GENERAL TERMS OF SALE
The websites www.cartographit.com and https://app.cartographit.com (hereinafter together
referred to as the
“Platform”) are published and managed by NIXIAL, a simplified joint-stock company (société par actions simplifiée)
registered with the Toulouse Trade and Companies Register (Registre du Commerce et des Sociétés) under number
911 206 738, whose registered office is at 5 Rue du Professeur Pierre Vellas, 31300 Toulouse (hereinafter
“NIXIAL”).
Article 1: PURPOSE
The Software is intended for companies wishing to map their information systems in order to make them easier to manage and protect.
These general terms of sale (hereinafter the “GTS”) apply to any subscription to the Software taken out via the website
www.cartographit.com (hereinafter the “Site”) by any person who is a professional within the meaning of the preliminary article (article
liminaire) of the French Consumer Code (Code de la consommation): “any natural or legal person, public or private, acting for purposes within
the scope of its commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of another
professional” (hereinafter the “Customer”).
By taking out a subscription to the Software, the Customer certifies that it is a professional within the meaning of the preliminary article of
the French Consumer Code, thereby exempting NIXIAL from the rules applicable to consumers and non-professionals.
Taking out any subscription and/or paid options via the Site constitutes full and complete acceptance by the Customer of the GTS and of the
general terms of use available on the Site, without restriction or reservation.
It is expressly agreed that any provision contrary to those set out in the GTS shall be deemed unwritten and that, should any of the
clauses be declared null and void or ineffective, the validity of the other clauses shall not be affected.
The GTS may be amended, and it is the Customer’s responsibility to consult the latest version of said terms each time it takes out a
subscription and/or an option.
Article 2: TAKING OUT A SUBSCRIPTION
2.1. Description of the subscriptions and conditions prior to subscription
Several subscriptions are offered on the Platform according to the needs of each Customer.
The various subscriptions, the features offered for each and their monthly and annual prices are
described on the Platform as thoroughly as possible so that the Customer is aware of the
essential characteristics of the subscriptions offered before taking out one of them.
For any request for further details or to set up a tailor-made subscription, the Customer is invited to contact
NIXIAL at the following email address: contact@cartographit.com.
2.2. Completion of the subscription
Taking out a subscription is subject to providing the information requested by NIXIAL (last name, first name, identification of the
company, business sector, number of employees, email address, name and email address of the users, etc.).
The Customer is then invited to select the subscription of its choice, to read and accept the GTS, then to fill in the bank
details required to pay for the chosen subscription.
The Customer may download, print and keep a copy of the GTS at any time if it so wishes.
2.3. Validation / refusal of the subscription
In the minutes that follow, an acknowledgement of receipt of the subscription is sent to the Customer by electronic mail at the email address it
previously entered when creating its account.
NIXIAL reserves the right to refuse any subscription request from a Customer with whom it has been or is currently in dispute.
NIXIAL also reserves the right to refuse any subscription request that appears abnormal.
Article 3: ACCESS TO AND USE OF THE PLATFORM
3.1. “SaaS” subscription
If the Customer takes out a so-called “SaaS” subscription, the Software will be accessed via the platform https://app.cartographit.com (hereinafter the
“Platform”) using the access codes that will be sent by NIXIAL.
Each access code to the Platform is personal, individual, confidential and non-transferable.
The Customer undertakes not to disclose them under any circumstances and guarantees compliance with this obligation by its
employees, service providers and/or subordinates, where applicable.
Failing this, it will be solely liable for the consequences resulting from the use of its personal area by a third party.
NIXIAL reserves the right to suspend a Customer’s account if it is found that its login details have been
stolen or used by a third party without its consent, without the Customer being able to hold this against NIXIAL or claim
compensation.
If the Customer itself finds that a third party is using its login details to access its personal area, it
must inform NIXIAL without delay.
The Customer is invited to refer to the general terms of use of the Platform in order to become
acquainted with the full terms of use of the latter.
3.2. “On Premise” subscription
If the Customer takes out a so-called “On Premise” subscription, the Customer must install or have installed the Software itself on its infrastructure
with the help of the documentation and access codes that will be sent to it by NIXIAL via the Platform.
Delivery of the Software takes place when the Customer first accesses the Software.
This delivery constitutes receipt and acceptance of the Software by the Customer.
It transfers the risks to the Customer.
The Customer is solely responsible for the choice of the infrastructure in which it will install the Software and undertakes to check that the conditions
of use of said infrastructure allow this integration.
NIXIAL disclaims all liability in the event of an incompatible and/or unsuitable installation.
As the documentation, codes and various items sent by NIXIAL to the Customer are strictly confidential, they must be used by
the Customer solely to allow the installation of the Software in accordance with the agreed terms.
