General Terms of Use

1. Purpose

The company cobl (“cobl”) publishes and operates a platform accessible from the website https://app.thinkeo.io (the “Platform”) through which it offers Clients (“Clients”) and their personnel (the “Users”) a solution enabling the creation of customized documents, in particular to respond to tenders.

The functional and technical characteristics of the Platform are described on it.

These general terms and conditions (the “Terms and Conditions”) aim to define the terms and conditions of use of the services offered on the Platform (the “Services”) as well as to define the rights and obligations of the parties in this context.

2. Platform and Services Operator, Contact

The Platform and the Services are operated by cobl, a simplified joint-stock company (SAS) registered with the Bordeaux Trade and Companies Register under number 883 208 142, whose registered office is located at 34 bis rue Vignon 75009 Paris.

cobl can be contacted at the following address:
34 bis rue Vignon 75009 Paris
Telephone: 06 52 15 58 08
Email address: contact@cobl.ai

3. Access to the Platform and Services

3.1. Legal capacity

The Platform and the Services are accessible:

To any natural person with full legal capacity to commit under these Terms and Conditions. Any natural person who does not have full legal capacity may only access the Platform and the Services with the agreement of their legal representative.

To any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.

3.2. Platform and Services intended for professionals

The Platform and the Services are intended exclusively for professionals, understood as any natural or legal person carrying out a remunerated activity on a non-occasional basis in all sectors of industry and commerce.

4. Acceptance of the Terms and Conditions

A quote (the “Quote”) is established according to the Client’s needs. The Client accepts the Quote in writing (including by email) within a period of two months from its issuance. The signing of this Quote constitutes acceptance by the Client of the Terms and Conditions in their version in force on the date of the Quote.

However, the Quote may be followed by the issuance of purchase order(s) (the “Purchase Orders”) which must be validated by cobl. In this case, any Purchase Order (i) issued by the Client within a period of two months on the basis of the Quote and (ii) validated by cobl within the aforementioned period constitutes acceptance of the Terms and Conditions in their version in force on the date of issuance of the Purchase Order.

In the event of contradiction, the Quote prevails over the Terms and Conditions and the Purchase Order(s). The most recent Quote prevails over older ones.

The Terms and Conditions may be supplemented, where applicable, by specific terms of use for certain Services, in particular through the Quote, which supplement these Terms and Conditions and, in the event of contradiction, prevail over them.

5. Registration on the Platform

To subscribe to the Platform and the Services, the Client must provide cobl with all information marked as mandatory.

cobl will create an account in the name of the Client (the “Client Account”) allowing them to manage their use of the Services in a form and according to technical means that cobl deems most appropriate to provide said Services.

Once the Client Account is created, the Client may request cobl to create accounts (the “User Accounts”) for its Users.

The person registered by cobl as administrator or any member subsequently designated as such (the “Administrator”) may administer the Platform and User access, decide on parameters, rules and roles of each on cobl.

The Client Account and the User Accounts are collectively referred to as the Accounts.

The Client acknowledges and accepts that the email address provided in the registration form constitutes their login identifier.

The Client guarantees that all information provided in the registration form is accurate, up to date and truthful and is not misleading.

The Client undertakes to update this information in their Client Account in the event of changes so that it always meets the above criteria.

The Client may access their Client Account at any time after identifying themselves using their login identifier, password and, where applicable, any means that cobl deems appropriate — notably via Google Authenticator and/or QR code scanning.

The Client undertakes not to allow any unauthorized third party to use the Platform on their behalf or for their account, unless they assume full responsibility.

The Client is likewise responsible for maintaining the confidentiality and security of Accounts, identifiers and passwords, any access to the Platform using these being deemed to have been made by the Client.

The Client must immediately contact cobl using the contact details mentioned in the section “Platform and Services Operator, Contact” if they notice that an Account has been used without their knowledge. They acknowledge cobl’s right to take all appropriate measures in such cases.

6. Description of the Services

The Client has access to the Services described on the Platform and, where applicable, in the Quote, in a form and according to functionalities and technical means that cobl deems most appropriate.

If the Client wishes to obtain a new feature, they may inform cobl, which may offer an additional Quote. In all cases, the Client is prohibited from carrying out any development on the Platform themselves.

