General terms and conditions of use of the website and applications

2. Access to the site and the Applications

The Site and the Applications are reserved for Users over the age of 18. The individual is responsible for his or her login information. Thus, any individual who connects to the Website or the Applications is deemed to be the person who possesses the identifiers delivered by Datafolio. The User acknowledges that he/she has the necessary skills, equipment and means to use the Website and the Applications. The Website and the Applications are accessible on a permanent basis, however, Datafolio may, in its sole discretion, suspend, terminate or prohibit access to all or part of the Website. Datafolio shall not be liable for the unavailability of the Website or the Applications for any reason.

3. Use

The user shall not :
- Accessing or remaining fraudulently on the Site or the Applications, hindering or altering the operation of the latter, in particular by introducing viruses or any other programme likely to cause damage and/or to undermine the data on the Site or the Applications;
- Using the Site or the Applications for illicit, illegal, malicious or discriminatory purposes;
- Hindering the proper operation of the Site or the Applications;
- Collecting information relating to other Users, or harming other Users, directly or indirectly. Any purchase of a product or service on the Site or the Applications is subject to acceptance of the General Terms and Conditions of Sale available in the application.

Creating an account

You may decide to create a user account on the Applications. This account allows Users to access content and services provided by Datafolio. When you create an account, you will be asked to define identifiers, these identifiers are strictly personal and it is forbidden to transmit them to a third party. In using the Site or the Applications, you agree not to take any action in violation of any applicable law. The User undertakes to use the Site and the Applications in compliance with the laws and regulations and with other Users.

4. Free of charge service / price of services

Access to the Site: Browsing the Site is free.
Access to the Solution: Free
The Services: Insurance services are charged per trip based on several parameters (speed, time, type of road, etc.).

For more information on pricing, payment and billing terms and conditions, please read the Datafolio terms and conditions available in the Applications.  

5. Intellectual property and counterfeiting

Datafolio is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the Site and the Applications, in particular the texts, images, graphics, logos, videos, icons and sounds. Datafolio grants to the User a personal, non-transferable, non-exclusive right to use the Site and the Applications for its own purposes only and strictly limited to the use of the Site and the Applications. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site and the Applications, whatever the means or process used, is prohibited, except with prior written authorisation. Any unauthorised use of the Site or the Applications or of any of the elements contained therein shall be considered as constituting an infringement and shall be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.

6. Responsibility of Datafolio

Datafolio is subject to an obligation of means and is only responsible for direct damages.

6.1 Content of the websites and Applications

a)With regard to information and content published on the platform by the Users
In accordance with article 6.I.2 and following of the law n°2004-575 of 21 June 2004 for the Confidence in the Digital Economy, Datafolio is subject to a regime of mitigated responsibility on this information and content. Thus, the information and content published on the platform by the Users (notices, messages,...) are not controlled by Datafolio before being put online. However, they can be controlled and removed by Datafolio if necessary.

b) With regard to hypertext links to content on third party sites
The Site or the Applications contain only a certain number of hypertext links to other sites. The User acknowledges that the Site or the Applications do not assume any responsibility for the provision of these links as no control is exercised over these external resources. The Site and the Applications cannot be held responsible for the content or operation of these third-party sites. Any creation of links to the Site or the Applications and more generally any use of any element of the Site or the Applications is subject to the prior written permission of Datafolio, which may be revoked at any time at its sole discretion. In accordance with article 6.I.2 and following of the French law n°2004-575 of 21 June 2004 for the Confidence in the Digital Economy, Datafolio is subject to a reduced liability regime.

c) With respect to the content published by Datafolio
The information presented on the Website or the Applications is general information, provided for information purposes only, non-exhaustive and without guarantee. It is provided "as is" and may be changed by Datafolio at any time. Datafolio endeavours to provide information on the Site and the Applications that is as accurate as possible. However, Datafolio cannot be held responsible for any omissions, inaccuracies or lack of updates, whether caused by Datafolio or by third party partners who provide the information. In the event of invalidity of a stipulation of the present GTU, the other stipulations shall retain all their force and scope. The photos proposed on the Site and the Applications are not contractual.

6.2 Force Majeure

Finally, Datafolio shall not be liable in case of force majeure as defined in article 1218 of the French Civil Code or in case of events beyond its control.

6.3 Security

Datafolio shall not be liable for any breach of computer security that may cause damage to your equipment and data or for any intrusion by a third party despite the security measures put in place. The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, the Hosting Company reserves the right to interrupt the hosting service for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructure, in case of infrastructure failure or if the Services generate a traffic deemed abnormal. Datafolio and the Hosting Company shall not be liable for any failure of the Internet, telephone lines or computer or telephony equipment, including but not limited to network congestion, that prevents access to the server.

6.4 Hardware

Datafolio shall not be liable for any material damages related to the use of the Website or the Applications. In addition, the user of the Website or the Applications agrees to access the Website using recent hardware, free of viruses and with a last generation updated browser.

7. Reporting of content

In accordance with the law n°2004-575 of 21 June 2004 for Confidence in the Digital Economy, you can report inappropriate content: - by email to the following address hello@datafolio.io;
- directly on the government website: https: //www.internet-signalement.gouv.fr/PortailWeb/planets/SignalerEtapeAccepter!execute.action

8. Personal data management

In connection with the use of the Site and the Applications, Datafolio may process personal data of Users as submitted in the forms on the Site or the Applications or as a result of their use of the Site or the Applications in accordance with applicable law. Such processing of personal data is detailed in the Privacy Policy, available here.

9. Security incident reporting

Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, whether at national or European level.

10. Applicable law and jurisdiction

Any dispute relating to the use of the site is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Paris.