Terms of Use

1. Purpose

Accessible via www.fluidityapp.com (Hereinafter: the “Solution”, “we”, “us”, “Our”), the purpose of the Solution is to help the users (in either case: the “users”, “You”) to manage their meetings, presentations, seminars, trainings or any other session where an Organizer ask feedback from a group of people, on site or remotely (together: “Sessions”). 

These Terms and Conditions of Use (this “Agreement”) are entered into by the Solution and the entity executing this Agreement (“You”). 

A presentation of the Solution is available on www.fluidityapp.com (herein: the “Site”). 

Please read carefully these General Conditions. They aim at defining the Terms and Conditions of Use set on the Solution (Herein: the “Services”) and also at defining the rights and obligations of the different parts in this context. 

They are accessible and printable at any time by clicking on here. 

If appropriate or necessary, these Terms and Conditions of Use can be supplemented by additional specific Conditions of some services which shall prevail on the Terms and Conditions of Use in the event of dispute.

2. Organizer of the Site, the Solution and Service

The Site and Services are operated by L’Agence Fluidity, a French Simplified Stock Company registered on the Paris trade and companies Registry under the number 800 831 232, and headquartered at 143 avenue de Suffren 75007 PARIS, FRANCE (named in the context: “Solution”, “Fluidity”, “FluidityApp”, “we”, “us”). 

Email address: contact@fluidityapp.com 

3. Eligibility and access to the Solution and Services

The Solution and Services are dedicated to individuals with full legal rights to commit to the following general conditions. If not the case, the consent of the legal representative or guardian is compulsory. 

Access to the Solution and Services is also disclosed to any legal entity via an individual with full legal rights to form a binding contract in the name and on behalf of the corporation. 

4. Registration

Users who subscribe to the Services either by registering to the Solution, or by requesting a personalized price quote within the following conditions: 

4.1 Registration to the Solution 

Registration to the Solution is submitted through filling in the registration form available on the Solution, 

By completing the registration process, users agree to provide Fluidity with all the compulsory, accurate and complete registration information. Any lack of information will cancel the subscription. 

– A Fluidity account is automatically created at the subscription in the name of each user (hereinafter: the “account”), allowing him or her access to a work space (hereinafter: “the work space”). The Work Space enables users to manage their use of the Services in accordance with Fluidity technical measures useful to a good functioning. 

– Users ensure that all the information provided in the registration form or via associated sites indicated above are accurate, updated and not misleading. 

– Users commit themselves to updating any inaccurate or changed information within their Work Space in order to comply with the measures above. 

– Users are informed and they warrant that any information filled in for the creation of their account or its update, are proof of their identity. By filling in the form with his or her information, the user engages himself or herself as soon as the account is created. 

4.2 Services Ordering 

Users can also subscribe to the services by contacting Fluidity in order to estimate a monthly/yearly cost or a customized offer. It is up to the user to provide with all the useful information for identifying his or her needs and expectations. 

Fluidity will create and send a quote to the users, giving more precisions on the nature of the requested Services and their pricing. Fluidity will use any appropriate writing form, including email, and add the current Terms and Conditions of Use. The user allows the estimate signed and send it back to Fluidity. 

Except where otherwise specified, the price quote and offers given Fluidity are valid for a month from the date of issue. In the absence of proper validation by the customer within this prescribed period, they become null and void. 

Following the receipt of the signed quote, Fluidity creates an account in the name of the user in accordance with the above prescribed conditions. 

4.3 Common Provisions 

At any time, you can access your Work Space by signing up with your username and password. 

As a user, you agree to have a private use of the Services and not to allow any other person or entity to use it on your behalf. It is strictly forbidden to disclose your username and password to a third party. 

You are also responsible for maintaining the privacy of your username and password. Any access to the Solution is considered to be done by the Organizer of the account. 

If for any reason, you suspect that your username and your password have been disclosed to or obtained by another party, you should contact Fluidity immediately using the contact details included in the article 2. We are responsible for applying all the appropriate measures in such cases. 

 

5. Agreement with the General Conditions

By clicking on the “I am over 16 years old and I accept the general terms and conditions of use and the privacy policy” button, completing the registration process, and using the Solution and the Services, you acknowledge that you have reviewed this agreement. 

