General Conditions of Use
The terms or expressions beginning with a capital letter, barring indication to the contrary or a separate mention, have the meaning attributed to them in Article 1, herein.
By using the Applications, as a User, you acknowledge understanding and accepting without reservations the terms in these General Conditions of Use.
Specifically, in compliance with these General Conditions of Use, you undertake to only use the Applications for strictly professional purposes.
I. General provisions
Article 1. Definitions
In this document, the terms or expressions beginning with a capital letter have the following meaning:
“Applications” indicates the application modules or the functionalities of the Solution, such as described in Section II of these General Conditions of Use, that the User is authorized to use, according to the authorizations that they have, under the License Contract and/or these General Conditions.
“Authentication” indicates the procedure by which the User supplies and confirms their identity, by indicating their User ID and password.
“Customer” indicates the legal entity authorized to use the Solution and made available to Authorized Users under the License Contract related to iObeya.
“Order” indicates an order placed by a Customer in the context of the License Contract.
“User Account” indicates the access to the Applications available to a User. A User Account corresponds to a unique User and a unique User ID.
“Content” indicates any element accessible by a User to other Users, specifically any element published directly or indirectly through the Boards, such as, without this list being exhaustive: information, text, documents, files, images, sound files, videos, programs, software, etc.
“License Contract” indicates the license contract of the software in SaaS mode entered into between iObeya and the Customer governing the Solution’s Conditions of Use, as well as its potential amendments.
“Registration” indicates the procedure for creating a User Account.
“User ID” indicates a unique access code attributed to a User and that, along with a password, allows the User to register to access the Applications.
“Organizer” indicates the status of a User who has created a Whiteboarding Session. The Organizer alone has administrative rights for the Meeting.
“Platform” indicates the computer system, operated by an iObeya subcontractor, on which the Solution is hosted.
“Meeting” indicates a Room opened by an Organizer for a limited or unlimited time frame, and which Users may access.
“Whiteboarding Session” indicates an application module including the functionalities related to organizing a short-lived Meeting that Authorized Users and Invited Users may access.
“Solution” indicates the “iObeya” software, including its modules and plug-ins, published by iObeya, hosted on the Platform, made available to Users in SaaS mode, and for which all or some of the functionalities are made accessible to Users according to the Applications that the latter are authorized to use.
“User” indicates, in relation to a particular Room, a natural person authorized to use the Solution within the limits established in the License Contract and/or these General Conditions, and to access the data of one or several Boards contained in this Room. Users may be Authorized Users or Invited Users.
“Authorized User” indicates a User belonging to a Customer’s organization, authorized to use the Solution within the limits established in the License Contract and these General Conditions.
“Invited User” indicates a User outside of a Customer’s organization, authorized to use the Whiteboarding Session functionalities of the Solution, within the limits established by these General Conditions, after having received an invitation from an Organizer Under the terms of these General Conditions, the company that the Invited User represents is bound by the same obligations as the Invited User itself.
“SaaS” (Service as a Software) indicates the method of making the Solution available remotely, through the internet, and which the User may access through a web browser.
“Room” indicates the virtual rooms in which the User may access the Boards and use them.
“Boards” indicates the virtual Boards that the Users have access to and that they may read and/or change within the limits of the License Contract and/or these General Conditions, the authorizations granted to them by the Client and/or by the Organizer, and the functionalities of the Solution.
Article 2. Purpose and Scope of Application
The computer solutions whose use is governed by these general conditions of use (hereinafter, the “General Conditions”) are provided by the company iObeya, a société par actions simplifiée [a French simplified joint-stock company] with capital of 148,340 euros, whose registered office is located at 1 rue Galvani, Bâtiment D, 91300 MASSY (France), registered in the ÉVRY (France) Business and Companies Registry under number 483 404 570.
The purpose of these General Conditions is to define the conditions for using the Solution and the Applications by the Users.
