Terms and conditions of use and sale
Purpose and scope
HAYSOO sise 5 avenue du Général de Gaulle - 94160 SAINT MANDE (RCS Creteil B 904 528 155) owns the rights to use the "BLEU REFLET" software by the user on the https://bleu-reflet.com website. The Software are online tools for tracking and analyzing these tools on a website addressed to marketing professionals in the jewelry and watchmaking sector and developed to help them improve the customer experience and optimize SEO, traffic and conversion.
The software can be accessed from the user's account on the https://bleu-reflet.com website.
The purpose of these general conditions of use (hereinafter the "General Conditions" or the "GCUV") is to define the terms and conditions under which HAYSOO (hereinafter "HAYSOO"), on the one hand, makes available to users the "BLEU REFLET" software accessible at https://bleu-reflet.com, and the services associated with said software, and on the other hand, the terms and conditions of use of said software by the user.
It is specified that the user's right to use the software and the associated services form an indissociable whole: the user cannot access the software without the associated services and vice versa, which the user acknowledges and accepts.
Any subscription request made to the HAYSOO teams or on the https://bleu-reflet.com website for the use of the software implies acceptance of and compliance with all the terms and conditions herein.
If the user does not wish to accept all or part of the stipulations below, he/she is requested to renounce all use of the software and associated services.
In the event that the User exceeds his/her rights of use or violates the intellectual property rights of the software, HAYSOO may terminate the User's subscription in accordance with the terms and conditions set forth hereinafter, implying the end of the User's access to the software / the cessation of all rights of use of the software.
Definitions
The terms and expressions below, when preceded by a capital letter, have the meanings given to them below:
"Subscription" or "License" refers to the subscription taken out by the user as described below ("ESSENTIAL" Subscription or "CLASSIC" Subscription) allowing the user to use BLEU REFLET software in order to benefit from the services offered by the software;
"Customer", "Licensee", or "User" refers to the user who has accepted these General Terms and Conditions of Use in order to benefit from the services associated with the Software;
"Account" means the access account secured by personal parameters (email and password) enabling the User to access the Software and associated services;
"General Conditions" or "General Conditions of Use" or "GCU" means the General Conditions of Use of the Software services within the framework of the Subscription by the Customer;
"License" refers to the user's temporary, non-exclusive right to use the Software.
"BLEU REFLET" software and associated Services;
"Software": refers to the Reflet 360 / Reflet Model / Miroir de BLEU REFLET software solutions;
"Parties": refers to HAYSOO and the User;
"Services" refers to all the services of the Subscription subscribed to by the User and associated with the Software as described in particular in the article "DESCRIPTION OF SERVICES" of these Terms and Conditions of Use;
"Website" refers to the BLEU REFLET website (https://bleu-reflet.com) created, developed and operated by HAYSOO, on which the User is invited to subscribe in order to access the Software and Services;
"Company" means the HAYSOO company which holds the rights to use the Software which it grants to the User as part of access to the BLEU REFLET Software and Services.
Acceptance and enforceability
Compliance with all commitments under these General Terms and Conditions of Use.
The User undertakes to comply with all the provisions of these General Terms and Conditions of Use and Sale prior to subscribing to the Subscription and using the Software and Services.
In the event of any contradiction between the stipulations herein and the notices listed on the Site, it is expressly agreed between the Parties that the stipulations herein shall prevail.
Acceptance
The User declares that he/she has obtained all necessary information from HAYSOO regarding the Services associated with the Software. The User hereby unreservedly accepts these General Terms and Conditions of Use and Sale.
Modifications
The User of the Services acknowledges and agrees that :
The General Conditions of Use may be modified or amended at any time by Société HAYSOO in order to improve the Services;
In the event of modification of the General Terms and Conditions of Use by the Company, the new General Terms and Conditions of Use and Sales will be notified to the User at the time of opening the Services when he logs on to his Account, and must again be accepted in accordance with the procedure described in the "Acceptance" article above, failing which the User will not be able to access the Services;
Any use of the Services after modification of the General Terms and Conditions of Use and Sale implies acceptance by the User of the new General Terms and Conditions of Use.
Opposability
These General Terms and Conditions of Use and Sale are binding on the User prior to the first use of the Services.
The User may at any time renounce use of the Software and its associated Services, but remains liable for all prior use.
