Episto Chat General Terms of Use

Who are we?

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

Our registered office is located at 5 Avenue du Général De Gaulle, 94160 Saint Mandé, and we are registered with the Créteil Trade and Companies Register under number 843146218.

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

The Chat is hosted on Google Cloud Platform, with its headquarters located at 8 Rue de Londres, 75009 Paris, France.

What is the purpose of the general terms and conditions?

The trust you place in us every day is our priority. In this regard, we make every effort to ensure you can maintain this trust daily, which, of course, implies everyone's respect for and knowledge of the general terms of use (GTU).

The GTU, which apply to all our services, aim to present the rules you must follow when using the Chat, noting that any use of the Chat implies unreserved adherence to the GTU.

Therefore, you declare that you have read and understood the GTU before any use of our Chat and that you have had all the necessary information and skills to ensure that the services provided meet your needs.

What are the conditions for responding to the chat?

Participation in the survey is free and voluntary. To use the chat, simply click on content on social networks to access our chat dedicated to the ongoing survey. Survey participation can only take place during the campaign duration exclusively determined by Jering.

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

Depending on the surveys, some conditions may be active. In this case, you must accept them to proceed with the survey.

What are our commitments?

We provide an "as is" survey service free of charge. In this regard, our responsibility cannot be engaged in the event of damage that may occur due to the use of the chat.

Nor are we responsible for hacking, errors, or viruses that may be installed on your device and affect the service, nor for management or actions performed 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.

What are your obligations and duties?

You undertake not to modify, alter, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, disseminate, or transfer any information, software, product, and, in general, any element of the Chat. Forwarding, extraction, automated use, or large-scale use of the Chat are expressly prohibited.

You undertake to comply at all times, during the use of our Chat, with (i) applicable national and international laws and regulations and (ii) the T&Cs.

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

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

In any case, you undertake not to:

- use the Chat in a manner that infringes intellectual and industrial property rights, the right to privacy and/or the right to image and/or any other third-party rights.

- create, use, share and/or publish in any way any material (text, comments, images, sounds, videos, etc.) or content that, in our sole discretion, is aggressive, threatening, malicious, defamatory, false, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, incites hatred, sexually explicit, violent, contrary to morality, or otherwise objectionable.

- create, use, share and/or publish in any way any material (text, comments, images, sounds, videos, etc.) that constitutes a breach of a confidentiality obligation or incites the commission of an unlawful activity (such as hacking, cracking, or distributing counterfeit software).

- engage in activities aimed at accessing elements or features of the services whose use is performed without our prior and express authorization.

- modify, falsify, block, abnormally overload, disrupt, slow down, and/or hinder the normal operation of all or part of the Chat, or its accessibility to other users, or the operation of our partners' networks, or attempt to do any of the foregoing.

- transmit or propagate any virus, Trojan, worm, bomb, altered 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 claim a quality in relations with any natural or legal person.

- collect or intercept in any manner not expressly permitted data exchanged by other users, or the names/pseudonyms 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 advertising or promotional material, whether for commercial purposes or not.

- attempt to obtain a password, account information, or other private information from any other Chat user, and/or sell, rent, share, lend, and/or otherwise transfer your account to third parties and/or the means to access it and/or otherwise allow third parties to benefit from your account.

- misuse the support service we provide.

- access, use, download via the Chat or otherwise reproduce or provide to any person (whether free of charge or for a fee) any directory of Chat users or other information related to Chat users or Chat usage.

If you observe malicious behavior or behavior contrary to our General Terms of Use (GTU) and the interests of other users, you may contact us at hello@episto.fr.

What are the applicable rules regarding intellectual property?

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

We are also and 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, drawing, Privacy Policy, Cookie Policy, etc.), our know-how, etc.

The fact that you can freely access them during your use does not imply that we grant you a license or right of use over the elements of the Chat.

Therefore, you do not have the right to use these elements, in any way, in whole or in part, without our prior written authorization. Any unauthorized use by you may constitute an infringement punishable by articles L335-2 et seq. of the Intellectual Property Code and by articles L713-2 et seq. of the same code.

Our Chat may also mention, for various reasons, other logos, trademarks, or registered trademarks owned by us or third parties and protected by industrial property law. Therefore, any use of these elements not expressly authorized constitutes an infringement.

Do we use personal data?

In principle, the Chat does not process personal data about you, as data is anonymized by default to ensure maximum security and confidentiality of your privacy.

For more information on this, we invite you to consult the Chat's privacy policy accessible at: www.episto.fr/politique-de-confidentialite-chat-es

What is the applicable "standard" language?

The Chat may be translated into different languages. However, French remains the "standard" language of our company and our business. Therefore, French always prevails over other versions of our Chat within the framework of our working relationship, especially in cases of misinterpretation, dispute, or difficulty in interpreting our services.

What are the rules regarding hypertext links?

The Chat may contain links to third-party websites or sites. You are informed that we are not responsible for or committed to the offers, actions, content, products, services, or any other element available through these links.

Furthermore, we thank you in advance for informing us of any hypertext link present in the Chat that provides access to a third-party site offering content contrary to laws or morals.

Nullity

The nullity of one of the clauses herein does not affect the nullity of the GTU, and the other clauses shall continue to produce their effects.

Waiver

The fact that Jering does not temporarily or permanently avail itself of one or more clauses of the GTU shall in no case constitute a waiver of its right to enforce them.

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 shall be brought exclusively before the competent French courts.

Can the general terms and conditions be modified?

We reserve the right to modify the GTU at any time and without prior notice. Therefore, we recommend that you consult them as regularly as possible.