They apply to any User of an iObeya Application, whether the user is an Authorized User or an Invited User, without prejudice to the provisions directly applicable to the Customer and its Users under the License Contract entered into between iObeya and the Customer.
Using the Applications implies acceptance without reservation by the User of these General Conditions.
Article 3. Term
These General Conditions come into force upon their acceptance by the User.
They are entered into:
- in regard to Authorized Users, for a term expiring upon the date the License Contract comes to an end, no matter the reason for it coming to an end;
- in regard to Invited Users, for an unlimited term; in this case, each party has the right to terminate this contract, by providing notification of this termination to the other party in writing, and by complying with an advanced-notice period of one month.
Article 4. Limits of Use
Any use or reproduction even partially of the Solution or the Applications, outside of the cases expressly authorized and the restrictions imposed by these General Conditions, is strictly prohibited and constitutes counterfeiting punishable by civil and penal prosecution.
The rights under this Contract are not assignable and not transferable.
This Contract does not indicate the assignment or transfer to the User of any intellectual property right covering the Solution or the Applications; it is the nonexclusive right to use the Application under the conditions and limitations defined hereinbelow, which the User undertakes to respect.
Article 5. Obligations of the User
5.1. Respect for the rules of use
The User undertakes to respect the Application’s rules of use, such as described in these General Conditions, and as they appear in the documentation for the Solution or the Applications, or in the information or notifications sent to the User when using the Applications.
The User specifically undertakes to not use the Application under conditions that may infringe on the rights of third parties, specifically their intellectual property rights or their right related to respect for private life.
5.2. Using the Applications exclusively for professional purposes
The User is only authorized to use the Applications for strictly professional purposes.
The User consequently undertakes to not use the Applications for personal reasons, and acknowledges that the laws and regulations related to consumer protection are not applicable to the User in the framework of this Contract and, generally, the relationship with iObeya.
5.3. Respect for laws and regulations
The User, while using the Applications, undertakes to respect the applicable laws and regulations in force based on the Customer’s registered office location and the location where the Applications are used.
The User, while using the Applications, is prohibited from:
- loading, storing, publishing, disseminating or distributing, through the Applications, documents, information, texts, files, images, videos, etc. that:
- are violent, pornographic, pedophilic, or go against common decency;
- are defamatory, abusive or racist;
- constitute the violations of inciting racial hatred or glorifying terrorism;
- infringe on the dignity of the human person, the protection of minors, private life, the protection of personal data or the intellectual property rights of a third party;
- or that are generally illegal.
- loading, storing, publishing, disseminating or distributing files containing elements protected by intellectual property laws, of any nature whatsoever (images, videos, text, sound files, programs, software, software packages, etc.), except for the necessary use and reproduction rights;
- directly or indirectly soliciting a third party to send such elements;
- attempting to read, copy, modify or destroy data without having been authorized by its owner or a duly authorized person;
- knowingly loading or sending files containing or that may contain viruses or altered data.
It is expressly reiterated to the User that some of the activity indicated above constitutes a crime (counterfeiting, defamation, abuse, etc.) for which the perpetrator, personally, is punishable by criminal sanctions.
Article 6. Intellectual Property Rights
6.1. iObeya's intellectual property rights
The User acknowledges and accepts that the Solution and the Applications are the exclusive property of iObeya and are protected by the French Intellectual Property Code.
Under these General Conditions and, if it be the case, the License Contract, the User only acquires the nonexclusive right to use the Applications.
No other intellectual property right covering the Applications are transferred or assigned to the User.
In all cases, iObeya remains the sole rights holder of the intellectual property of the Solution and the Applications.
The User will acquire no right of any kind over the names, logos or trademarks of iObeya, or over the names with which the Solution or the Applications have been or are distributed. The User is prohibited from using these names without the express written agreement of iObeya.
6.2. Intellectual property rights over the Content
The User acknowledges being informed of the fact that the Content that it distributes or that it views through the Applications may be protected by intellectual property rights.
