In the GTU, the terms identified below by a capital letter have the following meaning, whether used in the singular or plural:
Client: means any legal or natural person, professional registered in the trade and companies register or any equivalent commercial register, which subscribes either to the freemium version of the Platform or to a paid subscription to the Platform;
GTU : means these general terms and conditions of use.
User Account: means the personal space created by the User on the Platform, as described in Article 3.1 below.
Data: means all data collected, generated or processed through the Platform by the User.
Personal Data: means Data which, in accordance with the applicable regulations on the protection of personal data, allows the designation or identification, directly or indirectly, of a natural person.
Platform: means the cloud computing platform operated by SCALINGO and accessible at scalingo.com.
Regulation applicable to the protection of personal data: means any regulation applicable to the protection of personal data and in particular the Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 known as the "General Data Protection Regulation" or "GDPR" and Law No. 78-17 of 6 January 1978 as amended known as the "Data Protection Act".
Resources: means the Client's resources hosted on the SCALINGO Platform, including the Client's application, databases, the Client's managed networks, as well as, where applicable, third-party resources approved by SCALINGO;
Services: means all the services provided to the User through the Platform, it being specified that the scope of the Services open to the User is agreed in the Agreement between the Client and SCALINGO among the following categories of services: "Managed application environments"; "Managed databases"; "Managed networks"; "Professional services"; "Operational readiness maintenance service";
User: means the Client and/or any natural person designated by the Client who accesses the Platform to use the Services, regardless of where they are located and how they access them, and who acts under the responsibility of the Client.
The GTU constitute a contract between the User and SCALINGO. Access to the Platform is subject to the User's express and unreserved acceptance of the GTU. Failure to accept the GTU will make it impossible for the User to access and use the Platform.
Acceptance of the GTU is made at the first connection of the User to the Platform, when creating his User Account under the conditions of Article 3.1.
SCALINGO reserves the right to modify and/or update the GTU, depending on the technical evolution of the Platform or due to changes in legislation, at any time and without prior notice. The User will be informed of the new GTU at its next connection to the Platform. Access to and use of the Platform shall be subject to the GTU in effect at the time of such access and use.
In the event that one of the clauses of the GTU is null and void due to a change in legislation or regulations or declared as such by a final court decision, this shall not affect the validity and respect of the other clauses of the GTU.
Access to the Platform requires the creation of a User Account.
The User can create a User Account by registering on the Platform and providing a valid email address.
Whatever the means used to create his account, the User is invited to read the GTU and then, if he/she accepts them, to check the box and click on the corresponding tab to finalize the creation of its Account User. By this tick and click, the User acknowledges having read the GTU, having understood them and fully accepting all their stipulations, without restriction or reservation.
The User then receives an email confirming the opening of the User Account, to the email address he/she has indicated.
Once on his/her User Account, the User can complete his/her personal information by filling in the information requested in the forms available on the User Account.
The User agrees to provide and maintain accurate, up-to-date and complete information about him/her. SCALINGO will not be held responsible under any circumstances for any delay or inability to access the Platform due to erroneous or incomplete information entered by the User when requesting to create a User Account. In this respect, the User may at any time modify his/her personal information and password directly from his User Account.
The User's connection identifiers (identifier and password) are personal and confidential. The User must keep these login details secure and undertakes not to disclose them to third parties for any reason, in any way or in any form whatsoever. The User also undertakes to ensure that at the end of each session of use of the Platform, he/she logs off properly.
In case of loss, forgetfulness or theft of his/her authentication elements, the User must change his/her password as soon as possible by clicking on the "Forgotten password" button located under the login form. The User is then invited to create a new password.
Under no circumstances shall SCALINGO be responsible for the loss, theft or forgetting of the User's authentication elements or for their fraudulent use. The User is exclusively responsible for accessing and using the Platform with his or her authentication elements.
Access to the Platform requires that the User has a computer (PC, MAC, tablet or smartphone), a broadband internet connection and a web browser.
All costs related to accessing and using the Platform, whether hardware, software or internet access costs, are the sole responsibility of the User. The User is exclusively responsible for the proper functioning and security of his/her computer equipment and Internet access.
The Platform is accessible 24 hours a day, 7 days a week, subject to the occurrence of a case of force majeure or an event beyond the control of SCALINGO and except for interruptions, suspensions or limitations in the context of maintenance operations and/or updates necessary for the proper functioning of the Platform.
SCALINGO is only bound by an obligation of means concerning the accessibility, operation and availability of the Platform or its contents. SCALINGO reserves the right to interrupt, suspend or limit access to all or part of the Platform, in particular due to legal or technical constraints.
The User expressly acknowledges that the aforementioned suspensions, interruptions or limitations may occur at any time without prior notice and that they will not give rise to any obligation or compensation for the User.
The User agrees to use the Platform only for its sole professional purposes exclusively or for academic purposes authorized by the Client.
The User undertakes to use the Platform in accordance with the GTU, with the Client's instructions in the context of its relationship with the latter, in compliance with the laws and regulations applicable in France, in particular with regard to the protection of personal data that may be processed through the use of the Platform.
It is strictly prohibited to use the Platform for the following purposes :
SCALINGO may terminate the User's access to the Platform in the event of non-compliance with this article, without prejudice to any damages that SCALINGO may seek.
SCALINGO guarantees the confidentiality and security of the Data. However, SCALINGO cannot guarantee the accuracy, completeness, timeliness or other quality of the Data integrated and published by the User on the Platform.
