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END USERS LICENSE AGREEMENT (EULA)

date of last update: March 1st, 2023.

1. Who are we ?

We are REEWORK, a simplified joint-stock company registered at RCS Nanterre under number 909 821 381, with its registered office located at 20 rue Marius Aufan, 92300 Levallois-Perret "(Culturelive").


You can contact us at the following email address : hello@culture-live.com.

2. What do we offer ?

Culturelive provides a solution for recognizing and rewarding employees’ engagement.

Within this context, we operate the Culturelive platform (the "Platform") that offers employees a recognition solution, enabling them to identify the actions that their company is willing to promote and reward the positive behaviors of their colleagues (the "Services").

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You have access to the Platform as part of the agreement concluded with our client, for whom you work as a collaborator (the "Client"), so that you can benefit from our Services.

These general terms and conditions of use ("Terms and Conditions") grant a personal license to an individual user ("User") to access the Services.

3. How to access our Services ?

You can access our Services by directly visiting the Platform through your user account, which has been created for you ("Account").

4. What are our Services ?

You can find out more about our Services on our Platform.


You have access to the following Services:

  • To find out about the engaging actions recognized within the company in which you work;

  • Report engaging actions done by your colleagues and be notified of engaging actions that you have done and that have been reported by your colleagues;

  • Access your balance of reward tokens;

  • Ask the Client to convert your reward tokens into a fungible or experiential option.

 

We reserve the right to offer any other Service that we deem useful, in a form and according to the functionalities and technical means that we deem most appropriate for providing said Services.

5. For how long do you have access to our Services?

You may use our Services for the period agreed by our Client.


You acknowledge and agree that if our Client terminates their contract with us, your Account will be automatically deactivated and you will no longer be able to access the Services.


As an exception to the above, you may continue to use the Services by subscribing to them directly with us by contacting us at the e-mail address indicated in the "About us" section.

6. What are our respective intellectual property rights and what can we do about them ?

The Platform is our property, as are the software, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, etc.) that we use. They are protected by all intellectual property rights or database producers rights in force. The licence we grant you does not entail any transfer of ownership.

You are granted a non-exclusive, personal and nontransferable licence to use the Platform in SaaS mode for the period set out in the article "For how long do you have access to our Services?"

7. What are your obligations and what are you responsible for?

7.1. Concerning your Account

You hereby :

  • Guarantee that the information provided is accurate and undertake to keep it up to date;

  • Acknowledge that this information is proof of your identity and is binding on you as soon as it has been validated;

  • Are responsible for maintaining the confidentiality and security of your login and password.

 

Any access to the Platform using these is deemed to have been made by you, and you must contact us immediately using the contact details given in the "About us" section if you find that your Account has been used without your knowledge.


You acknowledge that we shall have the right to take all appropriate measures in such a case.

7.2. Concerning the utilisation of Services

You are responsible for your use of the Services and for any information you share in this context. You undertake to use the Services personally and not to allow any third party to use them in your place or on your behalf.


You are responsible for any relationships you may form with other Users. You undertake to act with discretion and respect the usual rules of politeness and courtesy in your dealings with Users.


You undertake not to misuse the Services for purposes other than those for which they were designed, and in particular to :

  • carry out an illegal or fraudulent activity ;

  • undermine public order and morality;

  • infringe the rights of third parties in any way whatsoever;

  • violate any contractual, legislative or regulatory provision;

  • engage in any activity likely to interfere with a third party's computer system, in particular for the purpose of breaching its integrity or security;

  • carry out any manoeuvres designed to promote your services and/or sites or those of a third party;

  • assist or incite a third party to commit one or more of the acts or activities listed above.

 

You also agree not to:

  • copying, modifying or misappropriating any element belonging to us or any concept that we use as part of the Services;

  • engage in any conduct likely to interfere with or hijack our computer systems or undermine our computer security measures;

  • infringe our financial, commercial or moral rights or interests;

  • market, transfer or give access in any way whatsoever to the Services, the information hosted on the Platform or any item belonging to us;

  • Use the Services other than in accordance with the contractual relationship between us and your employer who is our Client.

 

As part of your use of the Services, you may publish content of any kind, in particular editorial and photographic content (the "Content"). You are solely responsible for the Content that you publish as part of the Services and acknowledge that the Client is solely responsible for the Content of any kind that it publishes on the Platform.


You agree that Content posted on the Platform may be made public and visible to other Users and to your employer, our Client.


You shall refrain from disseminating any Content (this list is not exhaustive):

  • infringing public order and morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist),

  • infringes the rights of third parties (infringing content, violation of personality rights, etc.) and more generally violates a contractual, legislative or regulatory provision,

  • damages the reputation of your employer,

  • prejudicial to third parties in any way whatsoever,

  • misleading, deceptive or proposing or promoting illegal, fraudulent or deceptive activities,

  • harmful to the computer systems of third parties.