6.1. Maintenance

The Client benefits, for the duration of the Services, from maintenance which may consist of:

• Corrective maintenance, cobl making its best efforts to provide corrective maintenance to fix any malfunction or bug identified on the Platform,
• Evolutive maintenance, which cobl may perform automatically and without prior notice. Evolutive maintenance includes improvements to the Platform’s functionalities and/or technical installations used as part of the Platform (aimed at introducing minor or major extensions),
• Planned maintenance, which may include corrective and evolutive maintenance.

As part of this maintenance, access to the Platform may be limited or suspended.

6.2. Hosting of the Platform

cobl undertakes, under an obligation of means, to host the Accounts and all content published by the Client and Users on the Accounts in accordance with industry standards and best practices, on its own servers or through a professional hosting provider, also operating in accordance with industry standards and best practices.

In this context, cobl undertakes to provide the Client with sufficient storage and processing capacity within the framework of the Services.

cobl undertakes to implement all technical means, in accordance with the state of the art, necessary to ensure the security and access to the Platform, including the protection and monitoring of infrastructures, control of physical and/or digital access to said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect servers from malicious acts.

cobl also undertakes to take all useful precautions, with regard to the nature of the data and the risks presented by automated data processing implemented for the purposes of the Services, to preserve data security, and in particular to prevent them from being altered, damaged or accessed by unauthorized third parties.

6.3. Technical support

cobl provides the Client with technical support accessible by email at the following address: contact@cobl.ai, allowing them to report any difficulty encountered when using the Platform.

6.4. Other Services

cobl reserves the right to offer any other Service it deems useful, in a form and according to functionalities and technical means it considers most appropriate to provide said Services.

7. Service level guarantee

cobl undertakes to ensure the permanence, continuity and quality of access to the Platform.

As such, cobl will use its best efforts to maintain access to the Platform 24 hours a day, 7 days a week and guarantees Service availability at 99.5% except in cases of force majeure.

Furthermore, given the complexity of the internet, the unequal capacities of different sub-networks, traffic peaks at certain times, and various bottlenecks over which cobl has no control, cobl’s liability will be limited to the operation of its servers, whose external limits are constituted by the connection points.

cobl shall not be held responsible for (i) access speeds to its servers, (ii) slowdowns external to its servers, (iii) poor transmissions due to failure or malfunction of these networks and (iv) poor internet connection.

The Client acknowledges and accepts that this service level guarantee does not cover any failure or interruption of the Services resulting from telecom operators or internet or mobile web access providers or poor internet coverage or saturation of internet access related to the location of an event.

8. Financial conditions

8.1. Price

Access to the Platform and Services is subject to payment.

The price of the Services is communicated to the Client by any useful means and in particular through the Quote. Unless otherwise stated, it is expressed in euros and all taxes included (hereinafter the “Price”).

8.2. Payment terms and invoicing

Unless otherwise specified in the Quote, cobl will issue monthly invoices to the Client which are payable within 30 days following their issuance.

The Client shall pay the Price by any means deemed appropriate by cobl, in particular by bank transfer to the bank details provided by cobl, notably on each invoice.

The Client guarantees cobl that they have the necessary authorizations to proceed with payment of the Price.

8.3. Late payment and defaults

The Client is informed and expressly accepts that any delay in payment of all or part of an amount due to cobl on its due date will automatically result, from the day following the payment date indicated on the invoice:

• The acceleration of all sums due by the Client and their immediate payment, regardless of the payment terms initially provided;
• The immediate suspension of the Services and access to the Platform until full payment of all sums due;
• The invoicing for the benefit of cobl of late payment interest, due solely due to the expiry of the contractual term, at a rate equal to 3 (three) times the legal interest rate, calculated on the amount of the unpaid debt, as well as a fixed compensation of 40 (forty) euros for recovery costs, without prejudice to additional compensation if the actual recovery costs exceed this amount.

9. Right of withdrawal

If the Client meets the conditions set out in Article L221-3 of the French Consumer Code and the subscription to the Services by the Client meets the criteria of an off-premises contract within the meaning of Article L221-1 of the French Consumer Code, the Client has a right of withdrawal for a period of 14 (fourteen) days from acceptance of the Terms and Conditions.