About users who asked for a price quote to Fluidity, any validation of the quote leads to a full and total agreement with the last updated General Conditions. 

By using the Solution and Services, any user, non-registered to the Solution (hereinafter: “the visitors”) agree to be bound to these General conditions without restriction nor reserve. 

Any conditional registration is considered as null and void. 

6. Services

L’Utilisateur a accès aux Services qui suivent, sous une forme et selon les fonctionnalités et moyens techniques que Fluidity juge les plus appropriés, en fonction de l’Abonnement souscrit. Le détail des Services accessibles par formule d’Abonnement est indiqué sur la Solution. 

6.1 Organisation d’une Session

Users have access to the following Services, in accessible forms and with the appropriate features and technical conditions provided by Fluidity, in accordance with their subscription. 

Details on the Services per pricing plan are indicated on the Solution. 

6.1 Organizing a Session 

6.1.1 Creation of a Session 

Every registered user can create a session in accordance with the Solution process. 

The Session creator (hereinafter: “Organizer”) can restrict his or her Session access with a password. 

6.1.2 Sending invitations to join the Solution and Services 

The Organizer shares invitations to other users (hereinafter: “Participants”) in order to take part in the Session, via a personal email  including an Autologin link. The Organiizer can also have an email sent to users prompting them to create their own password, allowing them to access to the Solution at their best convenience.

Users need to click the Autologin link or fill in the appropriate Solution password code to join the work space and access to the Session as a participant. 

An option is given to the Organizer to add facilitators to assist him or her during the presentation. 

6.2 Conduct of a Session 

6.2.1 Organizers’ use of a Session 

The Organizer is sole responsible for organizing the conduct of his or her Session.

Organizer as well as Participants can publish any content on their Work Space (texts, graphics, audio and video files, or any other files) and share with the other Participants during the Session (“Content”). 

The session is set for the period defined by the Organizer. The Organizer and the Facilitators are free to close it at any time. 

6.2.2 Features 

Fluidity makes available online features and support documentation (“Support”) on www.fluidityapp.com 

The Organizer is free to choose any available Support as part of his or her subscription. He or she is sole responsible for the use of Support. 

6.4 Session Customization 

The Organizer is able to set his or her Session for a purpose of customization by adding his or her name, trademark or logo in the features used throughout the Session. 

For any other specific request, Fluidity will submit a quote to be endorsed by the User in question in accordance with the Article 4.2 “Services Ordering”. 

6.5 Specific Services Ordering 

At any time, Users can order specific Services related to the creation and the implementation of a Session. 

For any other specific request, Fluidity will submit a quote to be endorsed by the User in question in accordance with the Article 4.2 “Services Ordering”. 

6.6 Statistics 

Organizers can find on their Work Space statistics related to the tool and features used on a Session (including the count of participants and their feedbacks on the Session conduct).

6.7 Other Services 

For a good functioning of the Services, Fluidity can propose any useful service in accordance with the appropriate features and technical means. 

7. Fees and Payment

7.1 Pricing 

Access to the blog is free of charge. 

The creation of a Session is free for a maximum number of Participants. This number is indicated on www.fluidityapp.com. 

Above this maximum number, Users can subscribe to our offers, indicated on www.fluidityapp.com (“Subscription”). 

Unless otherwise specified, our subscription fees are in Euros and they are pre-tax price. 

Fluidity reserves the right make special offers and discounts, in our discretion and under specific procedures. 

7.2 Price review 

Fluidity reserves the right to review the prices of the Services. 

Fluidity will inform the Users in the event Price review, upon writing notice, including by email at least one month before the entry into force of the new pricing. 

Once their effectiveness, the new pricing is applied at the renewal of the subscription. 

Users who refuse the new pricing must terminate his or her subscription in accordance with the procedures prescribed at the article 19 “Duration of the Services, cancellation of subscription”. A lack of notice from the User leads to an agreement with the new prices. 

7.3 Billing 

Services are subject to billing cycles and invoices which are sent to the users under any appropriate means. 

7.4 Payment conditions 

Payment of the subscription fees can be done online, with credit card, by bank transfer or direct debit, through a payment service provider indicated on www.fluidityapp.com or any other means available on www.fluidityapp.com during the order. 