Service description
- Purpose of services
HAYSOO grants the User a non-exclusive license to use the Software and associated Services. This license is limited in time and is valid for the duration of the Subscription taken out by the User in application of the article "DURATION AND TERMINATION TERMS OF SUBSCRIPTIONS" below. The User is considered a Licensee when he/she uses the Services by logging into his/her Account using his/her login and password, after following the Account creation procedure detailed below. Software is an online tool for digital experimentation and analysis aimed at marketing professionals in the jewelry and watchmaking sector and accessible via the User's Site on the product sheets. In particular, the software enables the User to benefit from the following services:
- Virtual fitting of jewelry/watches
- Virtual fitting on uploaded photos or models
- 360° jewelry/watch solution
- Sharing on social networks
- Integration of promotional offers
- Zoom
- Hosting of 360 product photos in High Resolution and Definition
- Integration on website or tablet
- Creation of a "Play Room" page
- Personalization
- Detailed statistics (time, click, share, etc.)
2.2 Digitalization
HAYSOO produces the Photographs and/or the 360, depending on the option chosen by the Customer, within the deadlines agreed between the Parties. The deadlines mentioned in the Contract are understood to be in working hours and/or working days in Metropolitan France (Monday to Friday, excluding public holidays), from the date of receipt of the creations concerned and subject to the Customer having provided HAYSOO with the corresponding Reference Document, duly completed.
For the duration of the loan of the creations, HAYSOO undertakes to use the jewellery/watches sent to it by the Customer in the best possible conditions. HAYSOO will check the good condition of the jewels/watches within forty-eight (48) working hours of taking possession of them and will notify the Customer of any anomaly within the same period. HAYSOO will promptly notify the Customer of any deterioration or damage it has observed. HAYSOO shall not be obliged to repair deterioration which is the consequence of faulty transport or use. Any return due to lack of cleaning of the creation will be invoiced according to the time spent.
HAYSOO undertakes to return the Jewellery on the date agreed between the Parties in a good state of use and maintenance. It is expressly agreed between the Parties that the cost of returning the creations shall be borne by the Customer.
Any quality discrepancies (color reproduction, reflections, etc.) that do not correspond to the contractually agreed finish will be reported to HAYSOO, which will endeavor to correct them within 72 working hours following receipt of detailed written notification from the Customer. In the absence of a return from the Customer within ten (10) calendar days following the transmission by HAYSOO of the Digitized Works carried out under the Contract, the quality of the said Digitized Works shall be deemed to be perfect and to have been accepted by the Customer.
Subscription types
The User can choose to subscribe to several 12-month paid subscription Packs:
Essential" Pack: digitization of 5 creations, integration, statistics, sharing;
Classic" Pack: digitization of 10 creations, integration, statistics, sharing;
Advanced" pack: digitization of 20 creations, integration, statistics, sharing;
Pack prices vary according to the number of creations chosen by the User, and the commitment period is 12 months.
A detailed description of each subscription formula offered by HAYSOO, as well as their price, are presented on the Site.
Add-ons (additional paying functionalities) may be added to the subscription formulas. If the User subscribes to one of these add-ons, his subscription becomes a personalized subscription adapted to his needs. A specific commercial proposal will then be sent to the User.
When subscribing, the User has access to the various statistics of their BLEU REFLET Solution.
Service modification
Société HAYSOO reserves the right to develop its Services or the Site, in particular by making new features available or by modifying and/or deleting features currently offered to the User, Licensee. The Company reserves the right, at any time and from time to time, to modify or interrupt, temporarily or permanently, one or more Services (or all or part thereof) with or without prior notice, in particular in accordance with the evolution of the Software's functionalities and the necessary updates. The User declares that he/she accepts this and waives all recourse against the Company in the event of modification, adaptation, suspension or interruption of a Service.
Account opening procedure
Creating a User Account
To access and use the Services, the User must have a "BLEU REFLET" Account. The "BLEU REFLET" Account is a personal and secure access to the various products in the "BLEU REFLET" range, via a login and password. The User can create an account on the Site https://bleu-reflet.com. Opening an Account (as defined below) implies full acceptance of these General Terms and Conditions of Use and Sale by clicking in the appropriate box. The date of validation of the CGUV and the version of the CGUV accepted will be recorded by Société HAYSOO. The creation of an Account entails the provision of a personal "my account" space on the Site. The creation of an Account is open to any legal entity legally constituted and acting through a duly authorized representative. To create a "BLEU REFLET" Account, the User must provide the following information:
- Username
- Company name
- E-mail address
- Password
The holder of a "BLEU REFLET" Account may change his password at any time in his Account on the Site by clicking on the "My Account" section.
The User undertakes to inform HAYSOO immediately of any loss or unauthorized use of his/her Account, login, email and password. Passwords and identifiers are personal and the User undertakes not to divulge them. The User is therefore solely responsible for their use.
