Account: the personal environment of the User within deNote, to which the User obtains access after entering his/her Login Details;
Agreement: the agreement between Edifixio and the User
Edifixio: the company with limited liability established and existing under the Grench laws, having its registered office in Levallois-Perret (92300), FRANCE, at 123, rue Jules Guesde, registered within Nanterre RCS with number 433 002 011.
Content: all information, data or material in the form of text, photos, video's and audio-visual materials and any other form provided, changed or uploaded by the User through deNote, including (but not limited to) online training and chatbot conversations
deNote: the service, including the Software, provided by Edifixio through the Website, Microsoft Teams app and Mobile Application
IP-rights: all intellectual property and ancillary rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and related rights, as well as know-how rights and performances on a par with patentable inventions
Login Details: the information such as username and password which the User provide when creating an Account and with which the User gains access to the Account
Team Application: the Team application which is available in the teams marketplace
Software: the software, Including web application, sourcecode, infrastructure, specifications and all related documentations developed by Edifixio
User: the natural person or company that has entered into an Agreement with Edifixio
User Generated: Content all information, data or material in the form of text, photos, video's and audio-visual materials and any other form provided, changed or uploaded by the User through deNote
- deNote deNote.edifixio.com
- Edifixio www.edifixio.com
3. Service and availability
Edifixio has developed Web Based Software which enables N-Shores teams need to share information and collaborate through several projects. deNote is a virtual paper board where elements are stickers, can be pinned up and are updated live on all user's screens. The service of Edifixio consists of making the Software in the form of "Software as a Service" accessible through the Website, Microsoft Teams app and/or Mobile Application under the name deNote.
To the best of its ability, Edifixio will make efforts to provide deNote with due care. Edifixio may use subcontractors or third party licensors to provide deNote. You accept that deNote, including the Software, only contains the functionalities and other characteristics as it contains at the moment of your use ("as is" and "as available").
Edifixio is at all times entitled, without prior announcement and without in any way becoming liable to you:
- to make procedural and technical alterations and/or improvements to the Software and/or deNote, and
- to (temporarily or permanently) discontinue, limit or terminate deNote or your Account. Edifixio will notify you of the temporary unavailability or restricted use of deNote insofar as reasonably possible.
To Use and/or purchase Content through deNote, you must create an Account by following the registration process. You warrant that all information you provide to Edifixio, including the information you provide during registration is accurate, complete and up-to-date at any time.
You are responsible for keeping your Login Details secret. As soon as you know or have reason to suspect that your Login Details are no longer secret, or that the Account is being abused, you must take all necessary steps to prevent unauthorized access inter alia by changing your password in the settings of your Account. Edifixio is not liable for any loss or damage from unauthorized access or use of your Account.
It is not permitted to, and at the sole discretion of Edifixio your Account may be blocked if you:
- create more than one (1) Account.
- create an Account for another natural person or legal entity.
- provide access to the Account to another natural person or legal entity.
- create an Account by "bot" or any other automated method, Account creation is solely permitted to humans.
- create an Account for subversive reasons.
5. User Generated Content
Each and every use of deNote by you is for your own risk and responsibility. You are solely responsible and liable for the User Generated Content provided through your Account. You indemnify and hold Edifixio harmless against all claims relating to the User Generated Content.
You are not permitted to use deNote for a purpose as listed below or make User Generated Content available:
- which, at the discretion of Edifixio, is discriminating or is otherwise deemed hurtful, offensive or inappropriate;
- which encourages aggressive behavior against and/or harasses the Users;
- which is of medical nature or is medical related;
- which will lead to or will have the consequence that the Users are being misused, mislead or driven to undesirable behavior;
- which is false, based on false facts and information and/or is misleading;
- in which personal data is made available, other than in compliance with applicable law;
- which contains viruses, Trojan horses, worms, bots or other software which can damage automated work or make it unusable or inaccessible or delete it, or which can appropriate it or which is intended to circumvent technical protection measures of deNote, the Software and/or the computer systems of Edifixio;
- that consist of creating a false identity or will otherwise suggest to you are involved and/or engaged with Edifixio;
- which is contrary to the Guidelines provided by the Apple Store;
- which infringes the rights of Edifixio and/or third parties, including but not limited to IP-rights or rights concerning the protection of privacy;
- which qualifies as or transmits unwanted or unsolicited material or content (spam);
Edifixio reserves the right, without prior notice, to abridge, alter, refuse and/or remove User Generated Content if this is necessary in Edifixio's opinion, without this resulting in any liability.
You are solely entitled to hyperlink to the Content and User Generated Content made available through deNote on third party (social media) platforms. It is not permitted to make use of an embedded link to Content and User Generated Content on these third party platforms. Edifixio may in this case take all measures which she deems appropriate.
Your use of deNote is restricted to the amount of posted User Generated Content at any given time, as specified when creating an Account. Edifixio reserves the right to at all times and at its sole discretion, further restrict the amount of posted User Generated Content when the size of the uploaded User Generated Content exceeds 400MB per environment.
7. Intellectual Property Rights
All IP-rights in relation to the Content will remain with the User who made the Content available through deNote.
You retain all IP-rights to the User Generated Content you provide through deNote.
