Terms of use

The purpose of these Terms and Conditions of Use (the “TCU”) is to communicate the conditions for the provision of IT and intellectual services by the OPEE association (“the Service Provider”) to its users (the “User”) directly or via the website https://opee-sbat.org/ (the “Website”).

By accessing the service as described below (the “Service”), you become a User. Any use of the Website and the Service implies the User's express acceptance of these TCU and commitment to comply with them. In order to access the Service, the User must click on the “Acceptance” tab at the end of these TCU.

By clicking on the “Acceptance” tab, the User's acceptance of the TCU is deemed to be express and unequivocal. The User also accepts the use that may be made of the information it provides to the Service Provider through the Website. The Service Provider undertakes to make every effort to maintain the confidentiality of such information in accordance with the terms below.

The User's commitment to respect the terms of the TCU, once accepted, applies whether or not the User actually uses the Service. The User is free to refuse the terms of the TCU. However, this refusal will prevent the User from accessing the features of the Service, but will not release it from its obligations to comply with the rules governing the use of the Website found at the following link: Legal Notice.

The Service Provider reserves the right to unilaterally amend the TCU and will communicate the terms of this modification to the User in accordance with the conditions described below.

Article 1 – Purpose of the Service

1.1. The Service Provider is the association Observatoire des Pratiques des Entrepreneurs et des Entreprises (OPEE), whose purpose is to produce information and methods for business strategies analysis. The association's head office is located at 11 avenue Gloria, 06200 Nice;

1.2. The Service consists of providing the User with an economic analysis tool that gives rise to an evaluation report enabling the diagnosis of a company's situation. This analysis is based on questionnaires which the User answers after accessing the Service. The elements that make up this Service, including (i) the algorithmic tool, (ii) the questionnaires, and (iii) the software for processing the data and answers to the questionnaires, are jointly referred to as the “Platform”.

Article 2 – Access to the Service

2.1. Subject to acceptance of the TCU, the User is granted a non-exclusive, limited, non-transferable and revocable right to use the tool and services made available to the User. All rights other than those granted to the User are exclusively reserved to the Service Provider;

2.2. The right granted by the Service Provider is personal to the User. The Service provided to the User may under no circumstances be used for commercial purposes or be sold by the User, whether in its final or modified form, in whole or in part;

2.3. The Service Provider reserves the right to revoke the right to use the Service in the event of non-compliance with these TCU, at its own discretion and without this revocation giving any right to compensation of any kind whatsoever;

2.4. In order to access the Service, the User must register on the Service Provider's website and create an account with a username and password (the “Account”). We recommend using a password that combines different characters, numbers, letters, upper and lower case letters;

2.5. When creating this Account, the User must mention, if applicable, the organisation for which it is using the Service. In this case, the term User includes the entity on whose behalf the Service is used;

2.6. By creating an Account, the User undertakes to provide complete and accurate information, which must be kept up to date. The User shall refrain from giving access to the Platform to anyone other than the User, and must keep its password confidential by taking the necessary measures to prevent it from coming into the possession of a third party. The User must inform the Service Provider as soon as possible of any unauthorised use. The Service Provider shall not be liable for any use of the User's Account by a third party or for the consequences thereof;

2.7. By providing their email address and phone number, Users agree to receive all notifications coming from the Service Provider by SMS or email.

Article 3 – Commitment of the User

The User undertakes not to

3.1. copy, distribute, broadcast, modify or represent by any means or on any medium whatsoever, the elements constituting the Platform;

3.2. use automated systems on the Website or Platform, including, without limitation, computer robots or indexing tools, or to access and use the Service by means of an automated tool;

3.3. send advertising or inappropriate messages via the Platform;

3.4. attempt to interfere with or compromise the integrity of the security and access system of the Website and the Platform or the server hosting the Platform;

3.5. attempt to gain access by any means whatsoever to the algorithmic elements or data processing software that make up the Platform;

3.6. upload to the Website or Platform any virus, worm, Trojan horse or other undesirable program;

3.7. attempts to collect personal data through the Website;

3.8. use the Service for commercial purposes or commercial promotions;

3.9. bypass in any way whatsoever the security features installed on the Website granting access to the Service and the Platform;

3.10. access the Platform and the Service by a means other than that made available by the Website and the Service Provider;

3.11. modify or delete the reference elements relating to the Service Provider, appearing on the evaluation report which is the subject of the Service.

The User must also

3.12. whenever all or part of the evaluation report is used, its origin or the source of the information taken from it must be mentioned;

3.13. to inform the Service Provider, as soon as possible, of any use of the Service that is not authorised by these Terms and Conditions;

3.14. include the identity or logo of the Service Provider when referring to or mentioning the report.