The password is encrypted and is therefore not known to HAYSOO. If the User forgets or misplaces his/her password, the Company will not be able to communicate it to him/her in any way. The User must go through the online procedure to create a new password.
The User undertakes not to communicate his/her Account identifier and password to third parties. The User is responsible for maintaining the confidentiality of his or her login and password, for the conditions of access to his or her computer and for all activities carried out from his or her Account or with his or her login and password. The User must ensure that he does not re-use the same password as that associated with his BLEU REFLET Account in other applications.
When subscribing to a paid subscription, the User's personal data (identity, surname/first name or company name for legal entities, postal address, etc.) will be requested in order to draw up invoices.
The User undertakes to inform the Company without delay of any change in the information provided at the time of subscription, and in particular any change of e-mail address or means of payment. The User may modify his information from his Account on the Site by clicking on the "My Account" section. The User is informed that the Company is under no obligation to modify invoices in the event of a request from the User.
Any false information, impersonation or misrepresentation is prohibited by law and may render the User liable.
The User is solely responsible for the consequences of using his/her Account, until it is deactivated. Consequently, the User acknowledges and accepts that the Company and its partners, co-contractors or assigns shall not be liable in any way in this respect, unless the User can demonstrate that the use of his/her login details and/or Account is the result of fraud attributable to HAYSOO or to the responsible person concerned.
The User undertakes to create only one account corresponding to his/her profile. The Company reserves the right to restrict access to the Software and Services by the User and thus to delete without notice the accounts and data of the offender, without prejudice to HAYSOO's right to institute any legal proceedings that may be necessary and to seek compensation for the damage suffered.
General obligations of the User associated with his account.
The Services are exclusively reserved for persons who have reached the age of majority under French law and who have business status. Any personal use of the Services by the User (for private purposes) is therefore prohibited.
The User therefore undertakes not to use the Services if he/she is not registered with the Registre du Commerce et des Sociétés. The User also undertakes to provide accurate and complete information and to update this information regularly. In this respect, Users may modify their personal information by accessing their Account on the Site.
To ensure the robustness of his password, the User is advised to choose a password that complies with the recommendations of the Commission Informatique et Liberté, i.e. one that is at least twelve characters long, contains four different types of characters among the four existing types (upper case, lower case, numbers and special characters) and has no link with its holder (name, date of birth, etc.).
The User is solely responsible for the preservation, conservation and confidentiality of his/her password and other confidential data that may be transmitted to him/her by the Company. The User undertakes to take all useful measures to ensure this complete confidentiality, HAYSOO assuming no responsibility in particular in the event of negligence on the part of the User with regard to his duty to preserve his personal data.
The User undertakes to inform the Company of any disclosure to third parties or theft of his/her password. Such notification should be sent by e-mail to the following address:
In any event, the Company shall not be held liable in the event of fraudulent or abusive use or deliberate or involuntary disclosure to any third party of the User's login and/or password.
Account suspension and closure
1. Account closure at the User's initiative
The User may close his Account definitively at any time, automatically and without any particular formality, directly via the Site in the "My Account" section or by sending an e-mail to the following address:
2. Closure or suspension of the account at HAYSOO's initiative
In the event of non-compliance with these General Terms and Conditions of Use and Sale, HAYSOO may, at its discretion, suspend or terminate the User's account (or limit the User's ability to use all or part of the Software or Services), at any time, automatically and without notice. In the event of fraud or suspected fraud, the Company may suspend or terminate the User's account, at any time, ipso jure and without any formality, in particular if the Company has reasonable grounds to believe that :
The User pretends to be any other person or entity, or misrepresents his or her identity, or engages in reprehensible behavior when using the Services, i.e. contrary to these GCU.
3. Consequences of account closure
Any closure of the User's Account will result in the definitive deletion of the information communicated to the Company when the Account was opened or updated, and of all documents and information stored on the Site in the User's "My Account" space. Without prejudice to the foregoing, the Company reserves the right to store the aforementioned documents, information and other items on its servers for a reasonable period of time for evidentiary purposes, subject to compliance with the "Personal Data" stipulations below.
In the event of closure of the User's Account by the User, or in the event of misconduct on the User's part characterized in particular by a breach of the stipulations of the present General Terms and Conditions or of the legal or regulatory provisions in force, no reimbursement, either total or partial, of the sums already paid for the Subscription in progress or the purchase of any Service then in progress will be made. Thus, in the case of a current Subscription, the said Subscription will cease immediately as a result of the closure of the Account, and the sums paid by the User will not be reimbursed, which the User hereby accepts.
