Terms of Use

Please read carefully the Terms of Use including Legal Notice and Privacy Policy of the website www.addupsolutions.com, before continuing browsing.

The website www.addupsolutions.com is the exclusive property of AddUp, SAS (a French Société par actions simplifiée) with a capital of € 2,771,440, registered in RCS Clermont-Ferrand under number 819 409 939 R.C.S., and having its registered address at 5 rue Bleue – Zone Industrielle de Ladoux 63 118 Cébazat, France, hereinafter referred to as “AddUp”.

The web hosting company of www.addupsolutions.com is Fives, 27-29 rue de Provence 75009 Paris, France.

The following terms shall be construed in the Legal Notice and Privacy Policy according to the following definitions:

• “Website” means the website www.addupsolutions.com, including all content such as text, graphics, photos, sounds, data, images, software, etc. owned by AddUp, or licensed to AddUp; and
• “Website Material” means software, services, features, news, and more generally all elements and data included on the Website; and
• “User” means any person accessing the Website and browsing the public sections of the Website.

LEGAL NOTICE

The Website is provided by AddUp, for information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. By accessing and downloading any Website Material, you agree to be bound by this Legal Notice as if you had signed it. In case of disagreement with this Legal Notice, please do not access or use this Website.

You hereby acknowledge and agree with the following:

• AddUp, is the owner of the website accessible at the following address www.addupsolutions.com
• This Legal Notice constitutes the agreement between AddUp and each User accessing or using the Website.

1. Time

This Legal Notice and future amendments shall remain valid as long as they are available on the Website.

2. Services on Website

The Website is available 24 hours a day, 7 days a week.

AddUp wishes to maintain constant improvement of the services available on the Website. Accordingly, AddUp can make any necessary changes in the services available on the Website. Using services offered on the Website will be deemed as an acceptance by the User of the modified services available on the Website.

AddUp reserves the right to occasionally interrupt any services on the Website without justification, or suspend access to the Website for whatever reason, at any time and without prior notice.

The User hereby accepts to waive any recourse against AddUp for any consequences as a result of interruption or suspension of the Website regardless of its duration.

3. Property / Right of use

AddUp is the owner or has been granted any necessary rights with respect to any Website Material.

AddUp shall grant the User a worldwide, non-exclusive, non-transferable, and limited right to use the Website. The User may access, copy, download and print the Website Material for its use, provided that the User does not modify or delete any copyright, trademark or other proprietary notice that appear on such Website Material. Any other use of content on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from any Website Material, information, software, products or services obtained from the Website, or use of the Website for purposes, is expressly prohibited.

No license and no right other than to consult the Website is granted to the User. In particular, the User is not entitled to modify, in any manner whatsoever, translate or incorporate all or part of the Website. In addition, distinctive signs, including but not limited to company names, logos, products and brands mentioned on the Website or contained in the Website Material are the property of AddUp. They cannot be used without the prior written agreement of AddUp. The User continues to hold the rights related to the elements that he may transmit to AddUp through the Website.

The User who provides information to AddUp hereby grants AddUp an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such information throughout the world in any media. Such information will be considered non-confidential. Consequently, the user grants AddUp for the duration of this Legal Notice, and in accordance with the same, worldwide, non-exclusive, non-transferable, rights to reproduce and present on digital media the elements of the site as well as all distinctive signs such as trademarks and logos.

4. Material provided by the User

The User guarantees to AddUp that:

• information, data and other elements supplied on the Website are accurate, current, complete, and decent;
• it is authorized to provide such information, data, and other elements; and
• the information, data, and other elements provided on the Website are not subject to the rights of any third party and in particular, do not infringe pre-existing rights of any third party.

The User shall indemnify and hold AddUp harmless from any suit or action, objection, and opposition for breach by the User of the foregoing guarantee. The User will indemnify and hold AddUp harmless from any suit or action of any third party for the wrong or misleading nature of the information posted on the Website by the User.

The User shall not use the tools and features of the Website inaccurately, upload any software viruses through documents or programs, or act in such a manner that could create damage, interfere with or copy software, data, or information from the Website.

5 Disclaimer

ACCESSING AND BROWSING ON THE WEBSITE SHALL BE AT THE SOLE RISK OF THE USER.

THE WEBSITE AND THE WEBSITE MATERIAL ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.

ADDUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT WEBSITE MATERIAL ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY.

IF THE USER DOWNLOADS ANY WEBSITE MATERIAL, THE USER MAY DO SO AT ITS OWN DISCRETION AND RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH WEBSITE MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM ADDUP OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. ADDUP DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE WEBSITE MATERIAL IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. FIVES MAY MAKE CHANGES TO THE WEBSITE AND TO PARTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE.

ADDUP RESERVES THE RIGHT TO RESTRICT OR TERMINATE THE USER’S ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.

