Last reviewed on 22/04/2024
1/ Presentation of the platform and services
Alcyconie publishes a Platform reserved for its Clients allowing any Player to participate in a realistic crisis management exercise, whatever its nature.
2/ Definitions
In these T, terms and expressions beginning with a capital letter, whether used in the singular or plural, masculine or feminine, have the meaning given to them below:
Alcyconie: Refers to the company Alcyconie, a simplified joint-stock company with a capital of 25,000 euros, whose registered office is located at 18 avenue Jean Jaurès – 35400 SAINT-MALO, registered with the Saint-Malo Trade and Companies Register under number 842 656 308.
Customer: Refers to the legal entity subscribing on its behalf to the Platform Services.
General Terms and Conditions of Use or Terms of Use: Refers to these general terms and conditions of use of the Alcyconie Platform.
Content: Refers to the scenarios and scenarios created by Alcyconie for the performance of the Services on the Platform.
Player Account: Refers to the space made available to the Player, accessible by the identifiers provided by Alcyconie to the Client and/or to the Players allowing him/her to access the Platform.
Intellectual property rights: Refers to the Rights attached to trademarks, logos, slogans (subject to their originality), designs and models, copyright, patents, software, databases, domain names on the Internet and other distinctive signs registered, registered, used or associated, without this list being exhaustive. This list also includes trade names, company names, signs, used or associated.
Critical malfunction: Means any defect that results in a total loss of the Services without the possibility of circumvention.
Identifiers: Refers to the Player’s login and passwords given to the Client and allowing access to the Platform and the Services.
Player: Refers to the person designated by the Client using the Platform.
Platform: Refers to the tool developed by Alcyconia, called PIA, which makes it possible to simulate a seizure regardless of its nature.
Services: Refers to the services offered by Alcyconie on the Platform and in particular the Simulations.
Simulation: Refers to a part of a crisis management simulation/exercise.
Third: Refers to any person, natural or legal, who is not subject to these T
3/ Purpose
The purpose of these T is to define the terms and conditions under which Alcyconie allows the Client to have Players participate in Crisis Management Simulation exercises through the Platform.
These T apply without restriction or reservation to any use of the Platform.
The Client acknowledges that it has been fully informed about the Platform and the Alcyconie Services, and in particular their essential characteristics.
The Client acknowledges that he has read and accepted these T without reservation. He expressly undertakes to apply them to all the Players he has appointed.
It is recalled that the T are inseparable from Alcyconia’s general terms and conditions of sale (T), or if applicable, from the service provision contract signed between Alcyconie and the Client and referring to these T
The Client undertakes to read and comply with any documentation, precautions for use or any other information attached or provided by Alcyconie, in particular the conditions and restrictions on the use of the Platform and the Services.
Alcyconie reserves the right to modify, at any time and without notice, these T in order to adapt them to changes to the Platform and/or its operation. Modifications to the T are enforceable against the Player as soon as they are posted online and/or sent to the Client.
The T are the property of Alcyconia. Any reproduction, even partial, is prohibited.
4/ Access and availability of the platform
a/ Access to the Platform
The general structure of the alcyconie.com Site, as well as the texts, graphics, images, sounds and videos of this Site “www.alcyconie.com” are protected by the Intellectual Property Code and remain the full and exclusive property Access to the Platform and its use are strictly reserved for Players registered by the Customer with Alcyconia.
Access to the Platform is done by means of Personal Identifiers to each Player and communicated by Alcyconie to the Client and/or Players.
The Client guarantees that it has obtained the consent of each Player for the processing of his/her personal data in order to create a Player Account.
Each Player’s Identifiers are strictly personal and confidential.
The Client undertakes to guarantee and ensure that any Player guarantees the confidentiality of the Identifiers and refrains from communicating them to Third Parties. He or she will:
Report by e-mail to Alcyconie as soon as possible (contact@alcyconie.com) any loss or disclosure of elements likely to allow a Third Party to become aware of the Identifiers and ensure that they log out of the Platform at the end of each session and/or exercise.
