Episto Chat General Terms 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, headquartered at 8 rue de Londres, 75009 Paris, France.

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What is the purpose of the general terms and conditions?

The trust you place in us daily is our priority. As such, we make every effort to ensure you can maintain this trust on a daily basis, which naturally involves general terms of use (« GTU ») that are respected and known to all.

The General Terms of Use (GTC), which apply to all our services, aim to present the rules you must comply with when using the Chat, it being understood that any use of the Chat implies unreserved acceptance of the GTC.

You therefore attest to having read the GTU prior to any use of our Chat and to having possessed all necessary information and skills to ensure that the services provided meet your needs.

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What are the conditions for participating in the chat?

Participation in the survey is free and at your own initiative. To use the chat, simply click on content on social networks to access our chat dedicated to the ongoing survey. Participation in the survey is only possible during the campaign period, which is exclusively determined by Jering.

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

Depending on the surveys, certain conditions may be activated. In such cases, you will need to accept them to proceed with the survey.

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What are our commitments? 

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

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

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

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What are your obligations and duties?

You undertake not to arrange, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, disseminate, or transfer any information, software, product, and generally, any element of the Chat. Re-posting, scraping, automated use, or high-volume use of the Chat are expressly prohibited.

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

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YOU WARRANT THAT YOU WILL NOT USE THE CHAT FOR UNLAWFUL OR IMMORAL PURPOSES OR PURPOSES CONTRARY TO ITS INTENDED USE AND/OR ITS OBJECTIVE.

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

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

• use the Chat in a manner that infringes intellectual and industrial property rights, the right to privacy and/or the right to one's image, and/or any other third-party rights.
• 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, statements, images, sounds, videos, etc.) that would constitute a breach of a confidentiality obligation or incite the commission of an illegal activity (including, but not limited to, hacking, cracking, or distributing 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 impede the normal functioning of all or part of the Chat, or its accessibility to other users, or the operation of partner networks, or attempt to do any of the foregoing.
• transmit or propagate any virus, Trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data, and/or organize, participate in, or be involved in any way in an attack against our servers and/or the Chat and/or the servers and/or services of our providers and partners.
• use another Chat user's account, impersonate another person, or falsely represent yourself in dealings with any natural or legal person.
• collect or intercept by any means not expressly permitted data exchanged by other users, or the names/usernames and/or passwords of any other user.
• harass other Chat users, engage in pyramid schemes or similar operations, or send unsolicited emails, spam, or any unsolicited advertising or promotional material, whether for commercial or non-commercial purposes.
• attempt to obtain a password, account-related information, or other private information from any other Chat user, and/or sell, rent, share, lend, and/or otherwise transfer your account and/or the means to access it to any third party, and/or otherwise allow any third party to benefit from your account. 
• make inappropriate 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 users or the 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 applicable rules regarding intellectual property?

We are and remain the exclusive holders of all intellectual property rights over trademarks (e.g., Episto, Jering, etc.), graphic charters or logos, or any other element you may view when using our Chat.

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

The fact that you may freely access it during your use does not imply that we grant you any license or right of use over the elements of the Chat. 

Therefore, you do not have the right to use these elements, in any manner whatsoever, entirely or partially, without our prior written authorization. Any unauthorized use on your part may constitute infringement, punishable under articles L335-2 et seq. of the Intellectual Property Code and articles L713-2 et seq. 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 may be translated into different languages. Nevertheless, French remains the "standard" language of our company and our business. The French language therefore always prevails over other versions of our Chat within the framework of our working relationship, particularly in the event of misinterpretation, dispute, litigation, or difficulty of interpretation regarding our services.

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What are the rules regarding hypertext links?

The Chat may contain hyperlinks to websites or third-party sites. You are informed that we are neither responsible nor liable for the offers, actions, content, products, services, or any other elements available via these links.

Furthermore, we thank you in advance for reporting to us any hyperlink present on the Chat that would allow access to a third-party site offering content contrary to laws or public morality.

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Invalidity

The nullity of one of the clauses herein does not entail the nullity of the GTC, and the other clauses will continue to produce their effects.

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Waiver‍

Jering's failure to temporarily or permanently invoke one or more clauses of the GTC shall in no case constitute a waiver of its right to invoke them.

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What is the applicable law?‍

Jering is a company incorporated 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 general terms and conditions be modified? ‍

We reserve the right to modify the Terms of Use (ToU) at any time and without prior notice. We therefore advise you to consult them as regularly as possible.

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