Talkspirit is a web and mobile platform, accessible at the following address: www.talkspirit.com and all the attached pages (the "Platform") operated by Talkspirit, a simplified joint stock company with a capital of 16,000 euros, whose registered office is located at 72, rue du Faubourg Saint-Honoré in Paris (75008), registered with the Paris Trade and Companies Registry under the identification number 479 109 332 and whose intra-community VAT number is 479109332. The said platform provides access to various centralised and managed communication services within a single interface.
The purpose of these General Terms and Conditions of Use (the "Terms" or, taken as a whole, the "Contract") is to define the terms and conditions governing relations between Users, which are defined as all natural or legal persons having access to the Platform. In the event of non-compliance with the terms of these Conditions, Talkspirit reserves the right to take any measure likely to protect its interests and notably to ensure their execution.
The User undertakes on each of his visits to the Platform to respect all of these Conditions without any reservation. Consequently, the User acknowledges having read the Conditions and agrees to be bound by these provisions. If the User accesses the Platform on behalf of a company or any other legal entity, he is nevertheless personally bound by this Contract.
Access to the Platform is restricted to natural persons or legal entities holding an access to the Platform. The said access is granted in accordance with the contractual agreements concluded with Talkspirit by the legal entity or group of individuals or legal entities (the "Organisation") having subscribed to a subscription giving a right to access and use the Platform.
The creation of an account is a mandatory prerequisite for access to the Platform.
Once access has been granted by the Organisation, the creation of the account presupposes the completion of a form provided for that purpose. The information requested, in particular the email address, must be accurate, up to date and complete. This information must subsequently be regularly updated to ensure its accuracy.
Access codes to the User account are strictly confidential. In the event of unauthorized use of his account or of any breach of confidentiality and security of his means of identification, the User shall inform talkspirit without delay.
Each User undertakes to create only one account corresponding to his/her profile.
With the present Conditions, Talkspirit grants Users a limited, revocable, non-exclusive, non-transferable right of access to the Platform on a strictly personal basis. Any contrary use of the Platform for its purpose is strictly forbidden and constitutes a breach of the present provisions.
The use of the Platform requires a connection and an internet browser. In order to guarantee a good functioning of the Platform, it is specified that the Platform is optimised for:
- a screen resolution of 1280×768 pixels;
- the latest versions of Internet Explorer, Chrome, Firefox and Safari browsers as specified in the knowledge base at this address.
The Platform is also accessible via the Talkspirit mobile application available and optimized for the latest versions of Android and mobile iOS as specified in the knowledge base at this address.
All hardware and software required to access the Platform shall remain the sole responsibility of the User.
Talkspirit reserves the right in particular to suspend or refuse access to the Platform to one or more Users.
The Users shall refrain from:
1. Transmitting, publishing, distributing, recording or destroying any Content (as defined in Article 3);
2. Disseminating data, information or content of a defamatory, insulting, obscene, offensive, violent or inciting to violence, or of a political, racist or xenophobic nature and in general any content that would be contrary to the laws and regulations in force or to good morals;
3. Referencing or creating links to any content or information available from the Platform;
4. Using the Content or any data present on the Platform in order to offer a service considered, at Talkspirit's sole discretion, as competitive with Talkspirit;
5. Selling, exchanging or monetizing any Content without the express written consent of Talkspirit;
6. Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to obtain source code in relation to any underlying intellectual property;
7. Using software or manual or automated devices, coding robots or other means to access, explore, extract or index any page of the Platform;
8. Endangering or attempting to endanger the safety of the Platform. This includes attempts to monitor, scan or test the vulnerability of a system or network or to violate security or authentication measures without express prior authorization;
9. Counterfeiting or using the products, logos, brands or any other element protected by Talkspirit's intellectual property rights;
10. Simulating the appearance or operation of the Platform, for example by using a mirror effect;
11. Disrupting the Platform's services, directly or indirectly, imposing a disproportionate burden on the Platform's infrastructure, or attempting to transmit or activate computer viruses via or on the Platform.
It is reminded that violations of system or network security may lead to civil and criminal proceedings. Talkspirit verifies the absence of such violations and may call upon the legal authorities to prosecute, if necessary, Users who have participated in such violations.