The Customer shall not disclose these items to anyone.
The Customer guarantees compliance with this obligation by its employees, subcontractors, service providers, partners, etc.
Article 4: DURATION OF THE SUBSCRIPTION
The subscription takes effect on the day the Customer’s subscription is validated, for an indefinite period, and may
be terminated in accordance with the terms set out in Article 10.
It is specified that the Customer may decide at any time to change its subscription to any other subscription of a higher amount offered on the
Site.
If the Customer wishes to change its subscription to another subscription of a lower amount, or to replace its annual subscription with a monthly
subscription, it is invited to contact NIXIAL in order to define the terms of any such change.
At the end of the subscription, for whatever reason, the Customer will no longer have access to the Software, and it is the Customer’s responsibility to download beforehand any
documents stored in the Software and any information it may need (invoices, etc.).
Article 5: FINANCIAL TERMS
5.1. Subscription prices
Subscriptions to the Software are offered at the annual and monthly rates in force as stated on the Site when the Customer takes out the
subscription.
Prices are stated in euros, excluding taxes.
Prices may be revised during promotional offers or one-off operations.
In the event of a change in the pricing conditions during the subscription, NIXIAL will inform the Customer at least two (2) months before the effective date
of the change.
In this case, the Customer may terminate its subscription if the new financial terms do not suit it.
In the absence of objection and/or response from the Customer within this period of two (2) months, the new financial terms proposed by NIXIAL
will apply.
It is expressly specified that the price of the subscriptions does not include:
- assistance in using the Platform (other than a subscribed feature)
- the costs relating to the internet connection required for the Software to operate
- - the costs related to the installation and to the infrastructures on which the Software will be installed in the case of an “On Premise” subscription
5.2. Payment method
When validating its choice of subscription, the Customer must select the payment method of its choice from those offered by NIXIAL
(bank card, bank direct debits, SEPA direct debits, etc.).
The Customer will be charged for the first instalment of the subscription on the day of subscription.
Thereafter, the Customer will be charged each month or each year for the entire duration of the subscription, depending on the subscription chosen.
In the case of a monthly subscription, the monthly instalments will be debited on each monthly anniversary of the date on which the Customer took out the subscription (e.g.
if the monthly subscription is taken out on 10 September, the monthly instalments will be debited on the 10th of each month).
In the case of an annual subscription, the annual instalments will be debited on each annual anniversary of the date on which the Customer took out the subscription (e.g. if
the annual subscription is taken out on 10 September, the monthly instalments will be debited on 10 September each year).
Each month begun is due in the case of a monthly subscription and each year begun is due in the case of an annual subscription.
The Customer undertakes to hold all the authorisations required to use the chosen means of payment.
It also undertakes to update its payment information, in particular in the event of a change of account or the expiry of its bank card.
5.3. Late payment or non-payment
In the event of late payment or non-payment, NIXIAL will be free to suspend and/or terminate the Customer’s access to the Software without the latter being able
to hold this against NIXIAL.
NIXIAL will also be free to require the Customer to pay:
- the unpaid monthly / annual instalments
- late-payment penalties equal to the ECB key interest rate plus 10 points
- a fixed indemnity of 40 euros for recovery costs
- damages for the loss suffered
Article 6: NIXIAL’S WARRANTIES
Throughout the term of the subscription, NIXIAL undertakes to:
- offer quality features that comply with the descriptions given on the Platform and/or in its sales documents, subject to correct and compliant use by the Customer;
- provide the Customer with any updates developed on the Platform;
- maintain the Platform, provided that the occurrence of anomalies, incidents, errors and/or malfunctions of the Platform is not attributable to fraudulent or unlawful conduct of the Customer, or to conduct contrary to the provisions of the GTS or of the general terms of use of the Platform.
It is specified that NIXIAL is bound only by an obligation of means (obligation de moyen) in the context of this maintenance.
Insofar as the Customer is acting here in the course of its business, NIXIAL is not bound by the legal obligation of
conformity provided for by the French Consumer Code.
In addition, NIXIAL does not guarantee the results obtained using the Platform, which the Customer acknowledges and accepts.
In general, NIXIAL declines all liability in the following cases:
- breach of the GTS attributable to the Customer or to the users under its responsibility;
- delay or non-performance where the cause is linked to a case of force majeure (natural disaster, war, fire, strike, power failure, health crisis…);
- interruption of services due to maintenance operations or technical incidents relating to the operating systems (e.g. viruses…);
- difficulties / incidents related to the Customer’s infrastructure, in particular in connection with the installation of the Software;
- identity theft of the Customer and/or fraudulent use of its personal area.
