and delivery to the Customer. If these timeframes are not met, the order or subscription remains due and cannot be cancelled.

4.7 Seekoya gives no warranty, express or implied, regarding the Cards micro-learning Product, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or absence of errors or interruptions. Although Seekoya implements reasonable security measures, in line with industry standards, to detect and limit the risk of infection by viruses, worms, Trojan horses or any other malicious or destructive code, it cannot guarantee that the Product is entirely free of such infections. However, in the event of confirmed detection of malicious code that could affect the security, integrity or availability of the service or the Customer's data, Seekoya undertakes to inform the Customer as soon as possible, within 48 to 72 hours of becoming aware of the incident, and to implement all reasonable means to limit its impact and restore the service.

‍5. FORCE MAJEURE
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Seekoya SAS shall not be held liable 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, equipment failure, deliveries delayed by suppliers, or other difficulties beyond its control and not attributable to the Seller's fault.

‍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 included within Cards micro-learning (the Product) is and remains the property of its author or of the Customer.
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Cards micro-learning is under no circumstances the owner, nor will it become the owner, of content created and presented within the Cards micro-learning product.

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

6.4 The Customer is solely liable to Seekoya SAS for any breach of this obligation, whether by its employees or by any other person to whom the Customer has passed on the products or services. The Customer will personally handle any related proceedings and bear the financial consequences thereof in full.

6.5 The Customer must designate a single point of contact within its company for the purposes of the contract. This person will also be responsible for ensuring compliance with copyright for 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 postpones the shipping date, it undertakes to indemnify Seekoya SAS for all costs incurred as of the date the Customer notifies such delay or cancellation. This may also apply to any other loss affecting Seekoya SAS, directly or indirectly resulting from this decision. The commitment agreed to by the Customer is either monthly or annual.

7.2 In the event of a serious and proven breach of one or more of its obligations by either party, the other party may terminate this contract upon expiry of a 45 (forty-five) day period following the sending of formal notice by registered letter with acknowledgment of receipt or by bailiff's writ, 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 applicable laws and regulations, including European standards (GDPR), international standards (particularly regarding cybersecurity, intellectual property and anti-discrimination), and these Terms of Use. The following uses are expressly prohibited:

8.1. Unlawful uses or uses contrary to professional ethics
- Transmitting, distributing, storing or making accessible any content that is: unlawful, abusive, defamatory, violent, obscene, discriminatory or that incites hatred, or contrary to fundamental rights or human dignity.
- Harming the image, reputation or rights of a third party (individual or legal entity), including internal staff or service providers.
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‍8.2. Intellectual property rights infringement
- Copying, reproducing, reusing or misappropriating all or part of the platform, its architecture, its databases, or its content, without Seekoya's written authorization.
- Using or integrating the platform or its content into competing solutions or for reverse engineering purposes.

‍8.3. Circumventing security mechanisms
- Accessing or attempting to access data, spaces or features for which the user has not been authorized.
- Deliberately introducing or spreading viruses, malicious scripts, Trojan horses, bots, or any other disruptive or spying 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.
- Using the platform or its services to bill a third-party service without Seekoya's prior written agreement.

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

‍8.6. Non-compliance with GDPR and personal data obligations
- Collecting, storing or processing personal data of users or third parties via the platform without a legal basis compliant with GDPR or applicable local laws.
- Using the platform for unauthorized prospecting, unlawful profiling, or reusing data without informed consent.

8.7. Disruption of proper technical operation
- Attempting to degrade, slow down or deliberately interrupt the proper functioning of the platform.
- Conducting load or intrusion tests without explicit authorization.

8.8 Sanctions: In the event of failure to comply with all or part of the prohibited uses listed above, Seekoya reserves the right to immediately suspend, without notice, access to the platform, to terminate all or part of the services, and to take any appropriate legal action. No compensation will be owed to the Customer in the event of suspension for a legitimate reason. 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 of any user or customer who fails to comply with the provisions of this article, without prejudice to any civil or criminal proceedings.

‍9. MISCELLANEOUS
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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 provided by the Customer upon registration in Cards micro-learning, for communication purposes. At any time, the Customer may request the removal of this mention (logo + company name) by making a written request (email to hello [AT] seekoya.com or postal mail addressed to the registered office) to Seekoya SAS.

‍10. APPLICABLE LAW AND JURISDICTION
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This contract is governed by French law. The Parties grant exclusive jurisdiction to the Lyon Commercial Court for any dispute, existing or future, concerning the formation, performance and/or termination of this contract and its consequences, even in the event of multiple plaintiffs or defendants in the relevant legal proceedings.

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