GTU

PRELIMINARY PROVISIONS

These general terms and conditions of use of the SSLOK Solution (hereinafter the "GTU") apply in their entirety, consisting of both this preamble and the clauses that follow it and have been agreed between, on the one hand, the company CyberSalus, operating under the trade name SSLOK, a simplified joint stock company, with capital of 1000 euros, established at 90 Bis rue de Fougères 35700 RENNES, registered with the RCS of Rennes under number 949 833 313 and whose intra-community VAT number is FR15949833313 (hereinafter "SSLOK") and, on the other hand, the User as defined herein.

SSLOK reserves the right to deviate from certain clauses herein, depending on the negotiations conducted with the User, by establishing specific conditions set out in the Quote.

These T&Cs constitute the essential and determining conditions for any use of the SSLOK solution (hereinafter the "SSLOK Solution") accessible at the URL https://SSLok.io (hereinafter the "Web Application") and on smartphone via the SSLOK web app (hereinafter the "Mobile Application") by any user located in mainland France and within the European Economic Area (hereinafter the "User") in order to import, order, monitor, manage, renew and automatically deploy SSL/TLS digital certificates via the SSLOK Solution.

Connecting to the SSLOK Solution and, a fortiori, checking the box “I accept the general conditions of use of SSLOK” implies unreserved acceptance of the T&Cs.

1. GLOSSARY

Abuse of service : Any act by a User, intentional or not, having an impact, of whatever magnitude and of whatever nature, on the normal functioning of SSLOK's services and the services provided by it to the User and its other customers.

Anomaly : Means any malfunction, reproducible and repeated defect and/or non-conformity of the functionalities of the SSLOK Solution in relation to its intended purpose, which prevents the normal functioning of all or part of the SSLOK Solution or which causes an incorrect result or unsuitable processing while the SSLOK Solution is used in accordance with its intended purpose.

Data : All information related to the SSLOK Solution, namely the data transmitted by Users (raw data) and processed by the SSLOK Solution (processed data). An integral part of this information is personal data as defined by Article 4 paragraph 1 of the GDPR.

Identifier : Codes including the User name and a password, necessary to access all the features of the SSLOK Solution. The Identifier is unique, personal and confidential. It is transmitted to the Client for as many Identifiers as there are Users. Any use of the Identifier is considered to be made by the Client. It is therefore the Client's responsibility to ensure the confidentiality of the Identifiers.

GDPR : Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Users : Persons designated by the Client under its sole responsibility and having access to the SSLOK Solution via their Identifiers. Also considered users are any employee, agent and subcontractor of the Client as well as any other person having, in any way whatsoever, the Client's access to the SSLOK Solution.

2.CONDITIONS OF PROVISION OF THE SERVICE

2.1 Use of the service

In order to use the service, the User must create a User account.

2.2 Your rights and how to exercise them

Here you will find some information about your rights and how to exercise them

You may have access to your data, as well as rectify it, or exercise your right to limit its use. Furthermore, you have the right to object to this use and to erase this information. You may also exercise your right to the portability of your data.

You can consult the CNIL.fr website or https://www.cnil.fr/fr/reglement-europeen-protection-donnees/chapitre3#Section2 for more information on your rights.

2.3 Access to the service by the User

The User acknowledges being informed that the equipment allowing access to the SSLOK Solution is not, by default, secure. As a result, the User acknowledges having to equip his equipment with an antivirus, a VPN and to protect it with a secure password, in accordance with the state of the art. Thus, any data breach resulting from the lack of securing of the equipment will not constitute a reason for engaging the liability of SSLOK; which the User expressly accepts.

The Identifiers chosen by SSLOK Users are unique, personal and confidential. Any connection via the Identifier is presumed to have been made by the User. The User undertakes, without delay, to notify SSLOK of any theft or breach of confidentiality of the Identifier at the address rgpd@SSLok.io.

2.4 Availability of the service

SSLOK will provide its best efforts to enable the availability of the service 24 hours a day, 7 days a week, except in cases of force majeure, events beyond the control of SSLOK, possible breakdowns and interventions necessary for the proper functioning of the service and equipment.

SSLOK thus undertakes to implement the best means to guarantee the availability of the SSLOK Solution. However, SSLOK cannot be held responsible for disruptions, outages/Anomalies resulting from any event over which SSLOK does not, directly or indirectly, have control and which would affect in particular transmissions via the Internet network and more generally, via the communication network, whatever their importance and duration.

SSLOK reserves the right to close access to the SSLOK Solution in order to ensure maintenance of the hardware and software necessary for processing and hosting information. More generally, SSLOK reserves the right to interrupt access to the SSLOK Solution in order to ensure its security and integrity. To the extent possible, SSLOK informs Users in advance of any interruption of access to the server, whether caused by it or of which it may be aware. SSLOK undertakes to make its best efforts to carry out preventive maintenance outside peak hours.