In the event of closure of the User's Account by the Company for non-compliance with the present Terms and Conditions of Use, the User is formally and strictly prohibited from opening a new Account, with the same or a different e-mail address, or through an intermediary, without the prior written authorization of the Company. In this case, the User is invited to contact the Company at the following e-mail address to request the creation of a new Account:
Subscription duration and cancellation conditions
1. For subscriptions
The License granted to the User under a PAID subscription takes effect from the User's first payment to the company HAYSOO for the subscription, and it is valid for the agreed subscription period between the Parties (12 months) as stated on the invoice sent to the User.
The License operates on the basis of a monthly or 12-month subscription, which is paid in advance by the User.
The User is notified of the end date of their License through their "BLEU REFLET" account on the Website.
At the end of this period, the Subscription is renewed for the same duration as the initial subscription period (i.e., 12 months) until the User cancels the Subscription through their Account. The cancellation must occur before the expiration of the current Subscription (which lasts for 12 months), otherwise, the subscription will be automatically renewed for the same period, with the same features, and the price of the Subscription will be €1 per creation owed by the User, without any possibility of a refund.
If the User does not wish to renew their subscription upon its expiration, they must indicate their desire to cancel by clicking on "Cancel my subscription" in their account. The License will remain active until the end of the subscription and will not be renewed. The User can also cancel their subscription by sending a registered letter with acknowledgment of receipt to the company HAYSOO at its registered office address as indicated in these Terms and Conditions.
The fee paid for the current period remains fully payable to the company HAYSOO. The License only terminates at the end of the current Subscription period.
If the Subscription is not canceled as specified above, the User is informed that they will not receive an email notifying them of the automatic renewal of their Subscription.
It is also specified that the company may terminate the Subscription under the conditions provided in the "SUSPENSION AND ACCOUNT CLOSURE" section above, especially in case of the User's violation of these Terms and Conditions, non-compliance with the License, or infringement of intellectual property rights on the software. In this case, the License will immediately and automatically terminate without any prior notice. The amounts paid by the User for the ongoing Subscription will remain fully and definitively acquired by the company, and no refund will be made.
Under no circumstances can the company be held responsible for the consequences of non-renewal or automatic renewal of the License for the User, and the consequences on the User's professional activity. The User declares that they fully accept these Terms and Conditions.
Subscription modification
1. Modification of license subscription type changes
Paid licenses come in several subscription versions described on the BLEU REFLET Site. The User may modify his subscription version at any time via his account. The modification of the type of plan (upgrade or downgrade) will take effect at the end of the current subscription period.
Financial conditions - Paiment and invoicing terms
1. General rules and price information
Upon subscribing to the paid subscription, the Licensee automatically gains access to the Services under the subscribed Subscription.
The online order form specifies the License version, payment method, subscription period (12 months), and a summary of the gross and net prices to be paid, including the applicable VAT.
During the initial subscription, the Licensee can modify their billing information (address) in the online order form. Once the order is validated, they will proceed to the secure online payment form, which is done through credit card.
The prices for each License version are indicated on the Website at the following address: https://bleu-reflet.com
The company reserves the right to modify the Subscription fees without prior notice or notification.
Licensees who have subscribed to an offer prior to a fee modification will only be subject to the new fee upon a new subscription, renewal, or modification of their existing offer.
If the Licensee does not wish to subscribe to the new fees, they may choose not to renew their subscription and terminate it upon the expiration of the current period in accordance with the provisions of the "DURATION AND CONDITIONS OF SUBSCRIPTION CANCELLATION" article mentioned above.
The first delivery of services and the conclusion of this contract for its paid version (paid licenses) will be effective only if these Terms and Conditions are accepted, the online order form is validated, and payment is made.
2. Payment terms
Payment of the subscription price can be made in two ways:
Online, by national or international credit card, via a secure SSL (Secure Socket Layer) transaction through the "Paypal" website. Credit card numbers and other identifying data are encrypted and are never communicated to HAYSOO. They are considered as personal data and are subject to the article "PERSONAL DATA" below.
By interbank transfer in Euros addressed to HAYSOO FR76 1627 5000 1108 0007 3975 125, upon receipt of invoice. For this payment, please contact our sales department:
Terms and conditions of use
The User agrees to use the Services exclusively for professional purposes and needs. They are prohibited from selling, renting, subleasing, disposing of, or making the Services or software available to any third party in any form.