Credit card payment is implemented by a payment service provider who is sole allowed to retain the Users’ bank data in this process. We, Fluidity, do not retain any bank data. 

The subscription fees are due and automatically charged the day of subscription and on every anniversary of the subscription date when a renewal is operated. 

The User provides Fluidity with a direct debit authorization. He or she guarantees the effectiveness of the direct debit of his or her subscription fees. 

7.5 Late payment and payment incident 

In accordance with the article 13 “Penalties”, the user is informed and he or she expressly accept that any late payment will automatically lead to: 

(i) The close-out of the contract and the immediate payability of all due sums, 

(ii) the immediate suspension of the Services in progress until full payment of the due amount and fees by the user, 

(iii) the billing on behalf of Fluidity of a penalty interest of three (3) times the French legal rate of interest, assessed on the complete due amount by the user, liable to fees of forty (40) euros for recovery costs, without prejudice of any additional compensation if the the incurred recovery costs are superior than the amount. 

8. Right of withdrawal

For Users who are natural persons using the services for their private need and for any other need than professional ones, we inform them that they have the right of cancellation within fourteen (14) days after the date of their registration on the Solution or the date after their subscription. They can apply this right by contacting Fluidity before the end of the prescribed cooling-off period. The cancellation form is attached to these General Conditions or any other declaration totally unambiguous and expressing their wish to cancel the contract. 

If this right is applied, Fluidity refunds all the payments received from the user, without undue delay, and either way, no later than fourteen (14) days from the date the user notifies Fluidity of his or her decision to withdraw. the refund will be done through the same means payment used by the user at the initial transaction, unless the user expressly accept another means. At all events, the user will not be billed for this refund. 

If the Users requested the provision of the Services before the end of the above-mentioned withdrawal period, they can exercise their right withdrawal. In this case, they will be liable to Fluidity for the subscription fees prorated by the days elapsed until the notification to Fluidity of their decision to withdraw. 

9. Convention of proof

The user expressly acknowledges and accepts: 

(i) the authenticity and the accuracy of data retained on the Solution and on Fluidity IT equipments during any transaction or operation in the framework of these General Conditions of Use. 

(ii) that these data are the core mode of proof established between the parties in calculating any amount due to Fluidity. 

Users can access their data via their Work Space. 

10. Users’ obligations

Without prejudice to the other obligations prescribed in these General conditions of use, users engage themselves to comply with the following obligations: 

10.1 Throughout their use of Services, users engage themselves to comply with the laws and rules in force. They undertake to respect any third-party’s rights and comply with the public order. They are solely responsible for the good achievement of all the formalities, including the administrative ones, the payment of taxes and/or social security contributions of any nature and as consequences of their use of the Services, if need be. 

In any case, Fluidity may not be rendered liable for users’ failure to comply with their obligations. 

10.2 Via the website www.fluidityapp.com , Users confirm to be aware of the characteristics and constraints, including the technical ones, and the set of the offered Services. Users are solely responsible for their use of the Services, and namely any relationship they will establish with other Users. They are solely responsible for information and communication they will disclose and undertake in the framework of their use of the Services. Fluidity invites Users to exercise prudence and good judgement throughout these relationships and communications. Furthermore, they engage themselves to use and follow the usual formulas of courtesy throughout their relationship with other users. More specially, the Organizers are solely responsible for (i) the good conduct of the Sessions they organize. They are (ii) guardians of their facilitators’ use of the Services and also (iii) guardians of the relationship they will undertake with the facilitators and participants, including any dispute originating from the use of the Services. 

10.3 Users acknowledge that Services are for strictly personal use only. In accordance with these General Condition of Use and in any way, they shall not assign, grant or transfer all or part of their rights or obligations to a third party, 

10.4 Users engage to provide Fluidity with all the information needed for the proper functioning f the Services. More generally, Users engage to collaborate actively with Fluidity for the purpose of the successful implementation of these General Conditions of Use. 

