These TERMS OF USE (also referred to as this « Agreement ») is made between Biron SAS (« Biron », « we », or « us ») and you, or, if you represent an employer or a client, that employer or client (in either case “You”).
Biron provides certain services relating to the collection and analysis of your Business Data (the “Service”) through the websites located at biron-analytics.com and / or birondata.com (the “Websites”).
By signing this Agreement, you agree to its terms.
PLEASE CAREFULLY READ THIS AGREEMENT. BY SUBMITTING AN ORDER OR BY ACCESSING OR USING THE WEBSITES OR SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, BIRON IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE WEBSITES OR SERVICES AND YOU MUST NOT ACCESS OR USE THE WEBSITE OR SERVICE. IF YOU ACCESS OR USE THE WEBSITES OR SERVICE, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT.
Biron reserves the right, at any time, to change, add or update the terms of this Agreement, by noticing a change 30 days before, by email or other notice, and posting the new terms on the web page birondata.com/terms. Any addition, change or update will be effective immediately after posting on birondata.com/terms. The service is not available to individuals under the age of 18 or who do violate any of the qualifications included in this Agreement.
Subject to the terms and conditions of this Agreement, Biron grants you during the Term of this Agreement a non-transferable, non-exclusive license, without the right to sublicense to access and use the Service for User’s internal business purposes.
You shall not: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of any software applications included in the Service; (ii) copy, modify, adapt or translate the Service, or otherwise make any use, resell, distribute or sublicense the Service other than to the extent permitted in this Agreement; (iii) make the Service available on a « service bureau » basis or allow any third parties to use the Service, other than User’s employees and consultants acting on its behalf, without Biron’s prior written consent; (iv) remove or modify any proprietary marking or restrictive legends placed on the Service; or (v) use the Service in violation of any applicable law or regulation.
Biron retains all rights and title, including, but not limited to, any intellectual property rights, trademarks, rights of privacy. The “Biron”, “Biron Analytics”, “biron-analytics.com”, “birondata.com” names, logos, Websites, products or Services are trademarks of Biron SAS. You acknowledge that You are not receiving any ownership and no right or license is granted to You to use them apart from Your right to access the Services and Website under this Agreement.
You acknowledge and agree that (i) Biron’ servers may copy the business data that you store on your servers, and (ii) the business data that you store on a third party service to which you give access to Biron. This data shall be collectively referred to herein as « Business Data. »
You also acknowledge that Biron may collect data regarding your usage of the Service. This data shall be referred to as « Service Usage Data. »
You own the Business Data and all Service Usage Data that is specific to you. You may request an export of all collected and transformed data upon termination of the Service.
Each party shall protect and preserve the Confidential Information (as defined below) of the other party as confidential, using no less care than that with which it protects and preserves its own highly confidential and proprietary information (but in no event less than a reasonable degree of care), and shall not use the Confidential Information for any purpose except as necessary to perform its obligations hereunder or as otherwise permitted hereunder.
The receiving party may disclose, distribute or disseminate the other party’s Confidential Information to any of its officers, directors, members, managers, employees, or agents provided that the receiving party reasonably believes that those individuals have a need to know and such individuals are bound by confidentiality obligations at least as restrictive as those contained herein.
Except as expressly set forth herein, the receiving party shall not disclose, distribute or disseminate the other party’s Confidential Information to any third party without the prior written consent of such other party. For purposes of this Agreement, « Confidential Information » means, in the case of Biron, the Service and all code, components and other information and materials related thereto, and, in the case of User, any Business Data or Service Usage Data that is specific to User.
This confidentiality agreement shall be enforced until three years after the termination of the Service.
Applicable monthly charges applying to the Service are specified on the web page: birondata.com/offre (“The Plans”).
A separate agreement may have been set-up with You regarding the applicable monthly charges. To the extent of any conflict or inconsistency between this agreement and The Plans, the separate agreement shall govern.
Your subscription will be due and payable for any month on the same or closest date, to the date of the month you signed up and made you very first payment.
You grant Biron the right to charge the credit card or debit the bank account provided to Us for all fees incurred under this Agreement, as long as you are a customer or have an outstanding balance with us.
Biron reserves the right to change charges for monthly plans by noticing a change 30 days before, by email or other notice, and posting the new terms on the web page birondata.com/offre. Any addition, change or update will be effective immediately after posting on birondata.com/offre
Biron may terminate the Term of this Agreement at any time, in Biron’s sole discretion: (a) at any time, for any reason during a free subscription; or (b) upon notice to You from Biron following any breach by You to this Agreement. All fees owed by You will become immediately due and payable if we terminate You without cause.
Upon termination or expiration of this Agreement, Biron may prohibit you from accessing your account and content held by Biron on our Website and any other storage.
You are responsible for maintaining the confidentiality of any account name and password provided to you. Each account ID is personal in nature and may be used only by You or designated employees if You are an organization. You will insure the security and confidentiality of your account ID and will notify immediately Biron of any unauthorized use of your account or if any account ID is lost or stolen. You acknowledge that You are fully responsible for all costs, liabilities or damages incurred through use of your account.
You hereby represent, warrant, and covenant for the benefit of Biron that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with any of the Services; and (3) all data, information or content You provide to Biron in connection with this Agreement and Your access to the Site and use of the Services is correct and current.
You acknowledge that the operation of the Service may not be uninterrupted or error-free. The Service is provided « AS IS » and neither Biron nor any of its suppliers makes any representation or warranty in connection with the Service (or the accuracy and/or timeliness of the data contained therein) or otherwise with respect to this Agreement, and Biron and its suppliers hereby disclaim any and all implied or statutory warranties, including all implied warranties of title, merchantability, non-infringement, fitness for a particular purpose, error-free or uninterrupted operation and any warranties arising from a course of dealing or usage of trade. To the extent that Biron or its suppliers may not as a matter of applicable law disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.
French laws will govern this Agreement. Any action or lawsuit related to this agreement must be brought in French court, in the Tribunal de Commerce de Paris.
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