NIXIAL may suspend the Customer’s account in the event of non-compliant use.
The Customer is also informed that NIXIAL may be forced to interrupt access to the Platform in the event of
cessation of its activity and/or major difficulties encountered, without the Customer being able to hold this against NIXIAL.
In this case, it will inform the Customer subject to one month’s notice, which the Customer acknowledges and accepts.
Article 7: OBLIGATIONS OF THE CUSTOMER
By taking out a subscription to the Software via the Site, the Customer undertakes to:
- pay the price of the subscription taken out in accordance with Article 5;
- not disclose its personal access codes to a third party;
- not disclose the source code and object code of the Software or the related documentation to a third party;
- comply with its obligations regarding personal data;
- comply with the GTS and the general terms of use of the Platform;
- respect the rights of NIXIAL and of third parties.
The Customer undertakes to guarantee compliance with all of the above obligations by its employees and/or subordinates and to provide them with
these GTS and the general terms of use of the Software so that they are fully aware of them.
Article 8: PERSONAL DATA
8.1. Personal data of the Customer collected by NIXIAL
When creating its personal account, the Customer must provide NIXIAL with the following information and
documents:
- Company
- Business of the company
- Number of employees
- Last name and first name of the subscriber
- Position within the company
- Email address
- Photograph (to illustrate their profile)
- Language spoken (for the choice of the Software’s language)
NIXIAL takes all necessary measures to ensure the security of the Customer’s personal data.
However, NIXIAL cannot be held liable in the event of interception of said data by an unauthorised
third party.
Pursuant to Law No. 78-17 of 6 January 1978 and the General Data Protection Regulation of 27
April 2016 (hereinafter “GDPR”), the Customer has a right of access, rectification and portability in respect of this
data, which it may exercise by sending a written request by post to the company NIXIAL – Cartographit 5
Rue du Professeur Pierre Vellas, 31300 Toulouse or by email to contact@cartographit.com.
The Customer also has the right to delete its personal account and its personal data, which it may
exercise in the same way.
The Customer’s personal account and personal data will be deleted within a maximum of one (1)
month following receipt of the deletion request.
However, it is expressly provided that NIXIAL will have the right to keep certain data in order to defend
its interests in the event of a subsequent complaint or dispute.
The Customer is referred to the general terms of use of the Platform with regard to the Privacy and
data protection policy.
8.2. Personal data entered by the Customer on the Platform
It is reiterated that the purpose of the Platform is to allow companies to enter data relating to their
information systems in order to make them easier to manage and protect.
This data may contain personal data.
In this context, NIXIAL may act as processor (sous-traitant) of the personal data entered by the
Customer, which for its part acts as controller (responsable de traitement) within the meaning of the GDPR.
The provisions below define the legal framework of the processing assignment relating to the personal data
sent by the Customer to NIXIAL.
8.2.1. Nature, purpose and duration of the processing
The processing of personal data by NIXIAL is carried out in order to meet its contractual commitments to
the Customer and more specifically for the maintenance of the Platform and the proper performance of the contract.
The processing will last for the duration of the subscription taken out by the Customer and will continue until the end of the
contractual relationship between the Parties.
8.2.2. Data subjects and data processed
The data subjects concerned by the processing are those identified by the Customer within the data it has entered in the Software.
8.2.3. Obligations of the Customer
As controller, the Customer is solely responsible for the personal data it enters in the Software.
It holds NIXIAL harmless against the consequences of any failure to meet its obligations under the GDPR.
The Customer undertakes in particular to ensure that:
- the processing of the data is lawful,
- where applicable, the personal data sent to NIXIAL has been collected and processed by it in accordance with the applicable regulations and legislation.
Among other things, the Customer acknowledges that it has provided the required information to the data subjects concerned by the processing operations, at the time
the data is collected where personal data is collected from the data subject, or within the required time limits where the
personal data has not been collected from the data subject, in accordance with Articles 12 to 14 of the GDPR.
Finally, the Customer undertakes to:
- provide NIXIAL with the data necessary to enable compliance with its contractual obligations in accordance with the applicable regulations and legislation,
- document in writing any instruction concerning the processing of the data by NIXIAL,
- ensure, beforehand and throughout the processing, compliance with the obligations laid down by the GDPR.
8.2.4 Obligations of NIXIAL
NIXIAL undertakes to process the personal data entered by the Customer in the Software in accordance with the applicable regulations.