10.5 Users are solely responsible for the contents they back up on the Services (the “Contents”). They declare to have all the rights and authorizations required to disclose all these Contents. They ensure that Contents are recognized lawful and will not be contrary to the public order, to the accepted standards of good behavior or to the rights of a third party. They ensure that Contents will not infringe legal provisions. More generally, they ensure that Contents shall not involve our civic or criminal responsibility. They shall not disseminate Contents that are obscene, pornographic, indecent, racist, violent, defamatory, false, misleading, evading the privacy of others, proposing or promoting illegal activities, containing destructive features (such as viruses, worms, trojan horse, etc.) and more generally harmful to other persons’ rights in any way. 

10.6 Users acknowledge that the Services provide them with an extra solution, not an alternative one, for organizing and managing their events or for taking part in events. They acknowledge that this solution is not intended to replace any other material already used for the same purpose. 

10.7 Users are solely responsible for saving their information on their Work Space. Fluidity shall make no copy. Fluidity is not liable for the potential loss of Contents. Therefore, Users are not entitled to any restitution. 

10.8 Users are informed and they accept that the proper implementation of the Services needs and depends on a quality Internet connection. 

11. warranty of the User

Users warrant Fluidity against any complaint, actions and / or claims of any kind that Fluidity may suffer from as a result of User’s breach of any of their obligations or warranties under these terms and conditions. 

They agree to compensate us for any harm we may suffer and to refund us all the fees, charges and / or convictions that we may consequently have to pay for. 

12. Forbidden acts and activities

12.1 It is strictly forbidden to use the Services for the following purposes: 

– illegal, fraudulent, unauthorized use or activities infringing the rights and the security of a third party, 

– infringement of the public order or violation of the laws and rules in force. 

– Intrusion, damage, control, interception of or interference with all or a part of a third-party’s computer system, its integrity or security. 

– sending unsolicited emails and/or emails for the purpose of commercial canvassing or soliciting. 

– computer manipulation for the purpose of improving the referencing of third-party website. 

– help or incitement, in any way and form, to one or several acts or activities described above. 

– and more generally, any act or activity contrary to the purpose of the Services. 

12.2 Users are strictly forbidden to copy and/or divert to their profit or to a third party any concept, technologies, all or a part of the data or any other element of the Fluidity Site. 

12.3 the following acts or activities are forbidden: 

(i) any activity or act that could interrupt, slow down, disorganized or discontinue the Services, 

(ii) any unlawful access or attempted intrusions in the system of Fluidity, (iii) diversions of the Solution system resources, 

(iv) any action that will constitute a disproportionate burden on the infrastructures of the Solution, 

(v) any interference with the measures of security and authentication, 

(vi) any act or activity that could infringe the financial, commercial or moral rights and interests of Fluidity or those of the Solutions’ Users, (vii) and finally, any failure to comply with these General Conditions. 

12.4 it is strictly forbidden to request payment, to sell or to sub-license all or a part of the access to the Services or the Solution, including data hosted or shared by the Services and Solution. 

13. Penalties

In the event of breach of these General Conditions or more generally, in the case of violation of laws and regulations in force, by a user: 

(i) Fluidity reserves the right to take all the necessary actions against the user, author or party of the breach, consisting in : 

– stopping the access to the Services, 

– deleting any content published on the Services and/or on the Solution, – publishing any useful information or warning message 

– notifying the appropriate authority, – undertaking legal actions. 

(ii) Fluidity also reserves the right to restore users’ access to the Services: 

Either automatically, fifteen (15) days after a formal notification without response from the user, with acknowledgement of receipt, mentioning the intention to comply with this term. 

Or in the case of reiteration of the breach, previously reported by a registered letter with acknowledgement receipt, the resolution taking effect automatically on the date when sending the registered letter with acknowledgement receipt reporting on the repeated breach. 

…without prejudice of any damage and interest claims to the user. 

The resolution automatically entails the deletion of the User Account, without prejudice to any other consequences that may be induced by these terms and conditions. 

14. Liability and warranty

14.1 Fluidity undertakes to provide the users with the services diligently and in accordance with the state of the art, not forgetting that Fluidity has obligations of means, excluding any obligation of result, which the Users expressly acknowledge and accept. 

14.2 Fluidity is not responsible for the content posted by the users in the context of the Services. Fluidity does not make any modification, selection, verification or control of users’ contents. Fluidity is solely a Hosting service provider. 