The User consequently warrants that they have the reproduction rights or the representation rights necessary to distribute this Content that they publish through the Applications.
Distributing Content through the Application in no way indicates the transfer of intellectual property rights over this Content to other Users or third parties.
By distributing Content through the Application, the User nevertheless acknowledges and accepts that they are transferring to other Users a personal, nonexclusive and nontransferable right to use said Content. Consequently, the User warrants that they the necessary rights to transfer such a usage right.
6.3. Intellectual property rights over the Boards and the Rooms
The Boards and the Rooms created through the Applications may be protected by copyright as well as the sui generis right of database producers.
The User acknowledges and accepts that these Boards and Rooms, as collective works as defined by the Intellectual Property Code and as a database, are the exclusive property:
- either of a Customer holding a License Contract,
- or, in the event of creating Boards or Rooms by an Invited User having the status of Organizer, of the business in which the Invited User belongs and which they represent.
Article 7. Responsibility of the User
The User is personally responsible, legally, for their use of the Applications.
The User is specifically responsible for the Content that they distribute through the Applications.
Consequently, the User will hold iObeya entirely harmless in regard to distributing this Content.
Article 8. Exclusion of liability
This license, granted by iObeya, holder of the copyrights of the Application, does not include any guarantee.
Specifically, iObeya does not guarantee the conformity or suitability of the application to the User’s needs, or its compatibility with any material or any application, software or operating system whatsoever.
Furthermore, iObeya does not guarantee that the Application will function uninterrupted or that it is free from anomalies or viruses.
The User acknowledges that they use the Application under their own responsibility, and that it is their responsibility to protect their data.
Consequently, under the limits authorized by the law, iObeya will in no way be held liable in the event of damage, of any nature whatsoever, caused directly or indirectly by using the Application or for it being unusable.
Nevertheless, if iObeya’s liability is claimed, the entire compensation for which it is responsible, all damages taken together and no matter the basis for the User’s or the Customer’s claims, in no way will it exceed the total amounts effectively paid by the User under this Contract during the 12 months preceding the facts at the origin of the liability.
Article 9. Confidentiality
The User acknowledges being informed that all the information and data distributed through the Applications may be highly confidential, or relate to business secrets as defined by Article L. 151-1 of the French Commercial Code. This information and data may also contain personal data.
Consequently, the User, during the entire term of the Contract and for a term of five (5) years from the time it is terminated or comes to an end, undertakes that this information and data are protected and kept strictly confidential and are treated with the same degree of caution that the confidentiality policy of the company to which the User belongs requires.
Also, during this term, the User will oversee that the information and data are not used for purposes other than those of the Meeting.
It is specified that the term limit established in this clause does not apply to information and data related to business secrets, as defined by Article L.151-1 of the French Commercial Code.
Article 10. Personal Data
10.1. Personal data managed by iObeya in the capacity of data controller
Personal data processed by iObeya, in its capacity as a data controller, is subject to processing carried out in compliance with the regulations in force, specifically the provisions of EU Regulation 2016/679 of the European Parliament and the Council of 27 April 2016 related to the protection of natural persons in terms of processing personal data and the free circulation of this data (GDPR) and Law no. 78-17 of 6 January 1978 related to information technology, files and freedoms, as amended by the Law no. 2018-493 of 20 June 2018, and in compliance with iObeya’s Confidentiality Policy.
This processing is carried out according to the terms described on the page “Privacy Policy”, that the User acknowledges having viewed, and acknowledges accepting the terms without reservation.
Users have a right to access, rectify and erase their data, a right of portability, a right to restrict data processing and a right to object to data processing, related to their personal data.
These rights may be exercised after the death of the data subject by any person they have designated or by their heirs under the conditions described in Article 40-1 of the French law no. 78-17 of January 6, 1978 relating to information technology, files and freedoms.