Subscriptions are personal, and therefore, only the subscriber is responsible for paying the subscription price and ensuring the use of the Software and compliance with these Terms and Conditions on behalf of any additional users they add. Failure to comply may result in personal liability and potential suspension or closure of their Account for non-compliance with the Terms and Conditions or violation of the Software's terms of use.
Except when adding users as described in these Terms and Conditions, any use of a Subscription by a third party may result in immediate termination of the Subscription.
The Company specifies that the Services are not optimized for the following browsers:
- Microsoft Internet Explorer versions prior to 11
- Firefox versions prior to 33
- Chrome versions prior to 39
- Safari versions prior to 8
- Other browsers
The Company cannot guarantee the proper functioning of the Services on:
- Microsoft Internet Explorer versions prior to 11
- Firefox versions prior to 33
- Chrome versions prior to 39
- Safari versions prior to 8
- Other browsers
No claims, legal actions, or refund requests can be considered if the Licensee uses the Services on unsupported browsers and/or browser versions.
The recommended minimum screen resolution for using the Services is 1280 x 768 pixels.
An internet connection is required to access the Services. The Licensee acknowledges that they have an internet connection to use the Services under optimal conditions.
The Company disclaims any liability in the event of interruption or malfunction of the Services partially or entirely caused by a defective or inadequate internet connection on the part of the Licensee.
The Licensee acknowledges that the use of the Services requires a semi-automatic integration of the software on the website. The software(s) allow(s) the recording of information related to the use of the Services, without installing cookies.
The Licensee agrees not to access any data through any means other than their personal interface, unless expressly authorized by the Company under a separate written agreement.
The Licensee must not use any technology to excessively query the Services in order to automatically gather data and information from the Services. In general, the Company prohibits any attempts or actions that can be considered data scraping. In the event of such actions, the Company will terminate the Licensee's Account without prior notice.
By accepting the Terms and Conditions, the Company grants the User a simple non-exclusive right to use the Software, the Services, and all the content therein, under the conditions specified in these Terms and Conditions. The User must not modify, alter, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, broadcast, or transfer all or part of the Software, its content, or the Services.
The User agrees to comply at all times, during the use of the Site and the Services, with (i) applicable national and international laws and regulations, and (ii) these Terms and Conditions.
THE USER WARRANTS THAT THEY WILL NOT USE THE SITE/Software AND ITS CONTENT, AS WELL AS THE SERVICES, FOR ILLEGAL OR IMMORAL PURPOSES OR CONTRARY TO THE PURPOSES SPECIFIED HEREIN.
Furthermore, the User agrees not to:
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Use the Services and any resulting elements in a way that infringes upon the intellectual and industrial property rights of third parties, the right to privacy, and/or the right to the image of third parties. This includes creating, using, sharing, and/or publishing, through any means (forum, public profile, or otherwise) within the Services, any material (text, statements, images, sounds, videos, etc.) or content that, at the discretion of the Company, isaggressive, threatening, malicious, defamatory, false, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, incites hatred, sexually explicit, violent, contrary to public morals, or in any other way objectionable;
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Create, use, share, and/or publish, through any means (forum, public profile, or otherwise) within the Services, any material (text, statements, images, sounds, videos, etc.) that would violate a confidentiality obligation or incite illegal activities (including hacking, cracking, or distribution of counterfeit software);
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Engage in activities aimed at accessing elements or functionalities of the Services that have not been authorized by the Company;
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Modify, falsify, block, overload abnormally, disrupt, slow down, and/or hinder the normal functioning of all or part of the Services, the Site, the Software, or their accessibility, or attempt any of the above;
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Transmit or propagate any viruses, trojans, worms, bombs, altered files, and/or similar destructive devices or corrupted data through the Services, and/or organize, participate in, or be involved in any way in an attack against the servers of the Company and/or the Site and/or the servers and/or services of its providers and partners;
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Harass other users of the Site, send them unsolicited messages for commercial prospecting purposes, use the Services for surveys, contests, pyramid schemes, or similar operations, or send unsolicited emails, spam, or any unauthorized advertising or promotional material, whether for commercial purposes or not;
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Use another user's Account on the Site, impersonate another person, or assume a false identity in relations with any individual or legal entity within the scope of the Services or by using the Services;
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Collect or intercept, by any means not expressly permitted by the Company, data exchanged by other users within the Services or the usernames/pseudonyms and/or passwords of any other user;
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Attempt to obtain a password, account information, or other private information from any other user of the Site/Software, and/or sell, rent, share, lend, or otherwise transfer to any third party the Account of a user and/or the means to access it and/or in any other way provide any third party with access to the User's Account;
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Use the Software and services in a manner inconsistent with these Terms and Conditions;
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Access, use, download from the Services or otherwise reproduce or provide to anyone (free of charge or for a fee) any directory of Site users or any other information related to users or the use of the services.