Hence, Fluidity is not responsible for the Contents created by third parties. Any possible claim must be directed in the first place to the author of the Content in question. 

Contents harmful to a third party may expressly be the subject of a notification to Fluidity according to the prescribed terms in Article 6 I 5 of the French law No. 2004-575 of June 21, 2004 known as the law for building Confidence in the Digital Economy. Fluidity reserves the right to apply the actions prescribed in Article 13 “Penalties”. 

14.3 Our liability is restricted to providing tools and technical means enabling the users to organize Sessions, to manage them and / or take part in them. Fluidity cannot intervene in the organization or the management of the Sessions. 

Fluidity acts in his own name and cannot act in the name and on behalf of the Organizers, Facilitators and Participants, who contract directly between themselves. 

Fluidity is not party of any binding contract concluded between the Organizers and the Facilitators and the Participants. Under no circumstances, Fluidity cannot be liable for the difficulties that may arise during the conclusion or execution of these contracts, nor be part of any resulting dispute. 

14.4 Fluidity undertakes some regular controls in order to verify the operation of the Solution and its accessibility. As such, Fluidity reserves the right to temporarily interrupt the access to the Solution for maintenance reasons. Likewise, Fluidity cannot be held responsible for temporary difficulties or unavailabilities of the Solution resulting from external circumstances, force majeure, or due to disruption of telecommunication traffics. 

14.5 Fluidity cannot guarantee to the Users : 

(i) that Services will be uninterrupted or error free since they are subject to constant research to improve their performance and progress, (ii) that the Services, being standard and not proposed for the sole and unique purpose of a given User and according to his or her own constraints, will specifically meet his or her needs and expectations. 

14.6 In any event and in accordance with these general conditions, the potential liability that may be incurred by Fluidity, hereunder, is expressly limited to the solely proven direct damage suffered by the Users. 

 

15. Fluidity Intellectual Property

The systems, software, structures, infrastructures, database and contents (texts, images, visuals, music, logos, brands, database, etc.) used by Fluidity within the Site and the Solution are protected by any intellectual property rights or rights of database producers in force. Any disassembly, decompilation, decoding, extraction, reuse, copies and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Fluidity are strictly prohibited and be subject to prosecution. 

16. Personal Data

16.1 General Provisions 

Fluidity and the Users respectively commit themselves, each as far as they concerned, to complying with the French Act n° 78-17 of 6 January 1978 on Information technology, Data files, and Civil liberties, in its present version « Information Technology and Civil Liberties » and with the EU General Data Protection Regulation 2016/679 of 27 April 2016 (hereinafter: General Data Protection Regulation « GDPR »). 

For this purpose, Users declare to be informed that Fluidity complies with a policy of personal data protection clearly explained in the document entitled “Charter relating to the protection of personal data”, which they are expressly invited to read carefully. 

16.2 Personal data processing by the Organizers 

16.2.1 Characteristics of the processing 

In order to enable the Organizers to organize their Sessions, Fluidity may need to process the data of the Participants and the Facilitators, in particular the personal data (“Personal data”). 

Personal data are hosted and processed in the purpose of the Services’ implementation. 

The personal data processed are data concerning the identification of the Participants and Facilitators. 

Targeted categories of people are the Participants and the Facilitators. 

The Organizers remain the sole Organizers of their Sessions and they are solely responsible for the processing of Personal Data in the purpose of accessing the Services. Fluidity is exclusively a sub-contractor of personal data processing. 

16.2.2 Our obligations as sub-contractor Fluidity agrees to: 

(i) Process Personal Data exclusively for the purposes of these General Conditions, 

(ii) Process Personal Data in accordance with documented instructions of the Organizers. If Fluidity considers an instruction as a violation of the GDPR or of any other provision of European Union law or of the data protection law of the Member states, we shall immediately inform the Organizers. Furthermore, if Fluidity is required to transfer personal data to third countries or to an international organization, in accordance with the European Union law or of the law of the Member States which we are subject to, we must inform the Organizers of this legal obligation prior to processing, unless the right in question prohibits such an information for important reasons of public interest; 

(iii) Guarantee the privacy of Personal Data in the framework of the Services’ implementation and its performance. 