Any request for information by Users related to the processing of their personal data, or any request related to exercising their rights over their personal data must be addressed to iObeya’s Data Protection Officer:
- either by letter:
iObeya
Data Protection Officer
1 rue Galvani
Bâtiment D
91300 MASSY
FRANCE - or by e-mail:
dpo@iobeya.com
Any request for information by Users related to exercising a right over their personal data must contain their first and last name, email address and postal address, and include a copy of a valid form of the User’s identity.
The User has the right to file a claim related to the processing of their personal data with the French National Commission for Data Protection and Liberties, CNIL (Commission Nationale de l’Informatique et des Libertés), 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07 – www.cnil.fr
The data processing carried out in the context of using the Application is detailed, depending on the case, in the special conditions applicable to the Application in question.
10.2. Personal data processed by iObeya, in the capacity of subcontractor, on behalf of the User or the Customer
In the context of providing the Solution and the Applications, iObeya hosts the data of its Customers and Users on the Platform.
In regard to personal data, processing this data is carried out by iObeya, in the capacity of “subcontractor” as defined by the personal data protection regulation for data processing, on behalf and on the instructions of the Customer or the User.
When a User is an Authorized User, the rights and obligations of the parties related to this processing are specified in the License Contract.
When a User is an Invited User, the rights and obligations of the parties related to this processing relate to the following provisions.
The Invited User states that they are informed themselves, or the business that represents them is, for data processing, that they have the capacity of “data controller” as defined by the personal data protection regulation.
The Invited User specifically states being aware that personal data can only be collected or processed in compliance with the personal data protection regulation, specifically the provisions of the above-mentioned French Law no. 78-17 and EU Regulation 2016/679.
Consequently, it is the Invited User’s responsibility to inform data subjects of the processing of their data and ensure, under their own responsibility, that there is a legal basis for processing the data, and that the data subjects have given their consent, where appropriate, to the collection and processing of their data and its transfer to third parties. It the Invited User’s responsibility to inform data subjects of their rights concerning their data and how to exercise such rights.
Consequently, the Invited User will hold iObeya harmless for any third-party claims related to processing personal data in the framework of using the Applications.
The information related to the processing of personal data, carried out by iObeya in the capacity of “subcontractor” as defined by the personal data protection regulation, on behalf and on the instructions of the Customer are described hereinbelow:
- Managing the users of the solution
- purpose of the processing: performance of the services stipulated in the contract
- duration of the processing: term of the performance of the contract plus 220 days (corresponding to the storage period for our backups)
- nature and purpose of the processing: automatic processing consisting of the management of users’ access to the “iObeya online” solution
- type of personal data: identification data, photographs
- categories of data subjects: iObeya solution users
- Management of user-generated Content
- purpose of the processing: performance of the services stipulated in the contract
- duration of the processing: term of the performance of the contract plus 220 days (corresponding to the storage period for our backups)
- nature and purpose of the processing: computer processing consisting of the hosting and management of Content generated by customers while using the “iObeya online” solution
- type of personal data: free, chosen by the customer (mainly data relating to the identification, professional contact details or schedule of the customer’s employees)
- categories of data subjects: free, chosen by the customer (principally the customer’s employees)
The Invited User states that the above-mentioned processing is in compliance with the purposes and methods for processing that they have determined in the capacity of “data controller” as defined by the above-mentioned regulation.
iObeya undertakes to respect the confidentiality of personal data processed in the context of this Contract.
Furthermore, in its capacity as “subcontractor,” iObeya undertakes:
- in the context of this Contract, to only process personal data upon the documented instructions of the Invited User, as data controller, including the transfer of personal data to a third-party country or an international organization, unless iObeya is required to do so under European Union or French law; in this case, iObeya will inform the Invited User of this legal obligation before data processing, unless the law in question prohibits such information on the important grounds related to public interests;
- to ensure that the individuals authorized to process personal data in the framework of the Contract undertake to respect the confidentiality or are subject to the appropriate legal obligations of confidentiality;
- to take all the measures required under Article 32 of Regulation (EU) 2016/679, in particular:
- to implement the appropriate technical and organizational measures to ensure a level of security appropriate to the risk;
- In this regard, iObeya states that it will make its best efforts to comply with good practices in terms of computer security.
