These Terms and Conditions of Sale and Use are between DATANANAS ("Datananas" or "we" or “us”) and you or if you represent an employer or client, that employer or customer ("the user", " The user "or" you ").
Datananas SAS is a simplified joint-stock company with a capital of €3,340,00, registered in the Paris Trade and Companies Register under number 808 043 038
By registering on Datananas website, by becoming a customer of Datananas or by signing any contract mentioning these conditions, you accept these general conditions of use.
These general conditions of sale and use ("GTOS & U") are applicable to all use and access to Datananas. They are provided to users at the time of registration and are available at any time on our website.
Users acknowledge that they have read and understood the TOS and hereby agree to be bound by them. The TOU prevail over any other contractual documents issued by the Users.
These general conditions of sale and use have been updated on December 30, 2016.
Administrator(s) designate the Users linking their company to Datananas through the Subscription, holding an Account with access to all Datananas features and configuring access for their use;
Account means a valid account providing access to the Datananas Standard Services;
Content means the content that Users have downloaded via Datananas, including but not limited to;
Personal Data means any personal data relating to an individual who is or could be identified;
Duration means the monthly, semi-annual or annual period chosen by the Adminitrators and during which they are authorized to access and use Datananas;
License means the non-exclusive license granted by Datananas to Users for the purpose of accessing the Software;
Party(s) designate Datananas and / or Users;
Price means the prices of Datananas applicable to Users;
Datananas refers to the company publishing the software developed by the same company provided as a "software as a service";
The software designates the product designed by Datananas, accessible as a "software as a service" (SaaS);
Onboarding means the training and support period required prior to access to the Services provided by Datananas;
(SaaS), mobile application or via an application programming interface (API) and giving access to the Standard Services;
Standard services are defined as the core services provided by Datananas related to the subscription of a membership;
Site means the Datananas website accessible at www.Datananas.com and presenting Datananas;
Subscription means the contractual commitment binding the Administrators to Datananas including the standard services
Users refer to business users using Datananas for business purposes. Only professional users can use Datananas;
Datananas will use commercially reasonable efforts to maintain the service in accordance with these terms and conditions.
DATANANAS grants Users a non-exclusive right to access and use the software.
DATANANAS undertakes to exercise prudence and diligence in the provision of a quality service, in accordance with the usual practices.
DDATANANAS will endeavour to provide continuous access to its platform, 24 hours a day and every day except in the event of force majeure, as defined in the section below entitled "Force Majeure".
In the event that normal use of the Service is prevented for a period of more than two consecutive days or intermittently for a total duration of more than four consecutive days during the same 30-days period, the user may benefit from 10% discount on his next invoice by making the request within 7 business days.
DATANANAS reserves the right to subcontract all or part of the services of Datananas under the UGC, but does not give access to subcontractors to User Content.
DATANANAS provides free customer support and is available Monday through Friday via the chat window on the application or by email at firstname.lastname@example.org
To access and use Datananas, Users must be legally able to contract and comply with all applicable laws (French and / or foreign). Users must use Datananas for business purposes only.
Users must create an Account from the Datananas website and provide the following information: Name, Last name, Company, Email and Telephone;
The user's email address must remain valid as long as the Account remains active. Users are responsible for updating their e-mail address if necessary.
Users must use the software in accordance with the TOS.
To use the software, Users must have access to the Internet and a recent browser that accepts cookies.
All the costs necessary for the equipment, Users internet connection and their access and use of software are their sole responsibility.
Users must, under their sole responsibility, configure the software and their workstations.
To use and access the software, Users agree to:
In the event of a breach of the foregoing, Datananas reserves the right to cancel the Account and / or to block Users without notice or indemnity.
Users acknowledge that they have verified the suitability of the software with their needs and have received all the information and necessary advice to conclude the TOU.
Users acknowledge that they have been fully informed by Datananas of the extent of their contractual obligations under the TOS.
In order to evaluate the services provided by Datananas, a trial period can be defined. This trial period shall not exceed a period of fifteen (15) days and shall end, either when the end of this period is reached or when the membership fee starts for the Administrator.
This trial period may be terminated unilaterally and without due justification by Datananas.
In consideration for the free provision of the software, Datananas makes no warranty, implied or explicit, to Users during the free trial and Datananas cannot be held responsible for any reason and on any basis.
The administrator undertakes to pay the full cost of access to the Services mentioned in the purchase order.
Unless otherwise stated on the purchase order, access fees are payable upfront. These fees are based on access to the software and not actual use of the software. Payment is non-cancellable and non-refundable.
The applicable Prices for Standard Services may differ and may be provided in different currencies depending on the location of the Users, and excluding taxes if not applicable.
Datananas reserves the right to make promotional offers that may differ from the applicable Price Policy.
In case of late payment, the Users will be subject to a lump sum of forty (40) euros per day of delay. Any delay in the payment triggers payment of interests by the Users on the amount due on the due date. The interest rate corresponds to the rate applied by the European Central Bank, at maturity, for its operations in euros, increased by 10%.
Users shall reimburse Datananas for all costs (including reasonable attorneys' fees) related to the recovery of payments not paid by Users.
DATANANAS reserves the right, in the event of non-payment by the Users of one of its invoices or in the event of violation of the TOU, to suspend the access to Datananas until the payment is received in its total amount.
Any dispute regarding an invoice must be expressed in a letter or e-mail addressed with acknowledgment of receipt within fifteen (15) days from the date of invoice (or pro forma invoice). In the absence of such letter or e-mail, Users will be deemed to have accepted the invoice.