SSLOK undertakes, for the duration of the Subscription, to ensure a minimum availability rate of 99.99% excluding periods of planned maintenance, technical interventions, due to the Customer or an unauthorized third party and/or periods of interventions under the conditions defined above. Under these conditions, and without its liability being incurred in this regard, SSLOK will make its best efforts to offer, at the request of the User and provided that the latter has formulated by any written means urgent needs related to its activity, a degraded mode operating solution.

3. HOSTING OF CONTENTS

SSLOK undertakes to make its best efforts to ensure the absence of problematic content on the SSLOK Solution and to ensure respect for the privacy and intellectual property rights of third parties. However, SSLOK does not carry out any control of the content such as texts, images, videos, media, drawings (hereinafter the "Content") exchanged, distributed or shared by Users when using the SSLOK Solution, subject to the reservations mentioned below.

3.1 User Content

SSLOK acts as a host of the Content and only retains a purely technical role of making the SSLOK Solution available, within the meaning of the Law of June 21, 2004 for Confidence in the Digital Economy (known as the "LCEN" law) and cannot be held liable except in the event that SSLOK has expressly refused to remove illegal content brought to its attention by written notification under the conditions provided for in Article 6, I, 5° of the LCEN. In particular, the fact that SSLOK does not remove content or Content reported by a User cannot be analyzed as SSLOK's agreement on its content. SSLOK reserves the right, without having to justify its decision, to remove from the SSLOK Solution any Content that does not comply with the publication rules provided for in this article. SSLOK may, at its discretion and to the extent possible, amicably contact the User who published the Content concerned that has been deleted, in order to explain the reason.

The User will be personally responsible for all Content that he/she distributes on the SSLOK Solution.

In particular, the dissemination on the SSLOK Solution of content of an obscene, racist, religious, discriminatory, defamatory, denigrating or inciting hatred, as well as any contribution infringing the rights of third parties and personality rights, and in particular:

In the event of dissemination by a User of Content that infringes the rights of third parties, SSLOK reserves the right to prosecute the User who disseminated such content criminally and/or civilly. The User guarantees SSLOK in the event of a claim or infringement of the rights of third parties due to the Content published by him.

3.2 Reports by Users

Any User may inform SSLOK of the fraudulent use of their intellectual property rights, their distinctive signs or attributes of their personality or any other problematic content (such as offensive, illicit, xenophobic content, etc.), by sending an email to contact@SSLok.io. The User must communicate to SSLOK any element likely to identify the Content concerned (date and time of observation, screenshot, etc.). SSLOK undertakes to take all reasonable measures to stop the observed infringement and is authorized to suspend or close, temporarily or permanently, any User account that infringes the rights of third parties and these T&Cs.

The User is informed that in application of the law for confidence in the digital economy, reporting Content to SSLOK as illicit with the aim of obtaining its removal or stopping its distribution, when he knows this information to be inaccurate, is liable to be punished by a sentence of one year's imprisonment and a fine of 15,000 Euros.

4. OBLIGATIONS AND RESPONSIBILITY OF SSLOK AND THE USER

4.1 Responsibility and obligations of SSLOK

SSLOK is only bound by an obligation of means in the execution of the services offered on the SSLOK Solution. SSLOK undertakes to make its best efforts to secure access to and use of the SSLOK Solution, and SSLOK is free to choose the most appropriate form and technical means to make all the functionalities of the SSLOK Solution available to the User.

SSLOK cannot be held responsible for external intrusions, the presence of computer viruses in the User's computer system, the possible consequences of a total or partial alteration of the operation of the SSLOK Solution originating from an Abuse of Service, the non-functioning or slowness of the User's telecommunications network. SSLOK's liability is excluded for any defect or non-performance not resulting from its actions, in particular in the event of non-performance of its obligations by the User. In particular, SSLOK cannot be held responsible for the data entered or imported by the User into the SSLOK Solution or for the access rights granted by the User to other users. The User guarantees SSLOK against any conviction or transaction (civil, administrative or criminal) that would be pronounced against it in the context of legal actions having as cause or object any actions relating to the data entered or imported by the User in the SSLOK Solution (texts, images, etc.), including in particular the lawyer's and expert fees and the costs and losses that could result for SSLOK. In any event, SSLOK's liability excludes in particular any indirect, consequential or immaterial damage, and includes in particular any lost profit, loss, commercial prejudice, loss of turnover, loss of customers, loss of opportunity, and is, in any event, limited to the amount paid by the Customer during the current contractual year.

The security measures implemented by SSLOK on the SSLOK Solution are described in SSLOK's commercial documentation and in the Customer Privacy Policy.

4.2 Obligations and liability of Users

The User undertakes not to communicate his/her username and password to a third party and declares and acknowledges that the access he/she benefits from to the SSLOK Solution is strictly personal. Failing this, SSLOK reserves the right to suspend or terminate the User's account.