- Ensure this commitment by all appropriate means;
- Report by e-mail to Alcyconie as soon as possible (contact@alcyconie.com) any loss or disclosure of elements likely to allow a Third Party to become aware of the Identifiers and ensure that they log out of the Platform at the end of each session and/or exercise.
b/ Hardware compatibility
Access to the Platform is possible from a computer, an Android smartphone, an iPhone or an Android or iOs tablet by connecting to the URL of the Platform communicated by Alcyconie to the Client.
The Platform is supported by all consumer browsers.
The use of the Services and the Platform requires a high-speed internet connection. The Customer and the Player declare that they have been informed that they will have to have Internet access subscribed to with a provider of their choice, the cost of which is to be borne by the Customer and/or the Player.
The Client is responsible for setting up the IT and telecommunications resources allowing access to the Platform. In particular, he must ensure that the URL of the Platform is accessible on computer means and is not subject to a block (firewall).
c/ Availability of the Platform
The Platform is accessible for the duration of the Services.
However, the availability of Third-Party systems, and in particular the Internet, is limited by technological and environmental factors that may impact data transmission. The Platform may therefore be limited or temporarily unavailable without notice. Alcyconia cannot be held responsible for malfunctions and interruptions related to these third-party services.
In addition, Alcyconie reserves the right to interrupt access to the Platform from time to time in order to ensure the security and maintenance of its IT infrastructures or in the event of a Critical Malfunction requiring intervention by Alcyconia.
5/ Use of the Platform
The main function of the Platform is to allow the Player to participate in a Crisis Management Simulation (cyberattack, reputational crisis, industrial incident, etc.). The exercise is led by Alcyconia throughout its duration. The Platform reproduces communication tools as well as social networks in a closed environment.
Thus, the Player will be able to:
- Participate in the scenario by interacting with other Players and with the Alcyconia animation team;
- Make decisions to advance the Simulation;
- To see the consequences of the decisions taken.
At the end of the financial year, Alcyconie will be able to produce a report on the financial year that it will provide to the Client, including areas for improvement.
The Client undertakes and undertakes each Player not to use the Platform to knowingly introduce viruses, Trojan horses, worms or any other malicious or technologically harmful element. The Player shall refrain from obtaining unauthorized access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. The Client shall refrain from attacking the Platform by denial of service or distributed denial of service.
Alcyconia will report any attack or attempted attack to the appropriate authorities.
6/ Commitments
General Use of the Platform
Throughout the use of the Platform, the Client expressly undertakes to:
- Not to reproduce the Platform in whole or in part, by any means or in any form;
- Not to use software or processes intended to copy the content of the Platform,
- Not to export the Platform or merge it with other computer programs;
- Not to adapt, transcrimate, modify, arrange, compile, decompile, assemble, transcode all or part of the Platform;
- Not to install systems that may hack the Platform;
- Not to use the Platform for commercial purposes;
- Do not take screenshots of the Platform, even for internal and/or confidential distribution;
- Whether the Platform is used by a Player, who is a natural person. Any automated exploitation is strictly prohibited.
In addition, the Player shall refrain from:
- To make by any means comments or actions that are contrary to the law, insulting, vulgar, rude, hateful, defamatory, racist, homophobic, anti-Semitic, negationist, threatening, obscene, pornographic, incitement to violence or the consumption of illegal products, infringing on the privacy or rights of a Third Party;
- To broadcast advertising messages by any means;
In the event of non-compliance with one of the above-mentioned commitments, the Player is liable to have his Player Account deleted without notice or refund for the Customer.
7/ Responsibilities
Alcyconie undertakes to exercise all due diligence in the performance of the Services on the Platform.
The Client undertakes to use the Services only for the purpose for which they are intended and with all the care that can be expected of a professional.
The Client acknowledges that Alcyconie is only bound by an obligation of means in respect of the provision of the Services.