(iv) Ensure that, under these General Conditions, the persons authorized to process the Personal Data hereunder: commit themselves to respecting the privacy or are subject to a proper legal obligation and privacy practices; receive the necessary training in the protection of personal data. 

(v) think about the principles of data protection at the conception and standard data protection, as far as tools, products, applications or services are concerned. 

(vi) Sub-processing: Fluidity may use another sub-processor (hereinafter: “the Sub-processor”) to undertake specific processing activities. In this case, any future change should be notified to the Organizers in advance and in a writing format, concerning the addition or replacement of other Sub-processors. This information should clearly indicate the sub-processing activities, the Sub-processor’s identity and contact information, and the date of the sub-processing contract. 

The Sub-processor is required to comply with these General Conditions on behalf of and according to the Organizers’ instructions. It is up to Fluidity to ensure that the Sub-processor provides the same sufficient guarantees for implementing the proper technical and organizational actions so that the processing meets the requirements of the GDPR. If the sub-processor fails to fulfill its data protection obligations, Fluidity remains fully liable to the Organizers of the other sub-processor’s compliance with its obligations. 

(vii) Exercise of the Rights of Individuals: Where applicable, and as far as possible, Fluidity shall assist the Organizers in fulfilling their obligation to respond to requests for the exercise of the rights of the data subject: right of access , rectification, erasure and opposition, right to limitation of processing, right to portability of data, right not to be the subject of an automated individual decision (including profiling). 

When the data subjects apply to Fluidity some requests for the exercise of their rights, Fluidity must send these requests by email as soon as they are received. 

(viii) Notification of Personal Data breaches: Fluidity notifies the Organizers by email of any violation of Personal Data within seventy-two (72) hours after being notified. This notification is accompanied by any useful documentation to enable the Organizers, if necessary, to notify this violation to the appropriate supervisory authority. 

(ix) Fluidity’s assistance in the framework of the respect of the Organizers’ compliance with their obligations: Fluidity helps the Organizers if they intend to carry out a data protection impact assessment, as well as the prior authorization of the supervisory authority for the realization of the potential consultation. 

(x) Security measures: Fluidity is committed to implementing the technical and organizational measures that ensure a level of security adapted to the risk. 

(xi) Release of data: At the end of the Agreement, Fluidity undertakes to return all Personal Data to the Organizers and destroy them. 

(xii) Data Protection Officer: Fluidity informs the Organizers of the name and contact details of its Data Protection Officer, if it has mandated one in accordance with Article 37 of the GDPR. 

(xiii) Processing Activity Category Registry: Fluidity declares that it maintains in writing a record of all categories of processing activities performed on behalf of the Organizers including:

– the name and contact information of the Organizers who Fluidity acts for, any subcontractors and, if need be, the data protection officer; 

– the categories of processing carried out on behalf of the Organizers; 

– where applicable, transfers of Personal Data to a third country or to an international organization, including the identification of that third country or that international organization and, in the case of transfers referred to in Article 49 (1) , second paragraph of the GDPR, the documents certifying the existence of appropriate guarantees; 

– as far as possible, a general description of technical and organizational security measures, including, inter alia, as appropriate: 

– pseudonymisation and coding of Personal Data; 

– means to ensure the ongoing privacy, integrity, availability and resilience of processing systems and services; 

– means to restore the availability of Personal Data and access to it in a timely manner in the event of a physical or technical incident; 

– a procedure to test, analyze and regularly assess the effectiveness of technical and organizational measures to ensure the safety of processing. 

(xiv) Documentation: Fluidity provides the Organizers with the necessary documentation to prove compliance with all of its obligations and to allow for the conduct of audits, including inspections, by the Organizers or any other auditor they would mandate for this purpose, and contribute to these audits. 

In the framework of these audits, the Organizers or the auditor appointed by them will not be allowed to access Fluidity’s business secrets, strategic information or information that Fluidity has committed to keeping confidential. Fluidity may object to any control measures by the Organizers or the auditor appointed by them who may give them access to such data or information, without a notification of claim by the Organizers in this regard. The Organizers will also ensure in any event that the auditor and, more generally, the personnel performing the audit are subject to appropriate privacy obligations. 

