Episto Chat Terms and Conditions of Use

‍Who are we?

The Episto Chat ("Chat") is published by Jering, Limited company with a capital of 63 241 euros and represented by Jeremy Lefebvre as President.

Our head office is located at
2 Queen Annes Gate Buildings
Dartmouth Street
C/O Severin Finance
SW1H 9BP London.

You can contact us at any time at hello@episto.fr.

The Chat is hosted by Google Cloud Platform, located at 8 rue de Londres, 75009 Paris, France.

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What is the purpose of the general conditions?

The trust you place in us every day is our priority. As such, we do our utmost to ensure that you can maintain this trust on a daily basis, which obviously includes general terms and conditions of use ("GTC") that are respected and known by all.

The TOS, which apply to all of our services, are intended to set forth the rules that you must follow when using the Chat, knowing that any use of the Chat implies full acceptance of the TOS.

You acknowledge that you have read the TOS prior to using our chat service and that you have all the information and skills necessary to ensure that the services provided meet your needs.

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What are the requirements for responding to the chat?

Participation in the survey is free and on your own initiative. To use the chat, simply click on a content on social networks to access our chat dedicated to the current survey. Participation in the survey can only be for the duration of the campaign which is decided by Jering exclusively.

You may only complete the survey once and you agree to provide accurate, truthful information and confirm that the information provided is personal and truthful. 

Depending on the survey, certain conditions may be activated. In this case, you will have to accept them in order to continue the survey.

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What are our commitments? 

We provide an "as is" survey service free of charge. As such, we cannot be held responsible for any damage that may occur due to the use of the chat. 

We are also not responsible for any hacks, errors or viruses that may be installed on your terminal and affect the service or for steps or actions taken or omitted by a system administrator.

We reserve the right to suspend access to the survey at any time without notice or compensation of any kind.

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What are your obligations and duties?

You agree not to arrange, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, disseminate, or transfer any information, software, products, or other material from the Chat. Re-posting, scrapping, or automated or high-volume use of the Chat is expressly prohibited.

You agree to comply at all times when using our Chat with (i) applicable national and international laws and regulations and (ii) the TOS.

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YOU WARRANT THAT YOU WILL NOT USE THE CHAT FOR ANY PURPOSE THAT IS UNLAWFUL OR IMMORAL OR CONTRARY TO ITS INTENDED USE AND/OR PURPOSE.

By using the Chat, you acknowledge that you only have a right to use the Chat for your account.

In all cases, you agree not to, directly or indirectly:

• use the Chat in such a way as to infringe the intellectual and industrial property rights, the right to privacy and/or the right to image and/or any other right of others.
• create, use, share and/or publish by any means any material (text, words, images, sounds, videos, etc.) or content that is, in our sole judgment, aggressive, threatening, malicious, defamatory, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, hateful, sexually explicit, violent, indecent or in any other way objectionable.
• create, use, share and/or publish by any means any material (text, words, images, sounds, videos, etc.) that would constitute a breach of confidentiality or that would incite to commit an illicit activity (in particular, piracy, cracking or distribution of counterfeit software).
• conduct activities to access elements or features of the Services that are used without our prior and express authorisation.
• arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Chat, by any means without our prior and express authorisation.
• modify, distort, block, abnormally burden, disrupt, slow down, and/or interfere with the normal operation of all or any part of the Chat, or their accessibility to other users, or the operation of partner networks, or attempt to do any of the foregoing.
• transmit or spread any viruses, Trojan horses, worms, bombs, corrupted files and/or similar destructive devices or corrupted data, and/or organize, participate in, or in any way be involved in an attack against our servers and/or the Chat and/or the servers and/or services of our providers and partners.
• use the account of another user of the Chat, impersonate any other person, or otherwise misrepresent yourself in connection with any person or entity.
• collect or intercept by any means not expressly permitted data exchanged by other users, or the names/usernames and/or passwords of any other users.
• Harass other users of the Chat, conduct pyramid schemes or similar operations, or send unsolicited email, spam, or any other unsolicited advertising or promotional material, whether or not for commercial purposes.
• attempt to obtain a password, account information or other private information from any other user of the Chat, and/or sell, rent, share, loan and/or otherwise transfer to any third party your account and/or the means to access your account and/or otherwise make any third party benefit from your account. 
• make improper use of the support service we provide.
• access, use, download via the Chat or otherwise reproduce or provide to anyone (whether free of charge or for a fee) any directory of Chat users or any other information relating to the users or use of the Chat.

If you become aware of any behaviour that is malicious or contrary to our TOS and the interests of other users, you may contact us at hello@episto.uk. 

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What are the rules applicable to intellectual property?

We are and remain the exclusive owners of all intellectual property rights to any trademarks (e.g., Episto, Jering, etc.), graphics or logos, or any other elements that you may view when using our Chat.

We are and remain the exclusive owners of all intellectual property rights and third party licenses applicable to the general structure of the Chat such as, the software used to run it, the algorithms we have developed, the APIs we use, the content of the Chat we write and/or choose (e.g. text, sound, design, Privacy Policy, Cookies Policy, etc.), our know-how, etc.

The fact that you may have free access to it during your use does not imply that we grant you any license or right to use the chat elements. 

You do not have the right to use these elements, in any way whatsoever, in whole or in part, without our prior written authorization. Any use on your part that we would not have authorized can constitute a counterfeit sanctioned by the articles L335-2 and following of the Code of the intellectual property and by the articles L713-2 and following of the same code.

Our Chat is also likely to mention, for various reasons, other logos, trademarks or registered trademarks belonging to us or to third parties and protected by industrial property law. Therefore, any use of these elements that is not expressly authorised constitutes an infringement. 

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Do we use personal data?

As a matter of principle, the Chat does not process any personal data about you because the data is anonymised by default in order to guarantee the maximum security and confidentiality of your privacy. 

For more information on this topic, please see the Chat Privacy Policy available at https://en.episto.fr/politique-de-confidentialite-site

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What is the applicable "standard" language?

The Chat can be translated into different languages. Nevertheless, French remains the "standard" language of our company and our business. The French language always prevails over other versions of our Chat in the context of our working relationship, especially in case of misinterpretation, dispute, or difficulty of interpretation on our services.

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What are the rules for hyperlinks?

The Chat may contain hyperlinks to other websites or third-party sites. You are advised that we are not responsible or liable for any offers, actions, content, products, services or other items available through these links.

In addition, we thank you in advance for notifying us of any hypertext link present on the Chat that would allow access to a third-party site offering content contrary to the law or morality.

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Nullity

The nullity of one of the clauses of the present document does not entail the nullity of the TOS and the other clauses will continue to produce their effects.

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Waiver‍

Jering's temporary or permanent non-enforcement of any provision of the TOU shall not constitute a waiver of such provision.

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What is the applicable law?‍

Jering is a company under French law. Consequently, the use of our chat is subject to French law and any dispute will be brought exclusively before the competent French courts.

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Can the terms and conditions be changed? ‍

We reserve the right to modify the TOS at any time and without notice. We therefore advise you to consult them as regularly as possible.

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