Use of the SSLOK Solution requires having a compatible computer, tablet or smartphone with a regularly updated operating system. The User is solely responsible for regularly updating the operating system of their computer equipment and for complying with the provisions of Articles 2.1 to 2.3.

In general, SSLOK cannot be held responsible in the event of difficulties in accessing the SSLOK Solution for which the cause is not directly and exclusively attributable to it.

Unless proven otherwise by the User, any connection to the Web Application and the Mobile Application will be deemed to have been made by the User. Any loss, theft, misappropriation or unauthorized use of his email address or password and their consequences will be the sole responsibility of the User.

5. INTELLECTUAL PROPERTY

SSLOK warrants that it has all rights to permit the use of the SSLOK Solution under the conditions set forth herein.

Access to the SSLOK Solution does not grant Users any title or ownership rights over the SSLOK Solution.

In the absence of express authorization from SSLOK, Users are therefore prohibited from:

  • Reproduce, arrange, adapt, translate all or part of the SSLOK Solution;

  • Correct, or have corrected by a third party, any errors and/or bugs in the SSLOK Solution;

  • Carry out any form of commercial exploitation of the SSLOK Solution;

  • Modify or seek to circumvent any protection device of the SSLOK Solution;

  • Conduct research from the SSLOK Solution for the purpose of creating a derivative or competing work;

  • Assign, provide, lend, rent the SSLOK Solution, grant sublicenses or other usage rights, or more generally, communicate to a third party or an affiliated company all or part of the SSLOK Solution;

  • Integrate all or part of the SSLOK Solution into any computer system or other software solution;

  • Carry out the remote transmission of the SSLOK Solution, its networking, in particular on the Internet, or its distribution in any other form.

Users undertake to comply with the applicable regulations, in particular concerning the legality of content imported and/or exported from or to the SSLOK Solution. As such, SSLOK cannot be held liable in the event of non-compliance with this provision by Users.

Users are informed that any violation of the preceding provisions is likely to result in Banishment, without prejudice to any damages that SSLOK may claim, and, in addition, may be qualified as acts of counterfeiting liable to civil and criminal prosecution.

When using the SSLOK Solution, Users may use Content. To this end, Users ensure that they have all rights, including intellectual property rights, to use all elements such as, but not limited to, trademarks, logos, photos, videos, texts, hyperlinks, etc.

Users also guarantee to SSLOK that the elements used are lawful under national, European and international law.

6. PROTECTION OF PERSONAL DATA

6.1 SSLOK as Subcontractor

Access to the service by Users results from the establishment of a Subscription between SSLOK and its Customers. In this context, the Parties are required to process personal data concerning you, within the meaning of the GDPR. As such, and only for the services for which SSLOK is a subcontractor within the meaning of the GDPR, SSLOK and its Customers have organized their obligations and responsibilities and have entered into a "Subcontracting Agreement relating to the processing of personal data" in accordance with the requirements of Article 28 of the GDPR.

SSLOK undertakes, upon request from Users , to provide a copy of its register of processing activities carried out as a subcontractor. To request this, please contact us at contact@SSLok.io.

6.2 SSLOK as Data Controller

Users ' personal data , as data controller, for the following purposes:

All of our processing is based on the following legal basis: the Contract primarily and our legitimate interest occasionally. Therefore, the processing that SSLOK implements as data controller does not require obtaining your consent.

Your data is not sold, exchanged or transferred outside the European Union. It is kept for the duration of the processing and, in the absence of legal obligation or administrative interest, is immediately deleted upon expiry.

In accordance with the Data Protection Act No. 78-17 of 6 January 1978 as amended, Regulation (EU) 2016/679 and the Law for a Digital Republic of 7 October 2016, you have the right to access, rectify, limit, oppose, delete, the right to the portability of your data and to transmit instructions on their fate in the event of death.

You can exercise these rights by sending an email to rgpd@SSLok.io.

Finally, SSLOK undertakes to communicate, at the request of Users , any documentation necessary to attest to its compliance with the GDPR and in particular:

7. ADDITIONAL PROVISIONS

7.1 The applicable T&Cs are those in effect at the time of subscription to the Subscription.

7.2 SSLOK reserves the right to modify the T&Cs at any time. Any new version of the T&Cs will automatically replace the previous version.

7.3 Any failure or delay in exercising any right by either Party shall not be construed as a waiver of any right.

7.4 If any provision of the Contract is void in whole or in part, under a rule of law or a law in force, it will be deemed unwritten but will not result in the nullity of the Contract or that of a partially concerned clause.

8. DISPUTES

In the event of a dispute with SSLOK, Users may, at their choice, refer the matter to the competent courts of the jurisdiction of SSLOK's registered office or to the competent courts of the jurisdiction of their domicile. In the same case, SSLOK may refer the matter to the courts of the jurisdiction of the Users' domicile.