- to take all appropriate measures to guarantee that any natural person acting under its authority, who has access to personal data, does not process it, except on the instructions of the Invited User, unless required to do so under French or European Union law;
- in the event of using one or several subcontractors:
- to not hire subcontractors without the express written authorization, specific or general, of the Invited User. In the case of a general written authorization, iObeya will inform the Invited User of any changes regarding the addition or replacement of subcontractors, thus providing the Invited User the possibility of objecting to these changes;
- when subcontractors are hired by iObeya, to carry out specific processing activities on behalf of the Invited User, to impose upon this subcontractor the same obligations in terms of the protection of data as those stipulated in this Article, specifically, to provide sufficient guarantees related to implementing the appropriate technical and organizational measures so that data processing is in compliance with the requirements of the personal data protection regulation;
- insofar as possible, to help the Invited User to fulfill their obligation to respond to data subjects’ requests to exercise their rights (the right of access, rectification, erasure and opposition, the right to restrict processing, the right to data portability, the right not to be the subject of automated individual decision-making, including profiling. In the event that a person subject to personal data processing directly contacts iObeya to exercise their rights, iObeya will provide this request to the Invited User, upon receipt, by email or to the contact address used for creating its User Account;
- to help the Invited User to guarantee compliance with the personal data protection regulation, and specifically the obligations established in Articles 32 to 36 of EU Regulation 2016/679, given the nature of the processing and information available to iObeya, specifically to help the Invited User, if necessary and upon request, to ensure compliance with the obligations arising from carrying out impact assessments related to the protection of data and the prior consultation of the Commission Nationale de l’Informatique et des Libertés (CNIL);
- based on the Invited User’s choice, to delete all personal data at the contract’s termination, or to ask them to destroy existing copies, unless French or European Union law requires that personal data be kept;
- to make available to the Invited User all the information necessary to demonstrate compliance with the obligations established in this Article. As such, iObeya will immediately inform the Invited User if the latter’s instructions, according to it, constitute a violation of the regulations on the protection of personal data.
In the event that iObeya were to become aware of a data breach in the context of the contract, iObeya would notify the Invited User of the data breach as soon as possible and provide the Invited User with any information they may need to comply with their own obligations.
Article 11. Claims
Article 12. Applicable Law and Competent Jurisdiction
The parties assign jurisdiction to the Paris Commercial Court, which alone is competent, even in the event of multiple defendants, introduction of a third party or interlocutory proceedings, to hear any dispute related to the validity, the interpretation, or the performance of this contract. Furthermore, any action against iObeya under this contract is statute limited to one year from the event giving rise to it.
II. Specific provisions applicable to the applications
Article 13. “iObeya ID” Application
When the User uses the “iObeya ID” Application, the provisions of this Article apply.
A User is considered using the “iObeya ID” Application:
- when they register in order to create a User Account through a User ID and password; or
- when they authenticate it to access the services provided by an Application.
By providing their information, the User confirms the accuracy of their information. In the event of incorrect information, iObeya reserves the right to suspend use of the “iObeya ID” Application and other Applications.
Article 14. “iObeya Team” Application
When the User uses the “iObeya Team” Application, the provisions of this Article apply.
A User is considered using the “iObeya Team” Application when they use the Solution as an Authorized User, in the context of the License Contract entered into between iObeya and a Customer.
In this event, the Application’s conditions for use are governed by the License Contract and by the provisions of these applicable General Conditions.
Article 15. “Whiteboarding Session” Application
The “Whiteboarding Session” Application is a functionality that is an integral part of the iObeya Team Application.
When the User uses the “Whiteboarding Session” Application, the provisions of this Article apply.
