last update: 12/08/2016
Société OPENDATASOFT, a simplified joint-stock company with a capital of 271,750.00 euros, located at 130, rue de Lourmel, 75015 PARIS, RCS PARIS 538 168 329 (hereinafter ‘OPENDATASOFT’), operates the platform accessible at https://www.opendatasoft.com/ (hereinafter the ‘OPENDATASOFT PLATFORM’). Based on a model in SaaS and an economic approach, the OPENDATASOFT PLATFORM can provide numerous uses: Open Data portals, internal data references, smart city platforms, dataset market places … and it allows the following:
To benefit from these functionalities, the OPENDATASOFT PLATFORM provides three [sic] types of offerings:
These General Conditions of Use (hereinafter the ‘CGU’ – Conditions Générales d’Utilisation) govern all of the different uses of the OPENDATASOFT PLATFORM through these two types of offerings.
Important ACCORDINGLY, ANY USE WHATSOEVER OF THE OPENDATASOFT PLATFORM ENTAILS COMPULSORY ACCEPTANCE BY THE USER WITHOUT RESERVATION OF THESE GENERAL CONDITIONS OF USE (CGU), WHICH CAN BE CONSULTED AND DOWNLOADED AT: HTTPS://LEGAL.OPENDATASOFT.COM/EN/TERMS-OF-USE.HTML.
The terms listed hereinafter shall have, in the context of these General Conditions of Use, the following definitions:
These General Conditions of Use (hereinafter the ‘CGU’), entered into between OPENDATASOFT, on the one hand, and the USER, on the other hand, (hereinafter collectively referred to as the ‘PARTIES’) have the purpose of framing the rights and general obligations of the PARTIES in the context of the use of all the SERVICES offered via the OPENDATASOFT PLATFORM. They constitute the common foundation of contractual relations and are supplemented by:
Every USER can access the PUBLIC SPACE and consult the DATASETS without having to open an account.
USERS wishing to become CLIENTS are called upon to follow the registration procedure defined hereinafter.
Registration on the OPENDATASOFT PLATFORM is in principle open to any juridical or natural person, who is capable and of age.
OPENDATASOFT nonetheless reserves the discretionary right to refuse registration if the CLIENT’s activities would not be in accordance with the image of the OPENDATASOFT PLATFORM, and this is so, without its being possible to hold OPENDATASOFT liable in any manner whatsoever.
USERS who wish to open an account should first do the following:
In the event that the CLIENT should supply inaccurate or not up-to-date information, OPENDATASOFT may immediately suspend or cancel the CLIENT’s account, without prior notice or indemnity.
OPENDATASOFT shall inform a USER who has become a CLIENT that his registration has been accepted, following review by an administrator to authorize sending of an e-mail confirmation to the address provided in the registration process. This address constitutes the CLIENT’s identifier, and he must also choose a password.
The CLIENT shall be solely liable for the use of his elements of identification by third parties, or actions performed by the intermediary for his account, whether they are fraudulent or not.
In the event that a CLIENT should disclose or use these elements in a manner at variance with their purpose, OPENDATASOFT may then cancel the account without prior notice or indemnity. The CLIENT shall hold OPENDATASOFT harmless against any claims in this regard.
Under no circumstances will OPENDATASOFT be held liable in the event that the CLIENT is subject to identity theft. Any access and action performed from a CLIENT’s account will be presumed to have been performed by that CLIENT, insofar as OPENDATASOFT has no obligation and does not have the technical means enabling it to ensure the identity of persons with access to the OPENDATASOFT PLATFORM and its SERVICES.
Any loss, misappropriation or unauthorized use of a CLIENT’s identifiers and its consequences redound to the sole liability of the CLIENT, and the latter is required to give OPENDATASOFT notice thereof, without delay, by e-mail sent to the following address: email@example.com.
Upon connecting, through his account the CLIENT will be able to:
Through his BACK-OFFICE, the CLIENT will particularly be able to:
The CLIENT may deregister his account at any time close by sending an e-mail to: firstname.lastname@example.org. OPENDATASOFT shall proceed as swiftly as possible to deactivate the account, and shall send to the CLIENT an e-mail confirming the closure of his account and the definitive deletion of all his elements on the OPENDATASOFT PLATFORM.
Accordingly, prior to the closing of his account and his DOMAIN, it is incumbent upon the CLIENT to collect all data that he would like to recover (files of data sources, processed DATASETS, etc.).
Access to the OPENDATASOFT PLATFORM is possible 24 hours a day, 7 days a week, except in cases of force majeure, technical incidents or interventions made necessary for the proper functioning of the OPENDATASOFT PLATFORM.