In addition to the case of force majeure referred to below, Alcyconia cannot be held liable in the event of delay in performance or in the event of non-performance of its obligations when the delay or non-performance is caused:
- By the incompatibility of the Player’s equipment or tools with the Platform;
- By malfunctions, failures or unavailability of communication networks;
- By the Player’s failure to comply with the prescriptions or recommendations for the use of the Platform;
- By the Player’s handling error;
Alcyconie cannot be held liable for any errors generated by the Services that are not the result of gross negligence or negligence on its part.
Alcyconia’s liability is in any event limited to foreseeable and direct damage suffered exclusively by the Client, with the exception of any indirect damage, including loss of profits, loss of income, loss of contract that may be suffered by the Client or damage to the Client’s equipment.
In any case, Alcyconia’s liability is strictly limited to the repair or replacement of the Services, or, where applicable, its reimbursement over the relevant period.
It may not exceed the sums collected during the period of unavailability of the Services and no additional compensation may be granted.
8/ Intellectual property
a/ Intellectual property of the Platform
Alcyconie has all the Intellectual Property Rights necessary for the provision of the Platform to the Client.
All the elements constituting the Platform, as well as the solutions allowing the execution of the Services (hereinafter for the purposes of this article: the ” Elements “) are protected under copyright and/or trademark law and/or sui generis database rights, throughout the world.
Alcyconia will take any action necessary to preserve its rights and interests against any person who reproduces, represents, extracts, adapts, translates or distributes in any way whatsoever all or part of the Elements without its prior written consent.
Therefore, the Client is not authorised to copy, create links (hyper or deep) to the Platform and/or its Contents, publish, promote, market, integrate or use in any other way the Platform and/or its Contents without the written authorisation of Alcyconie.
b/ Intellectual property of the Client
The Client accepts that Alcyconie may use its logos and content, in particular those present on its social networks and website, protected by Intellectual Property Rights in the context of the implementation of the Services on the Platform.
This authorization is valid for the entire duration of the Services and ends immediately after the end of the Customer’s use of the Platform.
9/ Personal data
All the Player’s personal data collected during his/her browsing on the Platform is processed and used in accordance with the T, or if applicable, in accordance with the service provision contract signed between Alcyconie and the Client and referring to these T
10/ Hypertext links
The Platform may contain hypertext links to Third-Party or partner sites. They are provided solely for the Services, in order to facilitate the use of the resources available on the Internet.
Alcyconie indicates that it has no control over these Third-Party sites and is exempt from any responsibility relating to these sites. These T do not apply in any way to Third-Party sites that the Player may access via the Platform.
11/ Force majeure
Alcyconia declines all responsibility in the event of the unavailability of the Platform resulting from a case of force majeure as defined in Article 1218 of the Civil Code, including, without limitation, in the event of war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, pandemics and epidemics or other natural disasters, failures of means of transport, fuel, energy, workers or materials, or breakdowns of public or private telecommunications networks.
12/ Independence of clauses
If one or more provisions of the T are declared invalid pursuant to a law, regulation, or following a court decision, the other provisions will retain their full force and scope.
13/ Assignment
The T as well as the rights granted hereunder, may not be transferred or assigned by the Client, but may be assigned by Alcyconie without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
14/ No waiver
The fact that Alcyconie does not invoke the Client’s failure to comply with its obligations shall not be interpreted as a waiver of any subsequent non-compliance with the same or other obligations, or as a waiver of the right to ensure the implementation of such obligations.
15/ Applicable law – Competent court
These T are subject to French law and only the French version is authentic.
Alcyconie and the Client will endeavour to resolve amicably any disputes that may arise relating to the validity, interpretation or execution of these Terms and Conditions.
In the absence of an amicable agreement, express jurisdiction is conferred on the competent Courts within the jurisdiction of the Court of Appeal of the registered office of Alcyconia, notwithstanding multiple defendants or third party appeals, even for emergency proceedings, expert appraisals or precautionary proceedings in summary proceedings or by request.