The Client may exercise this right by sending cobl, using the contact details mentioned in the section “Platform and Services Operator, Contact”, before the expiry of the aforementioned period, the form appearing in Appendix 1, duly completed, or any other unambiguous statement expressing their wish to withdraw.

The Client is informed and expressly accepts that they will have access to the Platform and Services before the expiry of the withdrawal period. They will therefore be liable to cobl for the Price calculated pro rata for the period elapsed until communication of their decision to withdraw.

10. Duration of Services and termination

The Services are subscribed to in the form of a subscription (the “Subscription”).

The Subscription begins on the date of subscription for a duration specified in the Quote.

At the end of the Subscription, its possible renewal may be agreed between the Parties by any written means.

11. Proof agreement

The Client expressly acknowledges and accepts that the data collected on the Platform and cobl’s IT equipment constitute proof of the reality of operations carried out under these Terms and Conditions. The Client may access this data in their Client Account.

12. Obligations, liability and guarantees of the Client

Without prejudice to the other obligations provided for in these Terms and Conditions, the Client undertakes to comply with the following obligations:

12.1

The Client is solely responsible for the use made of the Services and the Platform by the Users.

12.2

The Client undertakes, in its use of the Services and the Platform, to comply with applicable laws and regulations, and not to infringe the rights of third parties or public order.

12.3

The Client acknowledges having taken note on the Platform of the characteristics and constraints, in particular technical, of all the Services. The Client is solely responsible for its use of the Platform and the Services.

12.4

The Client undertakes to provide cobl with all information necessary for the proper performance of the Services. More generally, the Client undertakes to actively cooperate with cobl for the proper performance of the Services.

12.5

The Client is solely responsible for the documents, elements, data, information and any content that it provides to cobl or provided by the Users. The Client guarantees to cobl that it is authorized to provide these elements and that it has all the rights and authorizations necessary for their use within the framework of the Services.

The Client is also solely responsible for their accuracy, truthfulness and completeness, cobl not being in any case responsible for any errors, typos, omissions or indications likely to mislead the relevant bodies resulting from a breach by the Client of this clause.

Under no circumstances may cobl be held liable if the performance of the Services becomes impossible.

12.6

The Client undertakes to make strictly personal use of the Services and the Platform. Consequently, it is prohibited from assigning, granting or transferring all or part of its rights or obligations hereunder to a third party, in any manner whatsoever.

12.7

The Client is solely responsible for content of any kind (editorial, graphic, audio, audiovisual or other) that it publishes on the Platform (hereinafter the “Content”) and for any consequences arising therefrom.

The Client is informed that the Content it uploads to the Platform will not be accessible to other users of the Platform. Any dissemination of Content to one or more third parties must be previously accepted by the Client.

12.8

The Client guarantees to cobl that it has all the rights and authorizations necessary for the dissemination of such Content. The Client undertakes that said Content is lawful, does not infringe public order, good morals or the rights of third parties, does not violate any legislative or regulatory provision and more generally is not likely to engage the civil or criminal liability of cobl.

The Client and the Users are thus prohibited from distributing, in particular and without this list being exhaustive:

• Content that is child pornography, pornographic, defamatory, insulting, racist, obscene, indecent, shocking, violent, xenophobic or revisionist,
• Infringing content,
• Content that infringes the image of a third party,
• Content that is false, misleading or proposing or promoting illegal, fraudulent or deceptive activities,
• And more generally Content likely to infringe the rights of third parties or to be harmful to third parties, in any manner and in any form whatsoever.

12.9

The Client is informed and accepts that the implementation of the Services and access to the Platform require an internet connection and that the quality of the Services depends directly on this connection, for which it is solely responsible.

12.10

The Client acknowledges that the Services provide an additional solution, not an alternative, for managing its tenders, and that this solution cannot replace other means that the Client may have to achieve the same objectives.

12.11

The Client guarantees cobl against all complaints, claims, actions and/or demands that it may suffer as a result of the breach by the Client of any of its obligations or guarantees under these Terms and Conditions.

The Client undertakes to indemnify cobl for any damage it may suffer and to pay all costs, charges and/or penalties that it may have to bear as a result.

12.12

The Client guarantees compliance by the Users with the obligations set out herein and shall be responsible for any damage suffered by cobl resulting from the failure by any of its Users to comply with any of these obligations.