In navigating on the OPENDATASOFT PLATFORM, each USER has the possibility of:
SERVICES dedicated to CLIENTS, explained in detail at http://www.opendatasoft.com, notably include the following:
The particular Service Level Conventions (including the specification of maintenance and hosting services) can be entered into between OPENDATASOFT and the CLIENT in the context of the paid offerings set forth in detail at the time of subscription, as well as the related General Conditions of Service.
In the context of the use of the OPENDATASOFT PLATFORM, each USER undertakes to not violate public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these General Conditions of Use.
Each USER has the obligation to do the following:
With regard to the legal and regulatory provisions in force, and pursuant to the Law of July 29, 1981, concerning freedom of the press, the USER undertakes not to disseminate messages or information that:
In the context of the use of the SERVICES, the CLIENT undertakes to:
It is further noted that the CLIENT uses the OPENDATASOFT PLATFORM and the SERVICES under his sole and exclusive liability. The CLIENT is in particular solely liable for the DATASETS disseminated by the OPENDATASOFT PLATFORM and for his relations with the BENEFICIARIES, with OPENDATASOFT having, in this context, the role of a mere technical intermediary.
In the context of the use of the SERVICES, the BENEFICIARIES undertake to:
The USER is solely responsible for his use of the DATASETS and more generally for any content published on the OPENDATASOFT PLATFORM. OPENDATASOFT shall not be held liable for any damage caused by the use of all or part of the DATASETS, or content published in the PUBLIC SPACE of the OPENDATASOFT PLATFORM.
The same applies to DATASETS accessible via the CLIENTS’ DOMAINS. Any third party site, particularly those accessible by hypertext link, or DOMAIN created by the CLIENTS, which USERS may access via the OPENDATASOFT PLATFORM, do not fall under the liability of OPENDATASOFT.
At all events, the source of the DATASETS and other content published on the OPENDATASOFT PLATFORM is given to the USER by OPENDATASOFT, which shall not be held liable for content of which it is not the author.
OPENDATASOFT, moreover, denies any kind of liability in the following cases:
It is expressly agreed between the PARTIES that OPENDATASOFT is subject to a general obligation to undertake its best effort, and that it is not bound by any performance obligation or best effort with no fault obligation of any kind.
Generally speaking, OPENDATASOFT does not guarantee that the use of the SERVICES will generate an increase in turnover.
The USER can hold OPENDATASOFT liable provided that he has previously given notice by registered letter with Return Receipt of the alleged breach, and OPENDATASOFT has not replied within a period of thirty (30) days counting from the receipt of such notification. At all events, it is noted that establishing the liability of OPENDATASOFT cannot be sought except in cases of proven error.
Furthermore, by the very nature of the Internet (interconnection of a multitude of independent users interacting with each other) nothing can guarantee the overall functioning of networks from start to finish. OPENDATASOFT will not under any circumstances be held liable for any loss of which it is not the direct source.
Under no circumstances can the liability of OPENDATASOFT be asserted, whatever the type of action brought, for any sort of indirect damage, for example, though without limitation, any financial or commercial loss, lost profits, commercial difficulties, loss of earnings, harm to a third party, or action filed by a third party against the USER, as well as their consequences, associated with these presents or their execution. The USER is solely responsible for any loss, direct or indirect, material or immaterial, caused by him or one of his employees to OPENDATASOFT or to third parties resulting from his use of the OPENDATASOFT PLATFORM and its related SERVICES.
It is expressly agreed between the PARTIES that the stipulations of this clause shall continue to apply even in the case of the termination of this Contract established by a final court decision.
It is noted that for all DATASETS published by the CLIENTS, OPENDATASOFT shall have the status of host in the sense of Article 6 I 2) of the Law of June 21, 2004, for Confidence in the Digital Economy. In this capacity, OPENDATASOFT undertakes to remove promptly any content that is manifestly illicit as soon as it shall have knowledge thereof.
Notification concerning manifestly illicit content can be given by e-mail at email@example.com, and by mail through registered letter with confirmation of receipt, as per the forms prescribed by Article 6 I 5) of the Law of June 21, 2004. It is necessary to provide the link to the content identified as manifestly illicit, and to substantiate the fact.
Pursuant to these rules, USERS acknowledge that OPENDATASOFT does not guarantee the validity or completeness of the DATASETS or content disseminated by the CLIENTS via their DOMAIN or via the PUBLIC SPACE, or whether they are up to date.
Only the CLIENTS are liable for the DATASETS, content and services that they offer directly to BENEFICIARIES via the OPENDATASOFT PLATFORM and its SERVICES.
The USER acknowledges that the OPENDATASOFT PLATFORM and all its components are the exclusive property of OPENDATASOFT.
