1. Scope and purpose

Access to https://hability.fr/ (the ” Site “) and its use are governed by these general terms and conditions of use (the ” T “) which set out the terms and conditions of use of the Site and govern the relationship between H’ability, a simplified joint-stock company with a share capital of 5,000 euros, whose registered office is located at 2 rue Gustave Eiffel, 10430 Rosières-prés-Troyes, France, registered with the Troyes Trade and Companies Register under number 893 555 342 (” H’ability “) and any Internet user who accesses or browses the Site (the ” User “). These T are accessible and can be consulted at any time on the Site. The User may also print the T or download them.

The Site allows the User to consult information and content relating to the solution developed by H’ability, to obtain a demonstration of the latter, and to obtain information about H’ability’s activities and news.

H’ability will make every reasonable effort to ensure that the information and content on the Site remains accurate and up-to-date, but reserves the right to correct and/or modify all or part of the Site and/or these Terms of Use at any time, without notice. All changes made to the T will take effect on the date they are posted on the Site. By using the Site after the publication of these changes, the User acknowledges acceptance of all these changes. H’ability will inform the User of any material changes made to these T by any means of its choice, including by displaying a banner on the Site.

The applicable T are those in force on the date of the User’s browsing on the Site. Consequently, if the User consults or browses the Site, he or she will be deemed to have read and accepted the T in force and to have accepted them without reservation. If the User refuses all or part of these T, he/she is not authorized to use or browse the Site.

2. Intellectual property

The H’ability trademark, as well as all figurative or non-figurative trademarks and more generally any other distinctive sign appearing on the Site, whether registered or not (the ” Trademarks “) are and remain the exclusive property of H’ability or have been licensed to H’ability. No right or license to use the User is granted with respect to the Marks.

The Site and all graphic, textual, visual and photographic elements appearing therein, in particular all illustrations, images, drawings and models, photographs, characters, textual elements, decorations, modes of presentation, methods of access to data, databases or other organization of data, graphics or other elements appearing on the Site (the ” Content “). “) are and remain the exclusive property of H’ability or have been licensed to H’ability and are protected by intellectual property rights. No right or license to use the User is granted with respect to the Content.

The Trademarks, the Site and/or the Content may not be modified, reproduced, represented, transmitted, distributed, displayed, sold, integrated into a derivative work or any other type of work on any medium whatsoever. More generally, the Trademarks, the Site and/or the Content are provided for the personal, private and non-commercial purposes of the User. The use of all or part of the Trademarks, the Site and/or the Content, in particular by downloading, reproduction, transmission, representation or display for purposes other than those provided for in these T is strictly prohibited.

Subject to compliance with these Terms of Use, H’ability grants Users a personal, non-exclusive and non-transferable right to access and use the Site, the Content and/or the Trademarks only for the purposes expressly provided for in these Terms of Use to the exclusion of any other use. As a result, it is strictly forbidden to:

• copy, reproduce, represent/display, broadcast, distribute and/or publish, permanently or temporarily, all or part of the Site and/or the Content and/or the Trademarks by any means or process (in particular, caching, framing, etc.) on any medium known or unknown to date;
• create derivative works from the Site and/or the Content and/or the Marks;
• modify, translate, adapt or transform all or part of the Site and/or the Content and/or the Marks;
• disassemble, decompile or reverse engineer the Site and/or the Content;
• distribute, transmit, transfer, broadcast, sell, rent, license or exploit, in any way, all or part of the Site and/or the Content and/or the Trademarks;
• attempt to perform one of the actions listed above.

3. Links to the Site – Links to Third Party Sites

It is also forbidden to create a hypertext link to the Site or to elements of the Site without the express prior written authorization of H’ability. Requests for authorization must be sent in writing to the following address: contact@hability.fr. Permissions granted may be revoked at any time at H’ability’s sole discretion.

H’ability reserves the right to request the removal of any link to the Site that has not been authorized, or that is no longer authorized, and to claim damages for the damage suffered in this respect.

It is possible that not all sites that contain a hypertext link to the Site or any of its elements are under the control of H’ability, which, consequently, declines any responsibility (in particular editorial) for access to these sites and their content.