Changes in pricing policy : Datananas reserves the right to update its pricing policy and create new charges at any time, subject to one (1) month notice to Users. Any changes will be sent by e-mail or posted on the Site.
Access to Datananas Services requires ongoing monitoring of Onboarding and training sessions. The Users undertake to be present and active during the training sessions, and to provide the necessary efforts to the smooth running of these.
Datananas reserves the right not to open access to the Services until Users have completed this Onboarding process.
The TOU are valid for the period where Users have access to Datananas Services, including the trial period, and are renewed automatically.
Any termination of Datananas will be effective at the end of the commitment period agreed at Purchase Order signature.
Users may terminate at any time by sending a letter with acknowledgment of receipt to Datananas or by emailing email@example.com
Datananas reserves the right to terminate the TOS at any time in the event of non-compliance by Users of these TOS.
In the event of late payment of more than thirty (30) days, Datananas may consider that the TOS & U have been terminated on the date on which payment is due.
Datananas reserves the right to unilaterally terminate the Terms if the Content loaded and / or exchanged by the Users would create operational issues for the software and for Datananas servers. Users concerned will be notified by letter and will have access to the software for a period that is not exceeding one (1) month. The services fees paid by the Users related to the remaining time to run beyond the above notice will be reimbursed.
After the Term or Termination, for whatever reason, Users may access the Software for three (3) years to view their Content but will not be able to use the Software. Datananas will remove Users Content from its servers after three (3) years of inactivity for each User Account from the date of termination notice.
To the extent permitted by applicable law, Datananas is provided "as is" without warranty of any kind, express or implied.
Datananas can never substitute for any administrative and commercial organization functions or obligations of the Users.
Datananas' support is only provided for the use of the software and not for any corporate or management activities of the Users. The information provided by Datananas does not constitute advice, whether commercial, financial, legal or otherwise.
Datananas is a registered trademark of the INPI (French authority).
Datananas, unless otherwise stated, owns all text, graphics, logos, images, photos and videos on its site. Unless otherwise agreed, Datananas is authorized by Users to name them on all media.
Users agree to be cited on any document; electronic or otherwise, as a reference and that their logo is used for the same purposes. Unless otherwise statedby a written consent, Users also agree that Datananas shall quote anonymously the nature of the services and the results obtained, as well as the client's context with the exception of any confidential information.
Datananas is registered at the CNIL (French authority regulating personal data for users) under number 1828324.
Datananas located at 57 rue d'Amsterdam, 75008, Paris, France and undertakes to protect Users Personal Data.
Datananas collects and processes data that Users voluntarily provide in order to access or use the software as well as data relating to user preferences and traffic (such as IP addresses).
The purposes of these data processing actions are intended to allow Users to create an Account and access the software & services, to improve the services by placing cookies on Users terminals and to send them commercial offers.
To create and open an Account, Users must provide Datananas with at least the following personal identification information to use the software: - Name; - E-mail; - Company Name; - Telephone number; Users may complete their profile with other Personal Data (address, telephone number, date of birth, name of their clients or prospects, etc.). Datananas will never collect or process Personal Data concerning, directly or indirectly, race, health, sexual orientation, political, philosophical or religious beliefs.
Users must not store this Personal Data on the software.
Datananas is strongly committed to take the necessary measures to ensure the security and confidentiality of the data. Backups are made by Datananas under the conditions presented on the Site.
Datananas is committed to take all necessary measures to provide a secure environment around the storage of user-generated data through our tools.
Datananas undertakes not to use the data generated by the users for any commercial, advertising purposes, nor to exchange or transmit them to third parties.
Traffic data is generated when users' workstations are connected to the Internet and are not sufficient alone to identify them. Datananas may collect the following data: the origin of the connection, the type and version of the user's Internet browser, connection duration, and so on. This data can be used for statistical purposes to analyze traffic and improve the software. Traffic data is always processed anonymously.
Datananas places cookies on users' terminals. These small files can contain, for example, traffic data and user preferences. The goal of the cookies placed by Datananas are as follows:
Datananas does not allow its partners to place cookies on users' workstations.
Cookies are required to use the software and therefore must be accepted by the Users. Users may set their browser to disable or warn cookies before accepting a cookie on the websites they visit. However, if Users disable cookies, they may not be able to use all parts of the software, the Site, or all of the software features.
These cookies are valid for a period of thirteen (13) months. A new consent will be requested by Datananas after the duration.
Our advertising partners such as AdRoll, will then allow us to offer you ads retargeting on other sites according to your online activities on datananas.com. The techniques our partners use do not collect personal information such as your name, e-mail address, post address or telephone number.
Datananas collects and processes Personal Data of Users in a fair and lawful manner and with respect for their rights. Datananas is the entity responsible for the processing of Personal Data of the Users. The processing of Personal Data by DATANANAS is declared to the French authority: the "National Commission for Information Technology and Liberties" (CNIL).
For any request, Users may write to Datananas SAS - 57 rue d'Amsterdam, 75008, Paris, France.
Users may report abuse, harassment, inappropriate content, complaints of privacy or, more generally, any violation of the law by a third party by sending a notification to Datananas with the following information:
The TOS & U are governed by French law.
In the event where a translated version of the TOS & U conflicts with the French version, the French version shall prevail.
In the event that the present Terms and Conditions are different from those present online at www.datananas.com/conditions, those on-line will prevail. jurisdiction of the “Tribunal de Grande Instance de Paris.