Users undertake to use the Platform in a fair manner, in accordance with its professional purpose and the legal and regulatory provisions, these Terms and Conditions and current usage.
The entire content of the Platform, excluding data uploaded directly or indirectly (notably web services) by Users (the "Content"), including designs, texts, graphics, images, videos, information, logos, button icons, software, audio files and others, belongs to Talkspirit and its partners.
Any representation and/or reproduction and/or partial or total exploitation of the Content offered by Talkspirit, by any process whatsoever, without the prior written authorisation of talkspirit, is strictly forbidden and could lead to legal proceedings.
All personal data available to talkspirit is collected lawfully and fairly.
The Company assumes, within the meaning of the EU Regulation 2016/679 of 27 April 2016, only a role as a processor of the Organisation in the processing of personal data.
Accordingly, only the Organisation determines the purposes and means of the processing of personal data. Personal data shall only be processed by the Company upon documented instruction from the Organisation, including in relation to transfers of personal data to a third country or to an international organisation, unless the Company is required to do so under Union or national law; in this case, the Company shall inform the Organisation of this legal obligation prior to processing, unless the law concerned prohibits information on important grounds of public interest.
Talkspirit does not control the content of the Platform that is provided by Users. Consequently, Talkspirit gives no guarantee as to this content and shall in no way be held responsible for this content.
Talkspirit has no general obligation to monitor the data and content provided by Users, nor any obligation to delete content that does not appear to be clearly illicit, notwithstanding the fact that it has been reported. In accordance with the provisions of the present Conditions, Talkspirit may in any case delete obviously illicit content and suspend or close without delay the account of the User concerned, and as a last resort, the account of the Organisation, without the latter being able to claim compensation if this deletion is justified by the violation of any provision of the present Conditions. Talkspirit undertakes to study within a reasonable period of time any appeals that may be addressed to it by a User or an Organisation following such suspension or closure, in order to re-examine its decision if necessary.
Talkspirit does not guarantee that the User's use of the Platform will not infringe the rights of third parties.
The role of Talkspirit is limited to the technical presentation of the Platform. Talkspirit shall remain a third party for acts concluded by Users following the use of the Platform, and shall not be liable for the consequences of such acts in any capacity whatsoever.
Users are reminded that data published by Users and information shared by them may be captured and used by other Users. In this sense, Talkspirit does not guarantee the respect of the ownership of this data. It is the responsibility of the User to take all necessary measures to ensure that the ownership of his data is preserved.
The User must ensure that the data is sent to the Platform and may not blame the Service Provider on any grounds whatsoever for the non-receipt or loss of the data transmitted. The User shall ensure that a backup of the transmitted data is kept.
Talkspirit does not guarantee uninterrupted or error-free operation of the Platform. In particular, Talkspirit shall not be held liable in the event of interruption of access to the Platform due to maintenance operations, updates or technical improvements.
In any case, Talkspirit shall under no circumstances be liable for any indirect or unforeseeable loss or damage of the User or any third party, including in particular any lost profit, any unfortunate investment, inaccuracy or corruption of files or data, damage to image or business, loss of turnover or profit, loss of clientele or loss of chance linked to any title and on any basis whatsoever.
Furthermore, Talkspirit shall not be liable for any delay or non-performance of this Contract justified by a case of force majeure, as defined by the jurisprudence of French courts and tribunals.
Computer systems and files are proof of the relationship between Talkspirit and the User.
Thus, Talkspirit may validly produce in the context of any procedure, for the purposes of proof, data, files, programs, recordings or other elements received, transmitted or stored by means of the computer systems operated by Talkspirit, on any digital or analogical media, and may use them, except in the case of obvious error.
The fact that any of the provisions of the Contract is or becomes illegal or unenforceable shall in no way affect the validity or enforceability of the remaining provisions of the Contract.
The conclusion, interpretation and validity of this Contract shall be governed by French law, whatever the country of origin of the User or the country from which the User accesses talkspirit and notwithstanding the principles of conflict of laws.
In the event that a dispute concerning the validity, performance or interpretation of this Agreement is brought before the civil courts, it shall be subject to the exclusive jurisdiction of the Commercial Court of Paris, to which jurisdiction is expressly attributed, even in the event of summary proceedings or multiple defendants.
The User is informed that he or she may in any event have recourse to conventional mediation or any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.