Terms of Use
Last updated: 03/27/2024
The parties acknowledge and agree that the following terms, used with a capital letter and which may be singular or plural, have the meanings defined below in the context of these Terms of Use and the Agreement between the User and MitigateScan.com. In this contract, MitigateScan.com refers to the natural person named Mr. Loïc Sinnig.
1. Definitions
“Agreement”: refers to all the Terms of Use as well as the Privacy Policy of personal data;
“User”: refers to any person browsing the Platform, whether Visitor or Member;
“Visitor”: refers to any person exploring the Platform without having created an associated account;
“Member”: refers to a person exploring the Platform and having created an account on MitigateScan.com;
“Platform”: refers to the entire website, mobile application, and the software provided therein, allowing access and use of the services;
“Content”: encompasses all documents, files, electronic media, monetary data, visual, written or audio data, information or materials;
“Intellectual Property Rights”: refers to all rights, titles, and interests relating to any copyright, database, trademark, patent, etc.;
“Services”: refers to the Web and classification services as well as associated software provided by MitigateScan.com;
“Website”: refers to the website at http://www.mitigatescan.com.
2. Acceptance of the Terms
By browsing the Platform as a Visitor or by creating an account to become a Member, you agree to be bound by these Terms of Use and the Agreement. The installation or use of the services or the website “MitigateScan.com” constitutes acceptance of the terms and conditions. Any refusal of these terms implies the prohibition of use of the Platform. You are responsible for regularly checking updates to the terms. Any continued use after modification signifies your acceptance of such modifications.
Accordingly, your use of the Platform as a User, whether as a Visitor exploring the Platform or as a Member having created an account on MitigateScan.com, binds you to compliance with these Terms of Use and the Agreement established with MitigateScan.com.
3. Registration for Service and Access to Services on MitigateScan.com
To access the features of the Platform, registration and account creation are required. Before registering, you must agree to the Terms of Use (ToU) as well as the Privacy Policy of personal data.
You must be over 16 years old and not be under a legal guardianship measure for adults to accept the ToU. Users under the age of 16 require the consent of the holder of parental authority to access the Platform. We do not collect or record information from users under 15 years of age.
Account creation can be done in two ways: by filling out the registration form on the Platform or by using an existing account via Google Plus or Facebook. In either case, personal information is required, and you agree to provide it accurately.
After creating the account, an email containing a temporary password is sent. You must change this password upon your first login.
You are responsible for maintaining the confidentiality of your password. You must not create or use multiple accounts, nor allow others to use them.
Platform Access Conditions: If you do not have a Member account, you can access certain features of the Platform, but with limitations. If you have a free Member account, you can access more features and customize your profile.
Information Provided by You: You warrant that the information provided is true, accurate, and up-to-date. You are responsible for any activity on your account.
We reserve the right to modify or interrupt the services or the website temporarily or permanently, without notice. We are not responsible for the consequences of these changes for you or for third parties.
Services are normally available 24 hours a day, but interruptions may occur for technical or maintenance reasons. We may engage subcontractors to perform our obligations.
If you use a third-party email address to create an account, additional conditions may apply. We are not responsible for access restrictions imposed by third parties.
The website may contain links to third-party sites. We do not control these sites and are not responsible for their content. By using our Platform, you reaffirm your acceptance of the current ToU.
4. Intellectual Property Rights and License Grant
We, MitigateScan.com, hold exclusive intellectual property rights to all elements constituting the Service and/or our Platform, including technical, graphical, and textual elements. No ownership rights are granted to the User, except for the right of use in accordance with these conditions.
The User agrees not to reproduce, integrate, use automated means to extract or collect information about Users, copy, or perform any unauthorized use of Platform elements. Any violation of these intellectual property rights incurs civil and/or criminal liability for the User.
Regarding access to and use of the services and the MitigateScan.com website, we grant the User a limited and non-transferable license. However, all rights, titles, and interests in the services and the website remain our exclusive property.
The User agrees to comply with the terms of this agreement and not to perform certain actions such as distribution, modification, or creation of derivative works from the content provided by MitigateScan.com. Any violation of these conditions gives us the right to immediately terminate this agreement.
We strive to maintain the Platform in good working order, but we cannot guarantee its permanence or performance. In the event of Service interruption for maintenance or update reasons, our liability is limited, and we disclaim any compensation for financial or other losses suffered by the User.
Thus, by using the Service, the User accepts the conditions related to intellectual property and acknowledges that any malfunction of the Platform may result in data loss. We undertake to restore the data to the extent possible and to restore access to the Platform as soon as possible.
5. User Obligations and Usage Restrictions
Your responsibility extends to all activities carried out through the use of the “MitigateScan.com” services, and you must ensure compliance with national laws in force. Any content you upload, transfer, or publish as part of the services will be solely your responsibility.
By using the “MitigateScan.com” services or website, you are required to comply with the security and administrative regulations specified during registration, as well as the terms specified in the terms of use. You also certify that you are of the required age to enter into a legally binding contract and agree to provide accurate and complete information during the registration process.