In the event of blatant abuse by the User in relation to the Services, the Company reserves the right to terminate the subscription of the violating User without prior notice.
The User also attests that all the information they provide to the Company is accurate and complete. They agree to update their personal information.
The User will be fully responsible for their use of the Software, associated services, and all the information provided. They undertake to use the Services in good faith, in compliance with these General Terms and Conditions of Use, and applicable laws and regulations.
Modifications to the General Terms and Conditions of Use and Sale
HAYSOO may modify and improve its Services and may add or remove features, suspend or discontinue a service.
The Company also reserves the right to modify these Terms and Conditions at its discretion. The Company will inform the User by e-mail to the address given on the User's account of any changes to these General Terms of Use at least fifteen (15) days before they take effect.
In the event that the User does not accept these modifications, he/she is free to terminate his/her Subscription from his/her Account on the Site as indicated in the article "DURATION AND TERMS OF TERMINATION OF SUBSCRIPTIONS" above, with such termination taking effect on the next subscription due date. Failing termination, the new terms and conditions will apply from the next subscription expiry date following the date on which the new terms and conditions take effect.
Intellectual and industrial property
1. Site ownership
All intellectual property rights to the Site, its functionalities, its content, etc. belong exclusively to the Company, which holds all related copyrights. Any unauthorized use or reproduction, even partial, of the Site, its functionalities, its content... is strictly forbidden. Any offender will be prosecuted before the competent courts.
2. Brand, logo and graphic guidelines
All intellectual property rights, in particular trademark rights and copyrights, on the name
"HAYSOO", the logo "Bleu Reflet", "Reflet 360" and/or "Reflet Model", the logos of its products and the graphic charter of the Site, belong exclusively to HAYSOO. Any unauthorized use or reproduction, even partial, is strictly prohibited. Any offender will be prosecuted before the competent courts.
3. Software protection
The Services contain elements protected by copyright, trade secrets, and proprietary information owned or licensed by HAYSOO.
HAYSOO or its licensors hold the proprietary rights to the Software, Services, accompanying documentation, and all intellectual property rights related to the Software and Services.
The Licensee is prohibited from:
- Electronically transmitting any logins and passwords over a network, telephone circuit, or the internet.
- Creating any derivative service from the trade secrets and proprietary information of HAYSOO or its licensors.
- Sub-licensing or assigning the License.
- Using or adapting any trademark or trade name that is similar to HAYSOO or any of its licensors, or that may cause confusion, or taking any other action that could infringe upon or diminish the intellectual property rights of HAYSOO or its licensors.
The Licensee acknowledges that the granting of this License does not constitute a transfer of the intellectual property rights of HAYSOO or its licensors relating to the Services and accompanying documentation. HAYSOO and its licensors remain the owners of the Services and the copyright protecting the information contained therein.
Furthermore, all elements constituting the services, including trademarks, texts, codes, logos, graphics, images, names, and the names of the services themselves, are protected and exclusively owned by HAYSOO.
Any unauthorized use, extraction, representation, or reproduction of these elements without the express prior authorization of HAYSOO constitutes infringement and is subject to legal sanctions.
General commitments of the User
The User is prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting, and/or distributing the Services, the pages of the Site, or the computer codes of the elements composing the Site in any way.
Any reproduction and/or representation, in whole or in part, of any of these rights without the express permission of HAYSOO is prohibited and would constitute infringement, which may incur civil and criminal liability for the infringer.
Consequently, the User shall refrain from any action or act that could directly or indirectly infringe upon the aforementioned intellectual property rights.
The same applies to any databases that may be present on the Site, which are protected by the provisions of the Intellectual Property Code.
Any total or partial reproduction of the distinctive elements described above (logo, trademark, graphic design, etc.) based on the elements of the Site or the associated Services without the express authorization of HAYSOO is prohibited, in accordance with the provisions of the Intellectual Property Code.
Only use in accordance with the purpose of the Site, Software, and associated Services is permitted.
Any other uses, not expressly authorized in writing by HAYSOO, are prohibited and constitute infringement.
Finally, the User agrees, as far as possible, to inform HAYSOO of any infringement of one or more intellectual property rights owned by HAYSOO that comes to their knowledge, so that HAYSOO can take the necessary steps to cease the behavior and/or take appropriate measures.
Personal data
1. Processing of personal data
The use of the Site, Software, and associated Services involves the collection and processing of users' personal data.