6. Limitation of Liability

IN NO EVENT SHALL ADDUP BE LIABLE TO THE USER FOR LOSS OF PRODUCTION, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF REPUTATION OR OPPORTUNITY, AND ANY OTHER PURELY FINANCIAL LOSS, OR FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT AND/OR CONSEQUENTIAL LOSS AND/OR DAMAGE OF ANY NATURE ARISING FROM, OUT OF OR AS A RESULT OF THE WEBSITE, HOWSOEVER CAUSED AND WHETHER SUCH LIABILITY ARISES UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE EVEN IF ADDUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

THE USER ACKNOWLEDGES THAT ADDUP, AS WELL AS ITS CONTENT AND SERVICE PROVIDERS (AND IN PARTICULAR THE WEB HOSTING COMPANY) SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGE TO THE USER ARISING DIRECTLY OR INDIRECTLY FOR (I) DISSEMINATION OF FALSE INFORMATION, OR (II) ANY DELAY IN THE DELIVERY OF WEBSITE SERVICE AND/OR INFORMATION DISSEMINATION, CAUSED BY DEFECTS AFFECTING WEBSITE, INTERRUPTIONS OR CONNECTION, FRAUDULENT ACTIONS OF ANY THIRD PARTIES.

ADDUP SHALL NOT BE HELD RESPONSIBLE FOR THE CONSEQUENCES RESULTING FROM IMPROPER OR FRAUDULENT USE OF THE WEBSITE.

USER SHALL WAIVE ALL RIGHTS OF RECOURSE AGAINST FIVES FOR ANY DAMAGES, COSTS, EXPENSES BASED ON A MISUNDERSTANDING OR LACK OF KNOWLEDGE OF THE LEGAL NOTICE OR THE USE OF THE WEBSITE MATERIAL.

7. Miscellaneous

If any of the provisions of this Legal Notice is found to be void and unenforceable, such provision shall be deemed to be deleted from this Legal Notice and the remaining provisions of this Legal Notice shall continue in full force and effect.

8. Applicable Law

The laws of France shall govern this Legal Notice and the use by the User of the Website.

9. Disputes

The Commercial Court (Tribunal de Commerce) of Paris, France, shall have exclusive jurisdiction over any dispute arising from this legal notice or any action relating to the enforcement of its provisions.

PRIVACY POLICY

1. General Provisions

This Privacy Policy is part of the Legal Notice of the Website and shall apply to any User of www.addupsolutions.com. This Privacy Policy describes the processing related to personal data which may be collected by AddUp when the User has access and uses the Website.

2. Collection of personal data

By using the Website and providing personal information, the User agrees that AddUp may collect and use personal data in accordance with this Privacy Policy.

Personal data provided by the User may be retained by AddUp to keep a record of access to the Website by the User, to meet his expectation by creating a User profile, or contact him by email or by other means.

AddUp did not intend to retain personal data collected for a period exceeding the necessary period for the purpose of such collection.

3. Cookies

The User is informed that AddUp reserves the right to implement “cookies,” which are small data files that can be transferred to the hard disk of the User to record information relating to the navigation of the computer on the Website.

“Cookies” do not identify the User but cookies are only used to identify information of the User browsing the Website. Cookies help AddUp to see how the Website is used, to make improvements, and update the Website based on data (such as the number of users connected to the Website) collected by cookies.

The User may refuse cookies by configuring his browser so that the User is informed before the installation of a cookie, or by adjusting his browser to refuse cookies if such functionality is included in his browser.

Refusal of cookies may result in reduced functionality and diminished experience of the Website.

4. Use of data provided by the User

AddUp reserves the right to undertake studies and statistical analyzes from the information and data provided by the User, and to use the same for editorial purposes in order to improve the quality of services available on the Website.

5. Links to other websites

AddUp Website contains links to other websites owned by any third party for whom AddUp has no control on the content and where AddUp cannot be held liable.

AddUp cannot be held responsible for the processing of personal data, the content and the use of any websites owned by any third party or any link contained in a linked website, or any changes or updates to such websites and to which access by the User shall be at his own risk.

The user is requested by AddUp to study the processing of personal data, applied to the website owned by any third parties and also check the terms of the processing of personal data when the User clicks or interacts with a link leading to a website owned by any third parties

6. Commitment of the User

The User shall refrain from any act which is detrimental to the privacy or reputation of others or any other person and shall avoid comment, message, or text defamatory, provocative, malicious, or threatening.

The User of the Website, when providing information and data to AddUp through the Website, guarantees the accuracy and correctness of such information and data provided to the Website, and is fully empowered and authorized to provide the same.

Any use of the Website is always subject to compliance with applicable law and any failure to comply with applicable law may lead to prosecution.

7. Right of access to personal data

The User has control over its personal data in accordance with the French Law 78-17 dated 6 January 1978 including any further amendments to this Law. The User has a right of access, modification, and deletion of personal data. For this purpose, the User is invited to contact the Webmaster of www.addupsolutions.com at the address contact@addupsolutions.com or to write to AddUp, to the attention of Webmaster, 5 rue Bleue – Zone Industrielle de Ladoux 63 118 Cébazat, France.

In accordance with the applicable regulations protecting personal information, access right to personal data is a personal right that can be exercised only by the person concerned by such information.

8. Disclosure of personal information related to the User

AddUp shall have the right at any time to disclose any information related to the User for compliance with applicable regulations.

AddUp does not sell personal information to third parties.

AddUp reserves the right to disclose and report to the authorities any information concerning User failing to comply with the applicable regulations applicable to the Website as well as any activity of the User that may be illegal.

9. Modification

AddUp shall have the right to update and amend the provisions of this Privacy Policy when AddUp deems necessary and without prior notice. The User is invited to regularly read the terms of this Privacy Policy.

Please read carefully the conditions of use of the website www.addupsolutions.com, before continuing browsing. You are advised to carefully read the Legal Notice and Privacy Policy.