16.2.3 Organizers’ Obligations to Fluidity 

Organizers are obliged to fulfill their obligations under the GDPR, particularly with regard to the obligation to inform the persons concerned by the processing operations at the time of data collection, maintaining the register of processings implemented, and more generally, respecting the principles of the GDPR. 

The Organizers further commit themselves to: 

(i) documenting in writing any instructions related to the processing of data by Fluidity, 

(ii) ensure, prior to and throughout the duration of the processing, compliance with the obligations set out in the GDPR, 

(iii) supervise the processing, including conducting audits and inspections with Fluidity under the conditions described above. 

17. Links to the third-parties’ websites

We endeavor to provide the best service we can. But you understand and agree that in any event, Fluidity is not responsible for the technical availability of third-parties’ websites or mobile applications (including those of our potential partners) you use via the Site or the Solution. 

Users are solely responsible for backing up any content or data available on any third-party’s website or mobile application and entered on the Service by them. Fluidity reminds users that third-parties’ websites and mobile applications have their own conditions of services and use. 

Fluidity is not responsible for professional or trade transactions or operations contracted between users and third-parties (including our possible partners) to which the User is directed through the Site or the Solution and can not in no event be a party to any potential disputes with these third parties concerning in particular the delivery of products and / or services, warranties, declarations and any other obligations to which such third parties are held to. 

18. Trade references

Companies which use Fluidity expressly allow us to quote them and use, if need be, the reproduction of their trademarks or brands as a trade reference, including during public or private events, in ads or on our Website, under any type. 

19. Duration of the Services, cancellation of registration

Services not included in the subscription are accessible for an indefinite period. 

Subscriptions are effective on the date of subscription, under reserve of fees payment in accordance with Article 7 “Fees and Payments”, for the period of the user’s subscription (hereinafter: “Initial Period”) from date to date. 

Subscriptions are automatically renewed for successive of the same duration as the Initial Period (hereinafter referred to as the “Periods”), from date to date, unless terminated by Fluidity or by the User a date not later than the last day before the end of the current Subscription. 

The termination of his or her Subscription by a User is done through his or her Work Space. 

The termination of the Subscription by Fluidity is done by sending an email to the User. 

Any Subscription Period started is due in full. 

The User is informed of the provisions of Article L215-1 of the Consumer Code: 

“ Concerning contracts for provision of a service made for a determined period with a tacit renewal clause, the professional service provider informs the consumer in writing , by registered letter or by dedicated email, not earlier than three (3) months beforehand, or the latest, one (1) month before the end of the period authorising the rejection of renewal, of the possibility of not renewing the contract made with a clause of renewal. This information, given in clear, comprehensible terms, mentioning in a visible box, the renewal date. 

When this information has not been sent to them according to the provisions of the first paragraph, the consumer can terminate a contract free of charges at any moment after the renewal date. 

The advances made after the last renewal date, or concerning limited period contracts, after transformation of the initial fixed-term contracts, are refunded in this case within a delay of thirty (30) days counting from the termination date, after deducting the corresponding amount, from the execution of the contract until then. 

The provisions of this article are applied so as not to be detrimental to those who submit legally certain contracts with specific rules concerning the information of the consumer. ” 

20. Modification of these Terms and Conditions

Fluidity reserves the right to amend these Terms and Conditions of Use at any time. 

We will inform users of any amendment by any appropriate means within at least 30 (thirty) days before their entry into force. In the case users have a subscription, the changed general conditions will be applied following the renewal of the subscription pursuant to their last update. 

In the case you do not accept the amend to these general conditions, you must cancel your subscription to the Services in accordance with the conditions prescribed at the article 19 “Duration of the Services, cancellation of subscription”. 

The amended general conditions are immediately applied to any visitor who uses the Services after their entry into force. 

After the entry in force of the changed general conditions, any user is said to have accepted the changes. 

21. Language

In the future, if we translate these Terms and Conditions of Use into one or more languages, French will be used for any interpretation in the event of contradiction in terms and dispute on the meaning of any concept and provision. 

22. Jurisdiction

These Terms and Conditions of Use are interpreted, construed and enforced in accordance with the French Law and shall be subject to the exclusive jurisdiction of the courts of Paris in the event statutory rights are affected. 

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