The User is exclusively responsible for the integrity, accuracy and quality of the Data and the Resources that it integrates and disseminates on the Platform. The User shall also ensure that the Data and the Resource that it integrates and disseminates on the Platform are free of viruses or any other component that may cause damage to the Platform.
SCALINGO makes no other warranties, express or implied, including but not limited to warranties as to the non-infringement of third party rights, the durability of the Platform and/or the fitness for a particular purpose or the suitability of the Platform for the User's needs, nor does it warrant that it is free from defects, errors or bugs or that it will operate without failure or interruption. The Platform is provided "as is" and according to its availability.
Access to the Platform implies knowledge and acceptance of the characteristics and limits of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by any viruses circulating on the network. SCALINGO does not guarantee that the Platform or its servers will at all times be free of viruses, worms, Trojan horses or any other component likely to cause damage. It is the User's responsibility to take all appropriate measures to protect its own hardware, data and/or software stored on its computer equipment against any attack.
Access to the Platform and its use are under the User's sole responsibility. The User is solely responsible for the proper use, with discernment, of the Platform, the Resources and the Data he/she integrates into it.
No advice or information, whether oral or written, obtained by the User when using the Platform is likely to create guarantees not expressly provided for in the GTU or to lead to SCALINGO's liability in the event of damage, of any kind whatsoever, caused to the User or to third parties as a result of the User's improper use of the Platform, in violation of the provisions of this article and more generally of the failure to respect the GTU.
The User is responsible for any damage to its computer system, the Platform and/or its content, as well as for the loss of Data and/or the Resources that may result from its use of the Platform. In this respect, the User is responsible for the implementation of anti-virus and other security measures for its computer system.
To the fullest extent permitted by applicable law, SCALINGO expressly excludes its liability for any indirect damage resulting from or in connection with access to the Platform, its use, its malfunction or its unavailability, whatever the nature and duration thereof.
SCALINGO is only responsible for direct damage that may be caused to the User as a result of the poor execution and/or non-execution of the obligations incumbent upon it under the GTU.
The User acknowledges that SCALINGO remains free to correct and/or modify the Platform at any time and without prior notice, without such correction and/or modification giving rise to any right of recourse on its part.
SCALINGO shall not be held responsible, in general, in all cases where the non-execution or poor execution of the GTU is the result of a case of force majeure or an act of God beyond its control.
Ownership of the Platform and the Services published by Scalingo. The Platform, the Services, the logo and other Scalingo content published by SCALINGO on the Platform (the "Protected Elements") are protected by intellectual property rights (such as copyrights, patent rights, trademarks, database producers' rights, and any other existing or future intellectual property rights, both French and international) and belong to SCALINGO or to third parties who have authorized SCALINGO to use them.
The use of the Platform does not in any way confer on the User a right of ownership and/or an intellectual property right over the Protected Elements, with the exception of a personal right of access, non-exclusive and limited exclusively to the use of the Platform for the sole purpose of the User operating, with the Client's authorization, on the Resources, or other proprietary software of the Client and/or software granted to the Client, for testing, computer development and maintenance activities.
It is strictly forbidden to represent, reproduce and/or exploit the Protected Elements, in whole or in part, in any form and by any means whatsoever, without the prior written consent of SCALINGO. The User undertakes not to copy, modify, assemble, decompile, alter, sell, rent, lend, disseminate, distribute or transfer all or part of the Platform and/or the Services, create derivative works from the Platform and/or the Services, or authorize a third party to carry out such acts, without the prior written consent of SCALINGO.
Violation of the provisions of this article constitutes an infringement of the intellectual property rights of SCALINGO and/or third party licensors and may result in civil and criminal proceedings.
Ownership of Hosted Client Data and Resources. The Client Data and Resources, including the associated intellectual property rights, are and shall remain the exclusive property of the Client or of third parties having authorized the Client to use them.
For Resources, the User represents and warrants that it holds or has obtained all intellectual property rights allowing it to upload them to the Platform and to use them. When uploading the Data and/or the Resources, the User grants SCALINGO, for the entire period during which the Data and/or the Resources are hosted on the Platform, the non-exclusive rights to reproduce, represent and download them for the purposes strictly necessary for the hosting of said Data and/or Resources and the use of the Services.
The GTU come into force as of their acceptance by the User as long as the User uses the Services and/or the Client has not terminated the Services under the conditions provided for in the general terms of service concluded between the Client and SCALINGO.
In the case of use of the Platform by the User that does not comply with the GTC, in the case of violation by the User of the GTU, or more generally in the case of violation of the applicable laws and regulations, SCALINGO may terminate all or part of the User's access to the Platform by operation of law, without prior notice or compensation. SCALINGO may pronounce such termination without prejudice to all other rights, actions and remedies that SCALINGO may have for the compensation of the damage it may have suffered as a result of such breaches.
In the event of deactivation of the User Account, the Data, and in particular the User's Personal Data, will be archived in a secure environment for the legal period of limitation for the purposes of proof for the establishment, exercise or defense of a legal claim, in accordance with the regulations applicable to the protection of personal data and the DPA concluded between the Client and SCALINGO.
The GTU will be executed and interpreted in accordance with French law.
The parties declare their intention to seek an amicable solution to any difficulty that may arise concerning the validity, interpretation or execution of the GTU. In case of persistent disagreement, the dispute will be referred to the competent courts.
For any information concerning the GTU, the User can contact SCALINGO by e-mail at the following address: firstname.lastname@example.org.