Article 4 – Property rights

4.1. These TCU in no way constitute a transfer of intellectual property from the Service Provider or a third party to the User. The Website, the Platform, the Service and all the elements of which they are comprised, including without limitation, software, algorithms, images, texts, charts, illustrations, logos, trade names, domain names, photographs, ergonomic, audio, visual or audio-visual elements, design, structural layouts of the Website, language elements, questionnaires and all related intellectual elements are the exclusive property of the Service Provider or, as the case may be, of third parties.

4.2. The rights that the Service Provider hereby grants to the User are granted solely for the purposes of the Service. Any other use that is not specifically authorised is prohibited.

4.3. The User may make suggestions as to how the Service Provider may improve the Service. By doing so, the User accepts that they may be communicated to third parties anonymously and/or that the Service Provider may use them without compensation to the advantage of the User.

4.4. Subject to the User's prior agreement, the Service Provider may use the User's name as part of a reference list of Users.

Article 5 – Responsibility of the User

5.1. The User is solely responsible for the information it communicates via the Website and the Platform;

5.2. Its use of the Service, whether partial or total, as well as the report delivered to it, is under its sole responsibility;

5.3. The User undertakes to reimburse the Service Provider for any claims that the Service Provider may make against the User as a result of any use that does not comply with the rights granted to the User and the obligations to which the User is subject by virtue of access to the Website and the Service;

5.4. The User also undertakes to reimburse the Service Provider for any claim, to release the Service Provider from any liability and to stand in for the Service Provider in the event that the use of the Service by the User causes damage to a third party. All costs and charges resulting from a claim, including proceedings and defence costs, shall be borne by the User;

5.5. The fact that the Service Provider does not take action upon a breach by the User of one of the obligations referred to in the terms of these TCU shall not be interpreted as a waiver of the right to take action, for the future, upon the obligation in question or of any other obligation, in identical or different circumstances;

5.6. The User acknowledges that it is aware of the systemic nature of the analysis tool made available by the Service Provider, and that it is its responsibility to assess the results of the analysis submitted to it with a professional.

Article 6 – Termination of the Service

6.1. Access to the Platform may be terminated at the sole discretion of the Service Provider, in particular as a result of the User's failure to fulfil its obligations under these TCU;

6.2. The Service Provider reserves the right to suspend or terminate, without notice or compensation, the entirety of the Service, in the event of attempted illicit access to the Platform or the Website. The Service Provider also reserves the right to suspend or terminate access to the Service if, in its sole discretion, the User uses the Service in a way that is likely to cause harm to third parties, or which is contrary to public decency or order.

6.3. The User may interrupt or terminate the Service upon simple request.

Article 7 – Responsibility of the Service Provider

7.1. The User acknowledges that the Service Provider can under no circumstances guarantee an uninterrupted use of the Service and the Platform, without delay, without error or in accordance with the User's expectations;

7.2. The User releases the Service Provider from any commitment regarding the Service made available to the User and shall not held the Service Provider responsible for any issue regarding its use, content or results;

7.3. Given the nature of the Service and the tools implemented for this purpose, the Service Provider acknowledges that the Service cannot be error-free when processing data provided by the User. The User therefore accepts that the Service Provider cannot be held liable for any direct, indirect, incidental or future loss or damage resulting from the loss, alteration or corruption of this data. The Service Provider strongly urges the User, before transferring any information to the Platform, to make sure that it is backed up in its own system beforehand.

7.4. No express or implied warranty is provided by the Service Provider to the User;

7.5. The Service Provider may under no circumstances be held liable for the use of the Service vis-à-vis third parties;

Article 8 - Confidentiality

8.1. The Service Provider undertakes to treat the data transmitted by the User via the platform as confidential. The Service Provider undertakes to implement all the necessary tools to protect this data, but cannot guarantee any unauthorized third party irruption into its systems or the server hosting its Service.

Article 9 – Assignment

9.1. These TCU and the rights granted to the User may not be assigned or transferred under any circumstances;

9.2. The Service Provider may, for the purposes of developing its Service, assign or transfer the Website and Platform to a third party. The User accepts in advance that the data and information communicated to the Service Provider when creating an Account or using the Platform and the Service may be transferred to this third party subject to the full and complete transfer of the Service Provider's rights and obligations, in particular those relating to confidentiality.

Article 10 - Terms of application

10.1. The Service Provider may modify these TCU with prior notice. The Service Provider will inform the User by email or by any other means of communication, within a reasonable period of time, before the implementation of the changes. The new terms will become effective at the end of this notice period. The User's decision to continue using the Service will constitute its acceptance of these new terms. The use of the Service from this date onwards will be governed by these new terms. The Service Provider may in particular ask the User to formally accept the new terms and conditions through the same acceptance process that gave the User the right to access the Service the first time;

10.2. If one of the provisions of these TCU is deemed contrary to a national or international law of public order, only the provision in question will be deemed unwritten, with the User's commitments remaining valid for all the other provisions.

Article 11 – Applicable Law and Jurisdiction

11.1. These TCU are governed by French law;

11.2. Any difficulty concerning their performance or interpretation shall be submitted to the sole jurisdiction of the Court of Nice.