Indeed, HAYSOO informs the User that their personal data (including names, addresses, email, phone numbers, etc.) will be stored by the companies Airtable, Sendinblue, Zephyr, and by HAYSOO.
Based on applicable regulations, the Company hereby informs the User that their data will be recorded, and HAYSOO will carry out the necessary steps regarding the processing of this data in accordance with the provisions of the Data Protection Law No. 78-17 of January 6, 1978.
The User is informed that their data will be processed to provide the Services offered by HAYSOO in general.
With that being said, the processing of the User's personal data by HAYSOO (collection, storage, archiving, mailing, commercial correspondence, etc.) must comply with the provisions of Regulation (EU)
To this end, HAYSOO undertakes to:
- Collect and process personal data with the prior authorization of the User and potential prospects, and inform them in advance of the use of their data.
- Collect and process personal data solely for the purposes of storage, archiving, mailing, and commercial correspondence addressed to customers as part of the services provided by HAYSOO.
- Implement all technical and organizational measures, including measures adapted to the nature of the personal data collected and processed and the risks presented by the processing. This will include, to the extent possible:
- Data encryption and pseudonymization,
- Data confidentiality,
- Continuous availability and integrity of data processing systems,
- Restoration of data availability and access within appropriate timeframes in the event of physical or technical incidents, to the extent that it is materially and legally possible,
- Regular testing and analysis of technical and organizational measures to ensure the security of data processing,
- Protection of data against accidental or unlawful destruction, accidental loss, alteration, disclosure, or unauthorized access, especially when data processing involves transmission over a network, as well as protection against any form of unlawful processing or communication to unauthorized persons.
- Subcontract some or all of the personal data to reliable service providers.
- Process personal data within the European Union to the extent possible.
- Ensure that their employees, agents, authorized subcontractors, or anyone acting on their behalf, who has access to personal data, comply with the obligations set forth herein.
- Promptly comply with any request from the User regarding their personal data (e.g., right to modify, correct, or delete, right to object, etc.).
- Retain personal data after the end of the Contract/Subscription/Service provision only for a legitimate period and/or as prescribed by regulations.
The personal data collected by HAYSOO cannot be used for any purpose other than those described above. They cannot be disclosed, transferred, rented, or otherwise assigned. In the event of changes in applicable regulations, HAYSOO undertakes to make the necessary adaptations to comply with the new provisions.
In the event of an actual or suspected personal data breach, HAYSOO undertakes to promptly inform the User following the discovery of such a breach.
HAYSOO may be required to disclose personal data at the request of a court, administrative agency, government authority, or pursuant to a law, regulation, subpoena, request, or any other applicable administrative or legal process, including any formal or informal investigation by a government agency or authority. In such cases, HAYSOO undertakes to inform the User promptly. Unauthorized processing, use, or disclosure of personal data is strictly prohibited,By agreeing to these terms, the User acknowledges having read HAYSOO's privacy policy and consents to the collection and use of their data.
Exercising your personal data rights
The User has the right to access, oppose and rectify data concerning him/her, in accordance with articles 32 and following of law n°78-17 of January 6, 1978 known as "Informatique et Libertés".
These rights may be exercised by the User: either directly online from his account, or by sending a request either by post to HAYSOO's head office address at 5 avenue du Général de Gaulle - 94160 SAINT MANDE; or by e-mail to:
This request must be accompanied by a copy of an identity document bearing the applicant's signature and must specify the address to which a reply may be sent to the User.
Cookies
HAYSOO may use cookies in order to facilitate a User's browsing of its Site and to provide personalized offers. These cookies can be deleted by the User within the parameters of his/her browser.
However, over-deleting cookies may disrupt browsing on the Site, or even prevent the use of certain Site functions.
Communication
With the exception of the Customer's Confidential Information, HAYSOO is authorized to use the Customer's name and distinctive signs, as well as the services provided under the Subscription, for the purposes of its communication and the marketing of Bleu Reflet Solutions. The Customer expressly authorizes HAYSOO to reproduce the Customer's name, distinctive signs and/or visuals (images, films, etc.) on its website, newsletter, blogs and/or social network accounts, sales brochures, as well as at public or private trade shows/meetings.
Security
HAYSOO informs the User that it will make its best efforts, in accordance with the rules of the art, to secure the Site, the Software and access to the Services in particular with the constraints related to the complexity of the Internet, HAYSOO assuming no obligation of result in this matter.
The User of the Site, Software and associated Services declares that he/she accepts the characteristics and limits of the Internet.
The User acknowledges that he/she is aware of the nature of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring information data.