You warrant that you hold all the rights relating to the User Generated Content you provide through deNote and fully indemnify Edifixio of any infringement claims regarding the User Generated Content. In the event you use third party content you hereby warrant that you have granted the unconditional and irrevocable right to use such third party content. You indemnify and hold Edifixio harmless against any and all claims with regard to the use of third party content.
Save to the extent that it is allowed by mandatory statutory law, you may not reproduce or decompile the Software or apply reverse engineering to it. Furthermore, removal and/or circumvention of security measures or technical limitations (to use) of deNote and/or the Software is not allowed.
8. Term and Termination
The Agreement between you and Edifixio shall commence when you create an Account and will be in force until it is terminated in accordance with this article.
You can terminate the Agreement at any time by indicating this in the settings of your Account. You are solely responsible for properly canceling your Account. An email or phone request to cancel your Account is not considered cancellation.
In the event the Agreement is terminated, there will be no reversal of that which Edifixio has already delivered nor the related obligation to make payment. You will not receive any refunds as a result of termination.
Edifixio may, without prior notice and without becoming liable to you, terminate your Account with immediate effect if:
- You do not fulfill your payment obligations; and/or
- You do not comply with applicable laws and regulations; and/or
Upon termination of the Agreement, Edifixio shall keep all User Generated Content available to you for two (2) weeks after termination of the Agreement. You will be able to use deNote during this period insofar as is necessary for the exporting of User Generated Content. You may not add any User Generated Content during this period. After this period, Edifixio shall make your Account inaccessible to you. Edifixio has no obligation to restore the User Generated Content or assist in any data conversion or exportation.
Direct damage shall solely mean:
- property damage;
- reasonable expenses that you would have to incur to make Edifixio 's performance conform to the Agreement, unless the Agreement is rescinded by you;
- reasonable expenses incurred by you to determine the cause and scope of the damage, insofar as the determination relates to direct damages; and
- reasonable expenses incurred to prevent or mitigate damages, insofar as they relate to direct damages.
Any liability on Edifixio's part for damages other than direct damages including but not limited to indirect loss, including but not limited to consequential loss, loss and/or damage of data, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or willful recklessness on the part of Edifixio or its managers ("own actions").
No right to damages shall exist unless you notify Edifixio in writing of the damage promptly after it has arisen. Any claim for damages against Edifixio shall become extinguished by the mere lapse of twelve (12) months after the claim has come into being.
10. Force Majeure
Edifixio is to the extent permitted by law released from all contractual obligations and liability (e.g. for damages) if Edifixio's performance is prevented or effected by force majeure or force majeure of Edifixio's subcontractor.
Force majeure includes, among other things, employees on sick leave and/or absence of employees who are crucial to the supply of Edifixio, interruptions in the supply of electricity, strikes, riots, government measures, fire, natural disasters, floods, failure on the part of Edifixio's suppliers, failure on the part of third parties engaged by Edifixio, interruptions in the connection to the internet (whether or not due to a DDoS attack), hardware malfunctions, malfunctions in networks, including telecommunication networks, and other unforeseen circumstances.
If the force majeure continues for at least thirty (30) days, Edifixio is entitled to terminate the Agreement without being obliged to pay any compensation for this termination.
11. Warranties and indemnifications
Edifixio does not guarantee:
- that deNote or third party services they use shall be available to you at all times and without interruptions, faults or disturbances;
- that deNote shall be effective or the use of deNote shall lead to certain results;
- that the information provided through deNote shall be accurate, up to date and complete;
Edifixio is not responsible for:
- the purchase and/or the proper operation of your infrastructure;
- loss, damage, inaccuracy and/or incompleteness of any information provided through deNote;
- transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet;
- any unauthorized use or attempted use of deNote;
- making backup copies of any information; Edifixio will however to the best of its ability secure your data by running frequent backups; or
- the management, including checking the settings, the use of Edifixio and the manner in which the results of Edifixio are used.
You guarantee that you will not use deNote and/or the Software in a way that:
- infringes the rights of Edifixio or third parties, including but not limited to IP-rights or rights in relation to the protection of privacy; and/or
- is contrary to any applicable legislation or regulations; and/or
You indemnify Edifixio against all damage and costs as a result of claims of third parties arising from and/or related to your use of deNote, including the Software.
12. Notification of unlawful Content
Edifixio is not liable for any damages in connection with the (illegal) use of deNote by you. Edifixio will only, under the conditions as set out in this article, be obliged to remove or block access to the User Generated Content that is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.
Edifixio has established a procedure, by which any alleged illegal User Generated Content available through deNote can be reported to Edifixio. This can be done via a notification to firstname.lastname@example.org.
Edifixio reserves the right to not grant a request to remove or block access to the User Generated Content or to stop an activity in case it has reasonable grounds to doubt the accuracy of the notification or in case a balancing of interest requires this. In such a situation Edifixio can require a court order from a competent court in France, to demonstrate that the material or the activity is manifestly unlawful.
Edifixio will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification.
The person making the notification indemnifies Edifixio against all claims of third parties in relation to the blocking or removal of User Generated Content or the stopping of activities. The indemnification includes all damages and costs Edifixio suffers, could suffer or which Edifixio incur in relation to such a claim, including but not limited to the compensation of legal assistance.
Edifixio respects and protects the privacy of those who provide notifications. All personal data that it receives as part of a notification will always be processed in accordance with the Dutch Data protection Act and will only be used to process the notification.
Version June 2020