 

We act as a hosting service provider for Content exchanged via the Platform. Consequently, we are not responsible for such Content.


If we receive a notification concerning an illicit Content, we will act promptly to remove it or make it impossible to access, and we may take the measures described in the article "What are the penalties for failing to meet your obligations?"

8. Our responsibility

Without prejudice to the other obligations set out herein, we undertake to provide the Services diligently and in accordance with the state of the art, it being specified that we have an obligation of means, to the exclusion of any obligation of result, which you expressly acknowledge and accept.


We undertake to carry out regular checks to verify the operation and accessibility of the Platform. In this respect, we reserve the right to temporarily interrupt access to the Platform for maintenance purposes.


Similarly, we cannot be held responsible for temporary difficulties or impossibilities in accessing the Platform due to circumstances beyond our control, force majeure, or due to disruptions in the telecommunications networks, as you and the Client are aware of the complexity of the global networks and the influx of Internet users at certain times.


We do not guarantee (i) that the Services, which are subject to constant research in order to improve their performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way offered for the sole intention of a given Client according to his own personal constraints, will specifically meet his needs and expectations.


You expressly acknowledge that our Client alone is responsible for determining the actions to be taken within the company in which you work and that he alone is responsible for converting your reward tokens. Djob cannot be held liable in any way in this respect.


Damages resulting from contractual breaches on our part will be dealt with in the contract we have concluded with your employer who is our Client.


Our liability to you is limited to the direct personal injury you suffer as a result of using our Services.

9. How is your personal data processed in connection with the Services?

We have a personal data protection policy which is available here and which you are invited to read.


As part of the Services, we may process your personal data in the name and on behalf of our Client, as a subcontractor, whereas our Client acts as a data controller within the meaning of the applicable regulations on the protection of personal data.


If you have any questions about the processing of your personal data, please contact your employer, who is our Client.

10. Hosting and mainteanance

10.1. Hosting

We undertake to ensure, under the terms of an obligation of means, the hosting of all content published by the User and the Client on the Platform in accordance with the practices of the profession and the state of the art, by a professional hosting service provider, carrying out its activity in accordance with the practices of the profession and the state of the art.


Within this framework, we undertake to provide you with sufficient storage and processing capacity within the framework of the Services, in accordance with the practices of the profession and the state of the art.


We undertake to implement all the technical means, in accordance with the state of the art, necessary to ensure security and access to the Services, covering the protection and monitoring of infrastructures, the control of physical and/or intangible access to said infrastructures, and the implementation of detection, prevention and recovery measures to protect servers from malicious acts.


We also undertake to take all necessary precautions, having regard to the nature of the data and the risks presented by the automated data processing implemented for the purposes of the Services, to preserve the security of the data, and in particular to prevent it from being distorted, damaged or accessed by unauthorised third parties.

10.2. Maintenance

​Apart from any technical assistance, any anomaly detected by the User must be reported to our Client, who will deal with the anomaly directly with us.

11. Support

We offer you technical assistance accessible by e-mail at the address indicated in the article "About us", enabling you to report any difficulties encountered when using the Services.

12. Links and third-party sites

We cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including any of our partners) which you access via the Platform.


We accept no responsibility for the content, advertising, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.


Nor are we responsible for transactions between the User and any advertiser, professional or merchant (including any of its partners) to which the User may be directed via the Platform, and we shall under no circumstances be a party to any disputes whatsoever with such third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations or any other obligations whatsoever to which such third parties are bound.

13. Evidence agreement

You expressly acknowledge and agree:

  • that the data collected on the Platform and Djob's information system are proof of the reality of the operations carried out in the context of the present contract;

  • that this data constitutes the main form of proof accepted between the parties.

14. How do I request the end of Services?

You may unsubscribe from the Platform at any time by sending us a request to that effect to the contact details set out in the "About us" section. You will then no longer have access to your Account.


At our Client's request, we may unsubscribe you at any time. You will then no longer have access to your Account or to the Services.

15. What are the penalties for failing to meet your obligations?

The obligations set out in the article "What are your obligations and what are you responsible for?" are essential obligations.


If you fail to comply with your obligations, we may suspend or terminate your access to the Services and/or take legal action.


These sanctions are without prejudice to any damages that we may claim from you.

16. How can we modify our General Terms and Conditions ?

We may amend our Terms and Conditions at any time and will notify you by any written means (including email). If you continue to use our Services after the entry into force of our amended Terms and Conditions, we will consider that you have accepted them.


If you do not accept these changes, you must terminate the Services in accordance with the procedure set out in the "How do I request the end of Services" section.

17. Applicable Law and Jurisdiction

​Our Terms and Conditions are governed by French law.

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