Support platform terms and conditions

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1. General

The present Support Platform Terms and Conditions (hereafter the “Terms”) bind you as a user of the support web site https://creativas.atlassian.net/servicedesk/ and by the fact as a consumer of Support and Maintenance services (hereafter the “Support Platform”) and Creativas (hereafter individually referred to as a “Party” and together as the “Parties”).

The acceptance of the Terms is mandatory and made by checking the box to this effect when you create your Creativas Support account, before accessing the Support Platform for the first time, or when login to the Support Platform if the Terms and Conditions has changed.

2. Scope of the Terms

These Terms govern the provision of the Support and Maintenance services of the Creativas products or applications (hereafter the “Products”) you have purchased or simply got on the Atlassian platform as a cloud-based or on-premise solution.

Beyond these legal terms and conditions, the details on “how” the Party provides operational support and maintenance activities is not in the scope of the terms.

3. Registration and security

In order to open an account, go to the main login page and click on Sign up for an account. As part of the registration or account creation process, you will create login credentials by selecting a password, providing an e-mail address, and your full name. Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. You are responsible for maintaining the confidentiality of your password.

Please notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

All new requests support tickets are private, which means only you and our team can have access to it. All attachments (i.e. screenshots, backups, logs, etc.) will be kept private and will never be communicated to any other third-party entity without your explicit approval.

If you need to add more users than only yourself on the request, you can do so by clicking on the sharelink after the request has been created. The users you add must have an account on our platform.

You will use your account to access the Support Platform, open new requests and communicate with our dedicated support team. All accounts are personal, we will never ask you for your password or any kind of sensitive information related to your profile. We will keep all your data on our support platform and we will never communicate any kind of information to any third-party entity without your explicit approval.

When you contact our support by mail, if a user account does not already exist with your email address, then it will be automatically created.

4. Privacy policy

Creativas privacy policy is entirely applicable to the Support Platform.

We may collect personal data from you and your users in connection with your use of the Support Platform.

We undertake to comply with our obligations with respect to the protection of personal data pursuant to data protection regulations, (i.e. the General Data Protection Regulation 2016/679 of 27 April 2016, the Directive (EU) 2016/680 of 27 April 2016, the Law no. 78-17 of 6 January 1978 on information technologies, data files and civil liberties, as amended, and all applicable laws relating to the processing of personal data and privacy).

5. Limitation of liability

We shall be liable to you for the foreseeable and direct damages in connection with these Terms, to the exclusion of indirect damages such as loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of the Product, data or information, failure of security mechanism, interruption of business, costs of delay or for any indirect or consequential damage of any kind.

We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts you provided, or in the case you do not implement the required actions.

In any event, our total liability arising under or in connection with these Terms shall not exceed the amount you actually paid for the Product maintained.

Nothing in these Terms shall limit or exclude Parties liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, gross negligence or willful or deliberate misconduct, or any other liability which cannot be limited or excluded by applicable law.

We will have no obligations or responsibility under these Terms for issues caused by the use of any third-party hardware or software.

If you enable or use third-party products or services with the Product, you acknowledge that the third-party providers may access or use your data as required for the interoperation of their products and services with the Product. You are solely responsible for the decision to permit any third-party provider or third-party product or service to use your data. It is your responsibility to carefully review the terms between yourself and the third-party provider, as provided by the applicable third-party provider. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE) OR FOR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDERS OR VENDORS.

6. Dispute Resolution

If either Party (hereafter referred to as the “First Party”) believes in good faith that the other Party (hereafter referred to as the ”Other Party”) has breached any term of these Terms, then the First Party shall notify the Other Party, in writing setting forth in reasonable detail the nature of the alleged breach (hereafter referred to as the “Notice of Breach”). If the Other Party does not dispute the validity of the Notice of Breach, then it shall promptly undertake to cure the breach. If, however, the Other Party disputes the validity of the Notice of Breach, then the Parties shall comply with the following provision in order to expedite the review, verification, cure and remedy of any such breach.

Any dispute to be resolved pursuant to these Terms shall first be submitted for resolution to the authorized contacts of each Party. If such authorized contacts are unable to resolve the dispute within fourteen (14) days after the date on which the Notice of Breach is received by the Other Party (or such longer time as it mutually agreed in writing), then each Party shall be free to pursue whatever remedies hereunder, at law or in equity may be available to it,  in respect of the subject matter of the dispute.

7. Miscellaneous and General

Parties must maintain appropriate insurance cover with a reputable insurance company against all relevant liabilities and indemnities that may arise under these Terms.

Nothing in these Terms is intended to or shall operate to, create a partnership between the Parties, or to authorize either Party to act as agent for the other, and neither Party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.

Each Party shall not be liable for any delay or breach in any of its obligations pursuant to these Terms which originates from a force majeure event within the meaning of Article 1218 of the French Civil Code.

If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any such invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were modified in any way, the Parties shall negotiate in good faith to modify such provision so that, as modified, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

No failure or delay by a Party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.

We may modify these Terms from time to time, with notice given to you, through the Support Platform. The modifications will take effect at the earlier date between the moment you are informed and the next renewal of the Terms. If you do not accept the modifications, you cannot use the Support Platform.

Neither Party may assign (except by way of security), transfer, sub-contract or otherwise dispose of these Terms and any of its rights or obligations thereunder, without the prior written consent of the other Party.

The Terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including without limitation non-contractual disputes or claims) are governed by and interpreted under French law. Each Party irrevocably agrees that the courts of Paris, France, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).

The Terms constitute the entire agreement and understanding between the Parties relating to their subject matter and supersede any previous agreement between them relating thereto. In entering into these Terms neither Party has relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether made innocently or negligently and whether or not made in writing) of any person (whether or not Party to these Terms) which is not expressly set out in these Terms. Nothing in this clause shall, however, operate to limit or exclude any liability for fraud.

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