Except for data published by CLIENTS, it is noted that brands, logos, slogans, graphic elements, photographs, animations, videos, software, SOLUTIONS, databases and texts created, published or recorded by OPENDATASOFT are the exclusive property of OPENDATASOFT, and therefore cannot be reproduced, used or represented without express prior authorization, under penalty of legal prosecution. In this light, the USER is forbidden:
Any total or partial representation of the OPENDATASOFT PLATFORM or its components, through any behavior whatsoever, without the express prior authorization of OPENDATASOFT or, as the case may be, of CLIENTS, with respect to DATASETS disseminated by their actions, is prohibited, and shall constitute a counterfeit sanctioned by Articles L. 335-2 and following, and Articles L. 713-1 and following of the Code of Intellectual Property.
Furthermore, OPENDATASOFT expressly prohibits the following:
Each one of the PARTIES guarantees the other PARTY that it will respect the legal and regulatory obligations incumbent upon it as a result of its role, in connection with the protection of personal data.
In the context of the operation of the OPENDATASOFT PLATFORM, OPENDATASOFT is authorized to collect personal data.
These data are necessary to the management of the OPENDATASOFT PLATFORM and will be processed pursuant to the purposes indicated at the time of collection.
In this regard, the USER is called upon to consult the Confidentiality Policy accessible at https://legal.opendatasoft.com/en/privacy-policy.html which will give him more complete information concerning the protection of personal data, and the processing performed through the OPENDATASOFT PLATFORM.
It is noted that a USER whose personal data is being processed enjoys the right to access, and the right to correct and challenge the processing of his personal data, pursuant to Articles 38 and following of Law n°78-17 known as the “Computer and Freedoms” Law of January 6, 1978, as amended. These rights can be exercised under the law by a simple e-mail request addressed to firstname.lastname@example.org, or by standard postal delivery to the address of the company headquarters of OPENDATASOFT, with proof of his identity and a legitimate reason if it is required by the law.
In the event of processing personal data implemented by the CLIENT from his DOMAIN, OPENDATASOFT shall have the status of a subcontractor in the sense of Article 35 of the law of January 6, 1978, cited above.
It is therefore expressly agreed between the PARTIES that OPENDATASOFT:
OPENDATASOFT cannot be held liable, or deemed to have failed to fulfill these General Conditions of Use for any delay or lack of execution, if the cause of the delay or lack of execution is associated with a case of force majeure as it is defined by the jurisprudence of French courts and tribunals, in particular, in the event of hacking, unavailability of materials, supplies, hardware, peripherals, personal or other equipment; and interruption, suspension, reduction or disruptions of electricity or other things, or any interruptions of electronic communications networks.
OPENDATASOFT reserves the option to update and amend these General Conditions of Use at any time, it being specified that the CGU in force are those published on the OPENDATASOFT PLATFORM at the time of access to the PLATFORM and the navigation of the USER.
No instruction or document can give rise to an obligation not included in these General Conditions of Use (CGU), if they are not subject to a new agreement between the PARTIES.
The PARTIES declare, moreover, that these General Conditions of Use cannot under any circumstances be construed as an act establishing a juridical person or any legal institution whatsoever, and that any kind of “affectio societatis” is strictly excluded from their relations.
The fact that one of the PARTIES may not have demanded the application of one of the clauses of these General Conditions of Use, whether on a permanent or temporary basis, may not under any circumstances be construed as a waiver of the said clause.
In the event of any difficulty of interpretation among any of the titles appearing in the article headings, and any one of the articles themselves, the titles will be declared non-existent.
If any one of the stipulations of these General Conditions of Use should be found to be null in the light of a legislative or regulatory provision in force and/or a court decision with the authority of a final ruling, it will be deemed unwritten, but this will not in any way affect the validity of the other clauses, which shall remain fully applicable.
These General Conditions of Use are subject to French law.
In the event of disputes arising between the PARTIES regarding the interpretation, execution or termination of these General Conditions of Services, the PARTIES shall strive to reach an amicable settlement.
IN THE ABSENCE OF AN AMICABLE SETTLEMENT WITHIN A PERIOD OF ONE (1) MONTH COUNTING FROM THE FILING OF A CASE IN COURT BY ONE OF THE PARTIES VIA REGISTERED LETTER WITH CONFIRMATION OF RECEIPT, THE LITIGATION WILL BE SUBMITTED TO THE TRIBUNALS OF THE COURT OF APPEALS OF PARIS TO WHICH THE ATTRIBUTION OF COMPETENCE IS EXPRESSLY MADE, THIS ATTRIBUTION OF COMPETENCE APPLYING ALSO TO MATTERS OF SPECIAL URGENCY.