12.13

The Client guarantees cobl against any claim and/or action that may be brought against it as a result of a breach of one of the Client’s obligations. The Client shall indemnify cobl for any damage suffered and reimburse all sums that it may have to bear as a result.

13. Prohibited behaviors

13.1

It is strictly prohibited to use the Platform and the Services for the following purposes:

• carrying out illegal, fraudulent activities or activities that infringe the rights or safety of third parties,
• undermining public order or violating applicable laws and regulations,
• intrusion into a third party’s IT system or any activity likely to harm, control, interfere with, or intercept all or part of a third party’s IT system, or violate its integrity or security,
• manipulations intended to improve the ranking of a third-party website,
• assisting or encouraging, in any form and in any manner whatsoever, one or more of the acts and activities described above,
• and more generally any practice diverting the Services from purposes other than those for which they were designed.

13.2

It is strictly prohibited for the Client and the Users to copy and/or divert for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the Platform and more generally any element belonging to cobl.

13.3

The following are also strictly prohibited:

(i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services,
(ii) any intrusion or attempted intrusion into cobl’s systems,
(iii) any misuse of the Platform’s system resources,
(iv) any actions likely to impose a disproportionate load on the latter’s infrastructures,
(v) any breach of security and authentication measures,
(vi) any acts likely to harm the financial, commercial or moral rights and interests of cobl,
and more generally
(vii) any breach of these Terms and Conditions.

13.4

It is strictly prohibited to commercialize, transfer or provide access in any way whatsoever to the Services, the information hosted on the Platform or any element belonging to cobl.

13.5

It is strictly prohibited to monetize, sell or grant all or part of access to the Services or to the Platform, as well as to the information hosted and/or shared there.

14. Sanctions for breaches

In the event of a breach of any of the provisions of the Terms and Conditions, or more generally, of a violation of laws and regulations by the Client, cobl reserves the right to take any appropriate measure and in particular to:

• suspend, remove or prevent access to the Platform and the Services of the User responsible for the breach or violation, or who participated in it,
• delete any Content related to the breach or violation in question, in whole or in part,
• take all appropriate measures and initiate any legal action,
• notify, where appropriate, the competent authorities, cooperate with them and provide them with all useful information for the investigation and prosecution of illegal or unlawful activities.

The Client is informed and accepts that any breach of its obligations may result, in addition to the consequences provided above, in the immediate closure of the Accounts by cobl, by any written means.

5. Liability and warranty of cobl

15.1

cobl makes its best efforts to provide the Client with quality Services. For this purpose, it regularly carries out checks to verify the proper functioning and accessibility of its Services and may thus perform maintenance under the conditions specified in the “Maintenance” section.

cobl is nevertheless not responsible for temporary difficulties or impossibilities in accessing its Services resulting from:

• circumstances external to its network (and in particular partial or total failure of the Client’s servers),
• failure of equipment, cabling, services or networks not included in its Services or not under its responsibility,
• interruption of Services due to telecom operators or internet access providers,
• intervention by the Client, in particular through incorrect configuration applied to the Services,
• a case of force majeure.

15.2

As the Platform is based on non-deterministic machine learning algorithms, the Client acknowledges and accepts that cobl cannot guarantee that the Platform will be able to meet all of the Client’s needs. cobl’s liability cannot be engaged in this respect.

More specifically, cobl does not guarantee that all document formats can be supported.

15.3

cobl is not a party to the relationships between the Client and its clients and/or suppliers and cannot in any case be held liable for any difficulties related to these relationships, nor be a party to any disputes whatsoever, in particular concerning tender procedures carried out on the Platform, warranties, declarations and other obligations to which the Client may be subject.

Except in the case of proven failure by cobl to fulfill its obligations, the Client undertakes to hold cobl harmless in all disputes or litigation with such parties and to handle their resolution personally.

15.4

cobl cannot be held liable for decisions taken by the Client or by any third party designated by it. Likewise, cobl cannot in any case be held responsible for Content published by the Client and/or the User on the Platform, over which it exercises no control, verification or moderation of any kind.

cobl is not responsible for the outcome of the tender to which the Client wishes to respond. cobl does not in any way guarantee that documents produced via the Platform will enable the Client to obtain a positive response to the tender.

