Terms and Conditions

Preamble

Timauthy, registered as a trademark at the INPI (International Intellectual Property Institute), is a a secure data management service (the Service), operated en France by Guillaume R. DORBES.

The Timauthy service can be used:

  1. from the « timauthy.com » Internet domain (hereafter the Website) and its sub-domains,
  2. from eponym applications available and downloadable on various sofware platform (hereafter the App or Apps).

THESE GENERAL TERMS AND CONDITIONS OF SERVICE (the Terms) are a legal and binding agreement between you (hereafter You or the User or the Customer) and Guillaume R. DORBES (hereafter the Service Provider or We), governing your use of OAuthentic Service.

PLEASE CAREFULLY READ THIS AGREEMENT. BY CREATING AN ACCOUNT, SUBMITTING AN ORDER OR BY ACCESSING OR USING THE WEBSITE, AN APP, OR SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, THE SERVICE PROVIDER IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE Website OR SERVICES AND YOU MUST NOT ACCESS OR USE THE Website OR SERVICES. IF YOU ACCESS OR USE THE Website OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT

These Terms are in addition to your obligations and rights under our Privacy Policy. For the avoidance of doubt, in the event of a conflict between the Terms and the Privacy Policy, or other terms and conditions posted on the Website, these Terms control. If you are using our Services on behalf of a business, that business accepts these terms. If you are unsure of your rights and obligations under the Terms, please contact us at contact@oauthentic.com

The Service Provider reserves the right to change these Terms from time to time at its sole discretion by posting on the Website or by providing any other notice, such change, update, addition, and your rights under these Terms will be subject to the most current version of these Terms posted on this page at the time of your use. If you do not agree with the Terms, do not use this Website, register for an Account or request Services.

Conditions applying on July 1st, 2024.

Definitions

Each capitalized term in the Agreement, whether used in the General Terms and Conditions, the Special Terms and Conditions or in any document that is part of the Agreement shall have the meaning given below unless otherwise expressly stated.

« Data » means Customer’s electronic data, whether or not personal data, which are collected, managed, processed and/or shared by Customer and Service Provider.

« Account » means all data of a User identified by a unique identifier such as an email address.

« Intellectual Property Right » means any patent, patent application, copyright, moral right, trade name, trademark, service mark, trade secret, and any application or right to apply for registration thereof, internet domain names, logos, designs, slogans, and general intangibles of a similar nature, computer software programs or applications, tangible or intangible proprietary information, know-how, proprietary processes, formulas, algorithms, or any other intellectual property right, whether registered or unregistered, and whether first created before or after the Effective Date of the Agreement.

« Operating Policies » means the operational rules, guidelines and processes followed by the Service Provider in the operation of the Service, and with which Customer’s compliance is also required in some cases.

« Service » means the Timauthy™ externalized application solution that is hosted on the servers that Service Provider designates and that Customer may execute remotely. The Service includes various features such as:

The Service Provider expressly reserves the right, at any time during the term of the Agreement, to adapt, arrange and/or modify any of the components granting access and use rights to the Service and the associated documentation, provided that the maintenance and support commitments are complied with for these operations. Similarly, The Service Provider may, at any time, discontinue providing a platform deemed obsolete and migrate services to a new infrastructure; in which case, The Service Provider will endeavor to inform you as early as possible and invite You to migrate your account to the new infrastructure, under conditions about which You will be notified.

Support and Service Level

Supply of the Service

We shall use reasonable commercial efforts, in accordance with customary state of the art principles, to ensure the proper functioning of the Service.

Support

The Service Provider provides best-effort support. Answers are sent as soon as possible during business days, from Monday to Friday 08:00 AM - 07:00 PM, GMT+1 +/- DST

Use of the Service

You acknowledge that You read our Operational Policies, as well as the technical and functional specifications of the Service, and that You subscribe to the Service in full knowledge of the terms and conditions.

You undertake to use the documentation information solely for your own needs or the needs of your contracting entity.

You shall comply with the terms and use restrictions, if any, set out in these General Terms and Conditions, and You shall be responsible for ensuring that your users also comply with said terms and use restrictions.

Customer shall not interfere with or disrupt operation of the Service and shall comply with the Documentation for access to and use of this Service.

The Service Provider's service commitment only concerns its Customers and Direct Users. If you are an agency or a service company and use the Service on behalf of your customers or if you have such needs, please contact us by email (contact@timauthy.com).

