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Alcyconie edited a platform reserved to its clients and allowing every player to participate to a realistic exercise of crisis management.
In these actual terms of service, the words and expressions starting by an uppercase, no matter their use as singular or plural, as mannish or womanish, have the meaning who is given below:
Alcyconie : Refers to the Alcyconie company, simplified stock company with a capital of 25000 euros, whose registered office is at 18 avenue Jean Jaurès – 35400 SAINT-MALO, and identified at the Saint-Malo Commercial and Compagnies Registry under the number 842 656 308.
Client : Refers to the legal entity subscribing in its name to the Platform services.
Terms of Service : Refers to the actual terms of service of the Alcyconie’s platform.
Content : Refers to the scenarios and backgrounds created by Alcyconie for the realisation of services on the platform.
Player account : Refers to the space made available for the players with the credentials given by Alcyconie to the client and/or to the players allowing it/them to have access to the platform.
Intellectual property right : Refers to the attached brand rights, logos, slogans (upon confirmation of their originality), draws and models, author right, patents, software, database, domain name on internet and all registered distinctive signs, used or associated, without limitative list. Also included is the list of the commercials names, company names, brands, used or associated.
Critical malfunction : Refers to any defect that results in a total loss of the Services without the possibility of circumvention.
Credentials : Means the login and passwords of the Player 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.
Plateform : Refers to the tool developed by Acyconie, called PIA, to simulate a crisis regardless of its nature.
Services : Refers to the services proposed by Alcyconie on the platform, especially the simulations.
Simulation : Refers to a simulation or an exercise in crisis management.
Third party : Refers to any person, natural or legal, outside these T&Cs.
The purpose of these terms of service is to define the terms and conditions under which Alcyconie allows the client to involve players in crisis management simulation exercises through the Platform.
These terms of service apply without restriction or reservation to any use of the Platform.
The Customer recognizes having had perfect information concerning the Platform and the Services of Alcyconie, and in particular their essential characteristics.
The Customer recognizes having read and unreservedly accepted these terms of service. He expressly undertakes to apply them to all the Players he has designated.
It is recalled that the terms of service are inseparable from the general terms and conditions of sale (GTC) of Alcyconie or, where applicable, from the service contract signed between Alcyconie and the Client, which refers to these terms of service.
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 of use of the Platform and the Services.
Alcyconie reserves the right to modify, at any time and without notice, these terms of service in order to adapt them to changes in the Platform and/or its exploitation. Changes to the terms of service are opposable against the Player from the time they are put online and/or sent to the Customer.
The terms of service are the property of Alcyconie. Any reproduction, even partial, is prohibited.
Access to the Platform and its use are strictly reserved for Players registered by the Client with Alcyconie.
Access to the Platform is done by means of personal credentials for each Player and communicated by Alcyconie to the Client and/or to the Players.
The Client guarantees that he has obtained the agreement of each Player for the processing of his personal data to create a Player Account.
The credentials of each Player are strictly personal and confidential.
The Client undertakes to guarantee and to ensure that all Players guarantee the confidentiality of the credentials and refrains from communicating them to Third Parties. He will have to :
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 Customer.
The Platform is supported by all mainstream browsers.
The use of the Services and the Platform requires a broadband internet connection. The Client and the Player declare that they have been informed that they must have access to the Internet subscribed to with a supplier of their choice, the cost of which is the responsibility of the Client and/or the Player.
The Customer 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 blocked (firewall).
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 likely to impact the transmission of data. The Platform may thus be limited or temporarily unavailable, without notice. Alcyconie cannot be held responsible for malfunctions and interruptions related to these third-party services.
Furthermore, 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 infrastructure or in the event of a Critical Malfunction requiring the intervention of Alcyconie.
The main function of the Platform is to allow the Players to participate in a Crisis Management Simulation (cyberattack, reputational crisis, industrial incident, etc.).
The exercise is managed by Alcyconie throughout its duration. The Platform reproduces communication tools as well as social networks in a closed environment.
Thus, the Player will be able to:
At the end of the exercise, Alcyconie will be able to produce a report of the exercise which it will submit to the Client, including in particular areas for improvement.
The Client agrees and commits each Player not to use the Platform to knowingly introduce viruses, Trojan horses, worms or any other malicious or technologically dangerous element. The Player agrees not to obtain unauthorized access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. The Customer is prohibited from attacking the Platform by denial of service or distributed denial of service.
Alcyconie will report any attack or attempted attack to the competent authorities.
Throughout the use of the Platform, the Client expressly undertakes to:
In addition, the Player is prohibited:
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 reimbursement for the Customer.
Alcyconie undertakes to provide all diligence for the execution of the Services on the Platform.
The Customer 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 Customer 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, Alcyconie cannot be held liable in the event of delay in the execution or in the event of non-performance of its obligations when the delay or non-performance is caused:
Alcyconie cannot be held responsible for any errors caused by the Services that are not the result of gross negligence or gross negligence on its part.
Alcyconie’s liability is in any event limited to foreseeable and direct damages suffered exclusively by the Customer, with the exception of all indirect damages including loss of profits, loss of income, loss of contract possibly suffered by the Customer or damage to the Customer’s equipment.
In all cases, Alcyconie’s liability is strictly limited to the repair or replacement of the Services, or, where applicable, to its reimbursement over the period concerned.
It may not exceed the sums collected during the period of unavailability of the Services and no additional compensation may be granted.
Alcyconie has all the Intellectual Property Rights necessary for the provision of the Platform to the Customer.
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 the sui generis right of databases, for the whole world.
Alcyconie will take any action necessary to preserve its rights and interests against any person who proceeds without its prior written authorization to the reproduction, representation, extraction, adaptation, translation or distribution of any any way whatsoever of all or part of the Elements.
Consequently, the Client is not authorized to copy, create (hyper or deep) links to the Platform and/or its Contents, publish, promote, market, integrate or otherwise use the Platform and/or its Contents. without the written permission of Alcyconie.
The Customer accepts that Alcyconie uses 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 use of the Platform by the Customer.
All of the Player’s personal data collected while browsing the Platform is processed and used in accordance with the general sales conditions or, where applicable, in accordance with the service contract signed between Alcyconie and the Client, which refers to these terms of service..
The Platform may contain hypertext links to Third Party or partner sites. They are provided only 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 liability relating to these sites. These T&Cs do not in any way apply to Third Party sites which the Player can access via the Platform.
Alcyconie declines all responsibility in the event of 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 networks or deprived of telecommunications.
If one or more stipulations of the T&Cs is (are) declared invalid (s) pursuant to a law, a regulation, or following a court decision, the other stipulations will retain all their force and their scope.
The T&Cs and the rights granted hereunder cannot be transferred or assigned by the Customer, but may be assigned by Alcyconie without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
The fact that Alcyconie does not rely on the Client’s non-compliance with its obligations cannot be interpreted as a waiver to invoke any subsequent non-compliance with the same obligation or other obligations, or as a waiver of the right to ensure the application of these obligations.
These T&Cs are subject to French law and only the French version is authentic.
Alcyconie and the Customer will endeavor to resolve amicably any disputes that may arise relating to the validity, interpretation or execution of these presents.
In the absence of an amicable agreement, express jurisdiction is attributed to the competent Courts within the jurisdiction of the Court of Appeal of the registered office of Alcyconie, notwithstanding plurality of defendants or appeal in guarantee, even for emergency procedures, expertise or conservatory proceedings in summary proceedings or by request.
Alcyconie 2024 © – F.A.Q. – Mentions légales – Politique de confidentialité – Conditions générales d’utilisation – Plan du site