The Site may contain links to other websites or external sources (” Third-Party Websites “). To the extent that H’ability has no control over these Third-Party Websites or their content, H’ability makes no commitment to the availability of these Third-Party Websites and their content, and disclaims any responsibility for the content, advertising, products, services or any other elements available on or from these Third-Party Websites. By providing links to these Third-Party Websites, H’ability does not endorse, associate with, or make any representations about the content of such Third-Party Websites. Furthermore, these links do not indicate any association between H’ability and the owners and/or authors, designers, managers, administrators or hosts of these Third-Party Websites. These links are provided for informational purposes only and you acknowledge that you are solely responsible for any decision by you to enable links to such Third-Party Websites. H’ability also declines all liability for any damage or loss, proven or presumed, in connection with, or resulting from, the use of, the content, products and services available on these Third-Party Websites, or the reliance placed in them by Users.

4. Liability

The Site and its Content are provided “as is” and are subject to availability. The User is solely responsible for his/her use of the Site and its Content and, in particular, for compliance with the obligations incumbent on him/her under the terms of these T

H’ability does not guarantee that the Site or its Content will be error-free or uninterrupted. The Site is normally accessible 24 hours a day, 7 days a week, subject to a case of force majeure, the availability of the internet network and/or interruptions of the Site for technical reasons related to updates to the Site, its maintenance or any other technical cause. H’ability undertakes, within the framework of an obligation of means, to provide access to the Site under the conditions set out in these T, and to make every effort to remedy any malfunction, suspension or interruption of the Site brought to its attention. The User acknowledges and agrees that H’ability may be obliged to temporarily or permanently suspend access to the Site without notice, in particular for technical and/or maintenance reasons, regardless of the origin or cause, without this entailing any liability on its part.

It is also specified that the Internet network and the information and telecommunications systems used in connection with access to and use of the Site are not free of errors or bugs and that interruptions and breakdowns may occasionally occur. H’ability cannot be held liable for any inconvenience, loss or damage related to the use of the Internet, including, in particular, in the event of transmission and/or reception of data and/or information on the Internet of poor quality, any defect in the reception of equipment or communication lines, any malfunction of the Internet network preventing the proper functioning of the Site and, more generally, any loss or damage arising from the use of the Site, the Internet network and the information and telecommunications systems. H’ability, its directors and employees shall not be held liable for any loss or damage, regardless of the cause, arising from the use of the Site, for which the User is solely responsible. It is the responsibility of Users to take all appropriate measures to ensure the security of their equipment, data, software or other elements belonging to them, in particular against any contamination by a virus and/or any intrusion attempt of which they may be victims.

5. Personal data and cookies

Users are informed that the Site places cookies on their terminal and that H’ability processes personal data. In this regard, Users are invited to read H’ability’s Data Policy available at the following address: https://hability.fr/politique-de-donnees/.

6. Miscellaneous provisions

If one or more provisions of these T are held to be invalid or unenforceable under any applicable law or regulation or by a decision of a competent court, this provision shall be deleted but without affecting the validity or enforceability of the remaining provisions.

Any failure by H’ability to enforce its rights under any provision of these T shall not be considered or interpreted as a waiver of the benefit of this provision or of the right to enforce it subsequently and/or of any remedy that H’ability may exercise in the event of a breach of this provision.

7. Applicable law – Complaints and disputes

Any request for information, clarification or assistance or any complaint relating to the Site must be sent to H’ability by email or by post to the recipients indicated on the first page hereof.

These T are governed by and construed in accordance with French law.

In the event of a claim or dispute in connection with, or arising from, the application, interpretation or execution of these Terms of Use, the parties undertake to seek an amicable settlement of the dispute. In the absence of an amicable agreement within two (2) months of receipt by H’ability of a written notification informing it of the dispute sent in accordance with the terms above, each party may bring the dispute before the competent French courts, it being understood, however, that the User may have recourse to an alternative dispute resolution procedure including, In particular, a mediation procedure via the European online dispute resolution platform accessible at http://ec.europa.eu/odr which will try to resolve the dispute amicably.