Personal data

Each account is personal and can only be accessed and used by You or the users duly authorized by You if You are a company. You recognize and acknowledge that You may be liable for any unlawful, wrongful or fraudulent use of the master account or any of its attached sub-accounts, and You guarantee Us against any action or claim arising from such a use.

Intellectual Property

OAuthentic and all collateral trade names and marks referenced on the Website, without limitation, are among the registered trademarks of the Service Provider, its affiliates and/or licensors. You are not allowed to use any such trademarks without Service Provider’s express written agreement. All Website content, including graphics, logos, page headers, icons, and service names are the property of Service Provider and its affiliates. Other trademarks that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Service Provider. Any images of persons or personalities contained on the Website are not an indication or endorsement of Service Provider or any particular product unless otherwise indicated. Service Provider reserves all rights not expressly granted herein.

The Service Provide and its affiliates are the sole and exclusive copyright holder of the Website. Copyright law protects all content and design of the Website, including any and all collateral materials relating thereto. You are not allowed to use any such Website content or design without Service Provider’s express written agreement. You may not use, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of our platform. Any activity that infringes terms of this Agreement violates copyright law and will be prosecuted according to the current applicable law.

Subject to full payment of all fees when due, Service Provider grants Customer a limited, non-exclusive, non-transferable, personal and temporary right to access and use the Service. This grant of rights shall not be deemed an assignment to Customer of any of Service Provider’s intellectual property rights to the Service or any of its components.

The Service Provider expressly reserves the exclusive right to act in order to adapt, arrange and/or modify any of the components of the Service and, in particular, to correct any errors within it.

All intellectual property rights or other property rights to the results, if any, of all work and services provided by the Service Provider in the course of the performance of this Agreement and of the Assistance Services in particular, as well as to any associated documentation and to all or any part of any copy of the results of such work and services, or the derivatives, enhancements or modifications thereof (hereinafter collectively referred to as “Work Product”) are and shall remain the sole property of Service Provider. To the extent the Work Product is deemed to be owned by the Customer, the Customer hereby agrees and covenants to assign and transfer and, to the extent any such assignment cannot be made at present, will assign and transfer, to Service Provider and its successors and assigns, all its right, title and interest in all Work Product. It is agreed that such assignment will occur at the time the Work Product is completed, and shall apply worldwide, for the duration of the corresponding rights. At any time or from time to time after the date hereof, the Customer agrees to cooperate with Service Provider, and at the request of Service Provider, to execute and deliver document necessary to consummate this Work Product assignment.

Customer Data

Vis-à-vis the Parties, the Data used, issued, processed, hosted, safeguarded or stored by the Service Provider on behalf of Customer or at Customer’s request are and shall remain Customer’s property. The Service Provider is nonetheless authorized to use the Data in order to check the quality of Customer’s good practices; allow use of the Service; internally monitor and enhance the Service; analyze Customer’s use of the Service, in terms of volume and history; analyze and communicate statistics to its various customers about overall use of the Service, provided the information disclosed (i) is aggregated with Service Provider’s other customers’ data and (ii) and is made anonymous in order that no customer may be directly or indirectly identified.

You undertake to comply with the legislation and regulations applicable to the processing of personal data in the country where they are collected, including, if applicable, Directive EC/95/46.

To this end, You shall be responsible for carrying out all mandatory reporting formalities.

You are hereby advised that, unless an agreement has been signed by the Parties to this end, the Service shall not be used to process sensitive personal data, especially personal data of a medical nature or pertaining to health conditions.

You are hereby also informed that the Data, including personal data, that You transfer to Us when using the Service may, depending on the geographical location of users, cross borders as they are routed to the servers that host the Service and store the Data. You undertake to inform the relevant personal data owners and to obtain any required prior consent.

Compliance with the Law

You (i) shall comply with all laws and regulations in force that are applicable in any country from which You access the Website and/or use the Service.

Furthermore, You agree to reimburse Us for any action or formality We may be required to carry out to comply with a legal demand or request from an administrative or judicial authority.

In the event You become aware of a violation by any third party of any provision of these General terms of use or of any law or regulation and, in particular, if You become aware of a security breach by a third party or discover a security breach, You shall immediately notify Us by any means, including by sending an e-mail to contact@timauthy.com.

Withdrawal – Termination and deletion of Account

Right of withdrawal

If You are a consumer, in accordance with the EU Directive 2011/83/UE, You are entitled to withdraw Your subscription within seven (7) days from the date of subscription to the Services. However, this right of withdrawal can not be exercised if You already started to use the Service.