A User is considered using the “Whiteboarding Session” Application when they create, as an Organizer, a Whiteboarding Session or use the Application as a participant of a Whiteboarding Session.
15.1. Provisions common to all Users
15.1.1. Functionalities of the Application
The Application is an organizational and management functionality for Whiteboarding Sessions, the function of which is described in the help menu of the Application.
15.1.2. Access to the Application
A User of the Application is necessarily an Authorized User or an Invited User.
Access to a Whiteboarding Session is only open to the Organizer and Users who have received an invitation to participate in the Whiteboarding Session.
When a third party is invited to participate in a Whiteboarding Session, they may only access the functionalities of the Application after having registered as an Invited User.
An Invited User, in the capacity of Organizer, is authorized to create a Whiteboarding Session, to invite participants and to close this Whiteboarding Session.
Using the Application is reserved to strictly professional use; the Organizer undertakes:
- that the Whiteboarding Session that they organize are only for professional purposes;
- that the participants invited are informed of the professional nature of the Whiteboarding Session, and are only invited for exclusively professional reasons and use.
15.1.3. Confidentiality
At each Whiteboarding Session a unique Meeting identifier corresponds to it, which may be a URL, a code or a QR code, sent as an invitation to the participants of a Whiteboarding Session, which may be sent to Authorize Users, Invited Users or third parties.
The User of the Application is informed that any third party having the Whiteboarding Session identifier may join the Whiteboarding Session.
Consequently, in the context of the obligation of strict confidentiality, the User undertakes to maintain the confidential nature of this identifier, and to ensure that this identifier is in no way provided to unauthorized third parties.
Specifically, they will ensure to only provide this identifier in the framework of personalized invitations to individuals that they know are authorized to participate in the Whiteboarding Session, by ensuring beforehand the correctness of their email address.
It is strictly prohibited to share, in any way whatsoever, the Whiteboarding Session identifier on:
- social networks and instant messaging networks, other than the internal messaging system of their business;
- any website, and specifically any discussion forum, professional or not.
The User will in no way access a Whiteboarding Session or share the identifier for this Whiteboarding Session when the identifier for said Meeting has been erroneously disclosed.
15.1.4. Responsibility of the User
Any disclosure of a Whiteboarding Session identifier, in any way and through any means whatsoever, made in violation of these General Conditions is the personal responsibility of the User, and if it be the case, that of the business to which they belong.
It is expressly agreed that iObeya will not be held liable in the event of harm suffered by a User, a Customer or a third party, due to a Whiteboarding Session identifier being disclosed in violation of the User’s confidentiality obligations.
15.2. Provisions applicable to Invited Users
iObeya, free of charge, grants the Invited User, who accepts, a personal, nonexclusive and nontransferable license for use of the Application.
This license includes the right to use the Application and to invite Authorized Users, Invited Users or third parties to join a Whiteboarding Session.
Any use or any reproduction, even partially, of the Application, outside of the cases expressly authorized and the restrictions imposed by these General Conditions, is strictly prohibited and will lead to counterfeiting charges punishable by civil and penal prosecution.
This license does not indicate the assignment or transfer, to the User, of any intellectual property right over the Application, it is the nonexclusive right to use the Application under the conditions and limitations defined hereinbelow, which the User undertakes to respect.
The User is authorized to use the Application worldwide, exclusively for their own professional reasons or for those of the business to which it belongs.
Article 16. “Resource Center” Application
The “Resource Center” Application allows Users to access the User Support functionality and to download the Applications or their plug-ins.
The “Resource Center” Application uses cookies to identify the User. These cookies store the following information: last name, first name, email address, Username and User role.
Article 17. “iObeya” Application for mobile phone
Only Authorized Users of the Solution are allowed to use “iObeya” Application for mobile phone.
The provisions of:
- the License Contract;
- these General Conditions;
- the terms of use of the application store (Play Store or App Store) from which the “iObeya” Application is downloaded;