Accordingly, NIXIAL undertakes to:
- provide sufficient guarantees as to the implementation of appropriate technical and organisational measures to meet the requirements imposed by the regulations in this area,
- train its staff in order to comply with all of its legal and regulatory obligations,
- process the data entrusted to it only for the intended purposes,
- subject its staff involved in the processing of personal data to an obligation of confidentiality,
- not pass on the personal data entrusted by the Customer to third parties, except to meet a legal obligation incumbent on it,
- not transfer the data to a third country except on the express instruction of the Customer,
- inform the Customer without delay of any request it receives from data subjects concerned by the processing,
- inform the Customer in the event of a breach and/or loss of the personal data entrusted,
- assist the Customer in fulfilling its obligation to respond to requests from data subjects concerned by the processing to exercise their rights under Chapter 3 of the GDPR,
- cooperate with the Customer with regard to data security and any impact assessments,
- delete all personal data at the end of the contractual relationship governed by the GTS,
- destroy existing copies, unless its legal and regulatory obligations require it to keep them.
Article 9: INTELLECTUAL PROPERTY
NIXIAL holds intellectual property rights over the Software, the Site and the Platform and over their content (logos, graphic charter,
UX and UI interface, trademarks, texts, photographs, infographics, etc.).
Any reproduction, modification, transmission, exploitation and/or misappropriation, by any process whatsoever, of all or part of the Software, the
Site or the Platform and/or their graphic, textual, software, visual, sound or other content is strictly prohibited, on pain of
legal proceedings, in particular criminal proceedings.
The right to use the Software granted by NIXIAL to the Customer shall in no case be construed as any assignment of, or licence over, the
Software or any of its components.
This right of use includes the right to use the Software under the conditions laid down in the GTS and in the general terms
of use of the Software and of the Platform.
Subject to compliance with the rights held by NIXIAL over the Software and its content, the Customer has the right to observe, study or test the
functioning or security of the Software in order to determine the ideas and principles underlying its elements when it performs any act of
loading, displaying, running, transmitting or storing the Software that it is entitled to perform.
This right does not include acts of decompiling the Software, except where this operation is strictly indispensable to obtain the
information strictly necessary for authorised purposes of interoperability of the Software and subject to the following conditions:
- this act is performed by a legitimate user (who has taken out a subscription);
- the information strictly necessary and sought for interoperability has not already been made readily and quickly accessible to the Customer. Accordingly, the Customer is invited to consult NIXIAL beforehand to find out whether this information is not already accessible;
- this act is limited to the parts of the original Software necessary for this interoperability.
It is expressly specified that, in accordance with the legislation in force, the information obtained by the Customer may not be:
- used for purposes other than achieving the interoperability of the Software;
- disclosed publicly or to third parties;
- used for the development, production or marketing of a platform whose expression is substantially similar;
- exploited in a way that infringes the copyright of the owner of the Software.
Nor does the right of use granted include the rights of reproduction, representation and adaptation attached to the Software.
NIXIAL reserves the right to take legal action against any person who makes unauthorised use of the Software, the Site or the Platform and their content
(trademarks, patents, designs, models, software, infographics, graphic charter, logos, photographs, videos, scripts, diagrams, texts …) and/or, in
general, uses or damages its image without its authorisation.
The Customer guarantees compliance with these provisions by its employees / subordinates and gives an undertaking on their behalf (se porte fort) in this respect.
Article 10: TERMINATION
The Customer may terminate its subscription at any time, it being specified that the subscription will end at the end of the current
month (in the case of a monthly subscription) or of the current year (in the case of an annual subscription), by notifying its decision
by email to contact@cartographit.com.
The Customer and NIXIAL will be bound to comply with their respective obligations during the period between the notification of termination and the
effective termination of the subscription.
Furthermore, and without prejudice to any damages that may be claimed by NIXIAL, the subscription may be terminated automatically (de plein droit) in the
event of a breach by the Customer of any of the obligations incumbent on it under the GTS, after formal notice (mise en demeure) sent by registered
letter with acknowledgement of receipt has remained unheeded for a period of fifteen (15) days.
At the end of the subscription, for whatever reason, the Customer will no longer have access to its personal area, and it is the Customer’s responsibility to download
beforehand any documents stored in the Software and any information it may need (invoices, etc.).
Insofar as necessary, it is specified that the end of the subscription will have the following consequences:
- immediate cessation of the use of the Software by the Customer;
- uninstallation of the Software from the Customer’s infrastructure in the case of an “On Premise” subscription;
- return of all data and documents relating to the Software to NIXIAL within 5 days;
- destruction of any copy, backup, information, notes, etc. relating to the Software.
Article 11: DISPUTES
Any dispute relating to the application and/or interpretation of the GTS is governed by French law.
It must first be the subject of an attempt at amicable settlement.
Failing amicable resolution, the dispute shall be brought before the courts having jurisdiction over NIXIAL’s registered office.