Termination and/or deletion of an account upon the Service Provider’s initiative

The Service Provider may terminate your Account and the performance of Services at its sole discretion: (a) at any time and for any legitimate reason for a free subscription provided reasonable notice is given; or (b) after You have been notified by The Service Provider following any breach of laws or regulations or these Terms and Conditions, including and without limitation, if payment or part payment of any sum due by You is not received, in the event of a payment incident, in the event of a breach or attempted breach of the Website or App security, or in the event of fraud or attempted fraud when using the Website or App.

Consequences of the termination

Upon expiration or termination of Your account for any reason whatsoever, all amounts still owed by You, if any, shall become due and payable immediately. We won’t refund any prepaid fees and to charge Customer the full amount that Service Provider would have been entitled to charge Customer for the remaining term until the end of the initial term.

You shall also return to Us any copy of documents (whether hard copy or electronic) owned by Us that may be in Your possession. You are advised that as of the effective termination date of Your account, You will cease to have access to Your account and to the data stored therein.

Warranties

The Service Provider makes all commercially reasonable efforts to deliver a functional Service and substantially compliant with its documentation and service level agreement, but does not guarantee an error- or “bug”-free service. If You notice a non-compliance, you must notify The Service Provider as soon as possible and The Service Provider undertakes to make every commercially reasonable effort to remedy the non-compliance, as this is your only recourse.

The Service Provider also ensures that the Support Services will be provided, where appropriate, according to the description given in the Special Conditions or the purchase order signed by You and proper codes of practice, as the Service Provider is only bound by an obligation of means in this instance.

You declare, warrant and agree, in The Service Provider’s favor, that:

  1. You have the right and authority to subscribe and use the Service on the one hand, and accept these Terms and Conditions on the other hand, and if you accept this agreement on behalf of a corporation or other entity, to link the company or other entity hereunder;
  2. You have the right and executing authority of your obligations under these Terms and Conditions; and
  3. all data, information or content that You provide for the Service Provider in the context of your access to the Service is accurate and up-to-date.

Furthermore You acknowledge that The Service Provider does not control the transfer of data via the internet, and cannot be held responsible for delays or delivery problems arising from internet.

Limitation of Liability

The Website may include links to other websites or other Internet sources. Insofar as We cannot control these websites and external sources, The Service Provider cannot be held responsible for the availability of such external websites or sources, and may not be held liable in any way for the content, advertising, products, services or other materials on or available from such external websites or sources. In addition, The Service Provider cannot be held responsible for the behavior of other users, nor for any proven or alleged damage or loss subsequent to or in connection with access to, use of or the fact of having trusted the content, goods or services available on such external Websites or sources.

The Service Provider will be freed from the performance of Service‡, following an event of Force Majeure.

Furthermore, for maintenance reasons, The Service Provider may suspend access to the Service; in such cases, The Service Provider will endeavor to forewarn You and to keep the length of the interruption to a minimum.

IN ANY EVENT, THE SERVICE PROVIDER (INCLUDING ITS THIRD PARTY SUPPLIERS, ONE OF ITS EMPLOYEES OR REPRESENTATIVES) MAY NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING AND WITHOUT LIMITATION, LOSS OF REVENUE, PROFITS, CHANCE, BUSINESS INTERRUPTION, OR DATA LOSS, EVEN IF THE PARTIES WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

The Service Provider can not be held responsible for any fraudulent use of end user authentication supports including, without limitation and for example, their email system, their mobile phones or smartphones.

In all cases, The Service Provider’s total liability is limited, all damage combined, to the amount paid by You to The Service Provider, if any, for use of the Service during the twelve (12) months preceding the date on which the damage occurred. This limitation does not apply to damage due to bodily injury (including death) or to willful misconduct or gross negligence.

You acknowledge that You have subscribed the Service with knowledge of (i) the risks related to them and (ii) the level of risk accepted by You. The prices applicable have been agreed upon in consideration of this clause, which is integral to the economic balance of the Agreement.

Force Majeure

The Service Provider shall not be responsible for any default or delay due to causes beyond its control including, without limitation, strikes, lock outs, shut down of internet connections by Internet provider, cyber-attacks on the Website.