It is essential to maintain the confidentiality of your password and registration data. You agree to immediately inform us of any unauthorized use of your account or any security breach. You are responsible for activities carried out via your account and must ensure that all downloaded or transferred data are legal and comply with applicable laws.
We reserve the right to access, retain, and disclose information from your account if necessary to meet legal requirements, protect our rights, or the safety of users. You must not use automated means to excessively access the “MitigateScan.com” services or collect personally identifiable information from the site.
Furthermore, you agree not to reproduce, integrate, use robots to extract information, collect user data for unsolicited purposes, or copy any content from the Service or our Platform without express permission. Unauthorized use incurs civil and/or criminal liability and may result in legal action.
Your use of the “MitigateScan.com” services must comply with national laws and accepted practices. Any behavior contrary to these principles may result in sanctions, including the termination of your account.
Indemnification: By using “MitigateScan.com,” you agree to indemnify and hold harmless “MitigateScan.com,” as well as its subsidiaries, officers, agents, and employees, from any loss, expense, or damage resulting directly or indirectly from your use of the service, violation of this agreement, or the rights of others.
Notification of Unauthorized Acts: You must inform us in writing of any actual or alleged violation of this agreement and fully cooperate by providing all necessary information.
Property Rights: We hold all intellectual property rights to the “MitigateScan.com” services and website. You acquire no intellectual property rights and must use the services in accordance with the terms of this agreement.
Disclaimer: You are responsible for all activities carried out via the services and for compliance with technical requirements. We do not guarantee the accessibility or quality of the services, and you must assume the risks associated with their use.
Limitation of Liability: Neither “MitigateScan.com” nor its subsidiaries, officers, employees, and agents shall be liable to you for any direct or indirect damages resulting from the use or inability to use the “MitigateScan.com” services or website, except in cases of gross negligence or bodily injury resulting from our negligence.
6. Force Majeure
Neither party shall be held liable to the other party for any delay or failure to perform resulting from an unforeseeable event beyond the parties’ control, which could not have been anticipated at the time of acceptance of these ToU and whose consequences cannot be avoided by reasonable measures.
In the event of temporary force majeure, the obligations of the affected party shall be suspended for the duration of this event. However, the parties undertake to limit the impact of this exceptional situation as much as possible. If force majeure makes performance permanently impossible, the parties shall be released from their obligations in accordance with the provisions of Articles 1351 and 1351-1 of the Civil Code.
The provisions of this Agreement are necessary for the protection of the Parties’ activities and goodwill and are deemed by the Parties to be reasonable for this purpose. You agree that any violation of this Agreement may cause us substantial and irreparable harm, and therefore, in the event of such violation, in addition to other remedies that may be available, we shall have the right to demand specific performance and other injunctive and equitable relief. In the event that you use the “MitigateScan.com” services or website for commercial purposes in violation of this agreement, you agree that we shall be entitled to any proceeds you have obtained from such activity, without prejudice to any other rights or remedies we may have against you.
7. Dispute Resolution and Term and Termination
These ToU are governed by French law. In the event of a dispute concerning the validity, application, or interpretation of these ToU, in the absence of an amicable solution, the French courts shall have jurisdiction. The parties expressly attribute territorial jurisdiction to them, regardless of the location of performance or the domicile of the defendant. This jurisdiction also extends to summary proceedings, cases of multiple defendants, or third-party proceedings.
This agreement shall take effect on the date you first access or use the “MitigateScan.com” services or website and shall continue until your account expires, terminates, or is terminated as expressly provided in this section 12 or elsewhere in this agreement. This Agreement supersedes all prior or contemporaneous agreements, arrangements, and undertakings, whether oral or written, between the Parties and constitutes the entire agreement between the Parties regarding its subject matter. Notwithstanding the foregoing, the Parties’ obligations under any pre-existing non-disclosure agreement shall remain in full force and effect to the extent that there is no conflict between them. The Parties confirm that they have not entered into this Agreement based on any representation that is not expressly incorporated into this Agreement.
We may terminate this Agreement in the event that you substantially breach your obligations under these ToU and fail to remedy such breach after we have sent you written notice and a thirty (30) day cure period has elapsed. This is without prejudice to our right to immediately terminate this Agreement where expressly provided elsewhere in this Agreement.
You may terminate this Agreement by canceling your account from the Account Details section at any time.
Immediately upon termination of this agreement, your rights shall cease, and you shall cease all use of the “MitigateScan.com” services and website and all content provided by us, and shall destroy all our “MitigateScan.com” services or website-related content by erasing it from the magnetic media on which it is stored and certifying to us in writing that it has been destroyed.
Any termination of this Agreement (regardless of cause) shall not affect accrued rights or liabilities of either party. Rights and obligations under this Agreement which, by their nature, should survive, shall remain in full force and effect after the termination or expiration of this Agreement.
Note: This document is a translation of the original French Terms of Use. For reference, you can view the original document.