The User must inform HAYSOO of any failure of the Service, so that HAYSOO can deal with the problem as quickly as possible.
The User agrees to take all appropriate measures to protect its own content, data and/or software from contamination by viruses/malware...
Insurance
In order to cover all the goods entrusted to us and the facilities required for Digitization, we have taken out a Multirisque professionnel policy with Allianz.
Warranties - Liability
HAYSOO does not guarantee or claim that the functions of the Services will meet the User's requirements or that the operation of the Services will be uninterrupted or error-free. Any other software, service, or hardware provided with the Services or accompanying it is not guaranteed by HAYSOO.
THE SERVICES ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NO CLAIM SHALL BE MADE AGAINST HAYSOO OR ITS LICENSORS, IF ANY, ON ANY BASIS, INCLUDING CONTRACT, TORT, OR NEGLIGENCE. SOME LEGISLATIVE AUTHORITIES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAYSOO OR ITS LICENSORS, IF ANY, SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS) ARISING OUT OF THE USE, BY THE LICENSEE, OF THE SOFTWARE OR ACCOMPANYING INFORMATION, OR THE INABILITY TO USE THEM, EVEN IF HAYSOO OR ITS LICENSORS, IF ANY, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, REGARDLESS OF THE CAUSE OF THE LOSS OR THE THEORETICAL BASIS OF LIABILITY. ANY LIABILITY ARISING FROM A CLAIM MADE BY A THIRD PARTY AGAINST THE LICENSEE IS ALSO EXCLUDED.
THE LICENSEE SHALL INDEMNIFY HAYSOO AGAINST ANY CONVICTION OR THIRD-PARTY ACTION ARISING FROM THE USE OF THE SERVICES BY THE LICENSEE.
OTHERWISE, THE LICENSEE SHALL REIMBURSE HAYSOO FOR ANY EXPENSES IT HAS INCURRED FOR ITS DEFENSE, AS WELL AS ANY DAMAGES OR SETTLEMENTS TO WHICH IT IS CONDEMNED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAYSOO OR ITS LICENSORS, IF ANY, SHALL NOT BE LIABLE FOR ACCESS TO SEARCH ENGINES OR SEARCH DOMAINS INCLUDED IN THE SERVICES OR USED BY THEM. HAYSOO OR ITS LICENSORS MAKE NO WARRANTY REGARDING THE ACCURACY, UP-TO-DATENESS, OR SUITABILITY OF THE CONTENT OF ANY SERVICE OR INFORMATION FROM A SEARCH ENGINE USED BY THE USER, AND, CONSEQUENTLY, THEY ASSUME NO LIABILITY IN THIS REGARD.
IN THE EVENT THAT HAYSOO'S LIABILITY IS ENGAGED, THE LICENSEE MAY NOT CLAIM DAMAGES EXCEEDING THE SUBSCRIPTION PRICE/THE AMOUNT OF LICENSE FEES ACTUALLY PAID BY THE LICENSEE TO HAYSOO.
Assistance
Société HAYSOO provides the User with a customer support service which consists of providing advice on any request or technical problem relating to the use of the Services. In this respect, the User may send an e-mail to the following address:
General stipulations
1. Primacy of these General Terms and Conditions of Use and Sale
By express agreement between the Parties, the present Terms of Use shall prevail over any contractual document.
2. Partial nullity
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of the law or regulations or following a final decision, the other stipulations of these General Terms and Conditions shall remain in force.
3. Languages
These General Terms and Conditions are drawn up in French, which is the only applicable and authentic language.
Should the present Terms and Conditions be translated into any foreign language whatsoever, the French language shall prevail over any other translation, in particular in the event of any dispute, litigation, difficulty of interpretation or execution of the present Terms and Conditions and in general concerning existing relations between HAYSOO and the User.
4. Applicable law
These General Terms and Conditions are governed by French law. This applies to both substantive and formal rules, notwithstanding the place of performance of obligations on either side.
5. Attribution of jurisdiction
In the event of any dispute arising between the Parties, in particular concerning the conclusion, interpretation, performance and termination of the present contract, the Parties will endeavor to settle their dispute amicably, in particular by mediation.
Failing amicable settlement, the competent court will be determined in accordance with the rules of common law, unless the User (Customer) is a merchant.
For merchants, any dispute relating to their commercial relations and in particular to the conclusion, interpretation, performance and termination of the present contract will be subject to the exclusive jurisdiction of the courts of the place where HAYSOO's registered office is located, even in the event of a warranty claim or multiple defendants.
Copyright HAYSOO – June 2023