If a Force Majeure event occurs, this Agreement shall be automatically suspended during the time the force majeure event continues, and neither Party shall be liable to the other for non-performance or delay in the performance of a required obligation due to the force majeure event, provided the non-performing Party gives prompt written notice of its inability to perform specified obligations due to the force majeure event and uses reasonable efforts to resume its performance of its obligations as soon as possible. It is agreed that the other Party may, during the time the force majeure event continues, similarly suspend performance of its obligations until such time as the non-performing Party resumes performance of its obligations. The Parties shall meet in order to jointly determine the conditions for resuming performance of the Agreement as soon as possible. If a force majeure event continues for a period of sixty (60) days, the Agreement may be terminated by either Party, by giving notice by certified mail, return receipt requested, effective immediately, if the Impacted Obligations are material obligations under the Agreement. Notwithstanding the foregoing, in no event shall a force majeure event excuse or delay a Party’s obligations with respect to confidentiality or Intellectual Property Rights.

Privacy and GDPR compliance

The General Data Protection Regulation (GDPR) is a directive that comes into force on May 25, 2018 and imposes a number of obligations on service providers to ensure greater transparency in the processing of personal data. This section summarizes the GDPR obligations and how The Service Provider satisfies them for the OAuthentic service.

The Service is subject to a declaration to the National Commission for Data Protection and Liberties (CNIL-France) n° XXXXXXXXXXX

Minimizing the collection of personal data

By design, data collection is limited to the very purpose of the service both from the point of view of Customer or User.

Ensuring lawful basis of the treatment

For both customers and end-users the Service is lawful for at least one of the following reasons:

Avoiding sensitive data process

The Service does not deal with sensitive data within the meaning of National Commission for Data Protection and Liberties (CNIL-France).

Showing legal notices

The Service brings various legal notices:

Respecting the right of data portability

The Service respects the right to portability of data by allowing Users to freely access the data that concerns them and to retrieve them simply and in an open digital format thanks to the basic functions of the Service.

Defining a treatment compliance register

This is the list of processed treatments, their purpose, the categories of people involved, the processed data and the recipients. All these data appear in the Service documentation.

Ensuring the security of personal data

The CNIL defines personal data as Any information relating to a natural person identified or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements of its own. In order to determine whether a person is identifiable, all the means must be considered in order to enable his identification which is available to or to which the controller or any other person may have access.

General security rules

In general, the data security of the Service is provided in accordance with the state of the Art of Internet service practices:

Maintaining a security issues and data breaches report

Any security or data breaches, regardless of the nature, are logged in a security issues and data breaches report. For each event, the following information is logged:

Nominating a Data Protection Officer (DPO)

Given the current size of the company, Guillaume R. DORBES is acting as DPO.

Implementing a Privacy Impact Assessment (PIA) for sensitive processes

This point is not applicable for the Service in the absence of sensitive or confidential data.

Not transferring personal data outside the European Union

All OAuthentic data is stored, processed and saved in France.

Consent and transparency

Consents are explicit and appear in subscription and confirmation and emails.

Cookies

The Service has made the technical choices to not implement cookies.

Miscellaneous

Transfer of the Agreement – Change of Control

For the avoidance of doubt, it is hereby reiterated that Customer has a personal, temporary, non-transferable and non-exclusive right to access and use the Service.

Under these conditions, it is expressly agreed that Customer shall not transfer the Agreement or any right derived from the access and use of the Service to a third party, whether by a contribution, assignment, concession, merger, demerger, loan or otherwise, including without consideration, or within the group to which Customer belongs, without Service Provider’s prior written agreement.

Subcontracting

The Service Provider reserves the right to use the subcontractor(s) of its choice to provide the services in connection with the Services, and shall remain liable to Customer for the performance thereof in accordance with the terms and conditions and subject to the reservations stipulated in this Agreement.

Entire Agreement

These Terms of Use, including the Operational Policies along with any purchase order and/or special conditions, constitute the entirety of the commitments between You and us. It establishes all of the Parties’ rights and obligations and supersedes all prior oral or written commitments that directly or indirectly concern the subject matter of the agreement between us. This agreement binding us may only be modified by a written amendment which is signed and designated as such by both parties (You and us).

Severability

If any one of the provisions of the Agreement is deemed void under any legal principle, law or regulation, or is invalidated by a court decision, it shall be severed from the Agreement, but the other provisions of the Agreement shall remain in full force and effect.

Forbearance

Unless otherwise specified in the Agreement, a Party’s forbearance in not requiring the enforcement of any clause of the Agreement shall not under any circumstances be deemed a waiver of such Party’s rights under such clause.

Governing Law – Jurisdiction

These Terms of Use are subject to French law. Failing amicable settlement, any difficulties related to their interpretation or validation, and any dispute between us will be the exclusive jurisdiction (i) of the court in the defendant’s city if You are a consumer, or otherwise (ii) the Clermont-Ferrand courts, particularly if you are a legal entity, notwithstanding multiple defendants or third party claim.

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