15.5

The Services are provided by cobl “as is” and without warranty of any kind, express or implied. In particular, cobl does not guarantee to the Client that:

(i) the Services, subject to constant research to improve performance and progress, will be completely free from errors, defects or faults,
(ii) the Services, being standard and not specifically designed for a given Client according to its own personal constraints, will specifically meet its needs and expectations.

15.6

cobl cannot be held responsible for errors, typos, omissions in the Client’s data processed, including the consequences of such errors on the Services provided.

More generally, the Platform automatically generates documents based on the Content. Consequently, cobl cannot be held responsible for the content of the documents generated.

15.7

cobl undertakes to use the information, documents, data and more generally all elements transmitted to it within the framework of the use of the Platform and the Services solely for the purposes of performing these Terms and not to disclose or share them with any third party, except upon request or express agreement of the Client.

cobl expressly acknowledges and accepts that such documents, elements, data and information constitute confidential information.

This confidentiality obligation does not apply to documents and information:

(i) that cobl already knew,
(ii) already public at the time of their communication or which would become public without breach of these Terms and Conditions,
(iii) received lawfully from a third party,
(iv) whose disclosure is required by judicial authorities, in application of laws and regulations or for the purpose of establishing cobl’s rights under these Terms and Conditions.

15.8

cobl undertakes to use its best efforts to ensure the security of the Platform.

However, cobl cannot be held liable in the event of malicious intrusion into the Accounts unless it is demonstrated that the security measures it implemented were seriously deficient.

Furthermore, cobl cannot be held responsible for any lack of vigilance on the part of the Client and/or Users in maintaining the confidentiality of their login credentials and passwords.

In any event, the liability that may be incurred by cobl under these Terms is expressly limited to direct damages actually suffered by the Client and is expressly limited to the total amount of the price received by cobl under these Terms during the 12 months preceding the event giving rise to liability.

16. Intellectual property

16.1 Intellectual property rights on the Platform

The systems, software, structures, infrastructures, databases, codes and content of any kind (texts, images, visuals, logos, trademarks, databases, etc.) used by cobl on the Platform, excluding Content whose ownership belongs to the Client, are protected by all applicable intellectual property rights or database producer rights.

Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally any acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of cobl are strictly prohibited and may be subject to legal proceedings.

16.2 Ownership of the Client

Under these Terms, cobl assigns to the Client the economic copyright rights that it may hold on the documents created for the Client within the framework of the Services (the “Deliverables”).

However, this assignment does not cover the tools and methods that it has developed and used, or more broadly any element that contributed to the performance of the Services, as well as the logos and trademarks affixed to the Deliverables.

This assignment will be carried out automatically, progressively as the Deliverables are delivered.

This assignment is granted to the Client without restriction or reservation, in full ownership, on an exclusive and definitive basis, cobl thus undertaking not to exploit the Deliverables itself or grant any rights over them to a third party.

It is granted for the entire legal duration of copyright protection, worldwide and for all forms of use known or unknown to date, foreseeable or unforeseeable.

The rights thus assigned include:

a) the right to reproduce and fix the Deliverables, in whole or in part, in any format, on any medium, in particular paper or digital, and by any material or immaterial process, whether such media or processes are existing or future, foreseeable or unforeseeable;

b) the right to manufacture, use or publish the Deliverables, in whole or in part;

c) the right to adapt, translate, modify, arrange, transform and correct the Deliverables, in particular, without this list being exhaustive, through retouching, change of format or colors of the Deliverables, subject to compliance with the moral rights of the author, where applicable.

It is recalled that these Terms do not impose any obligation on the Client to exploit the Deliverables, the Client remaining entirely free to exploit them or not.

17. Personal data

General provisions

The purpose of this clause is to define the conditions under which cobl undertakes, on behalf of the Client, the processing of personal data described below.

cobl and the Client undertake, each with regard to what concerns them, to comply with the regulations applicable to personal data and in particular with the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016) and the French Data Protection Act of January 6, 1978 in its latest applicable version (hereinafter collectively referred to as the “Applicable Regulation”).

Description of the processing carried out as a processor

Within the framework of the Services, cobl processes personal data on behalf of and for the account of the Client as a processor, while the Client acts as the data controller within the meaning of the Applicable Regulation.

The characteristics of the processing are described in Appendix 2 of these Terms and Conditions.

Obligations of cobl vis-à-vis the Client

• Processing of data: cobl undertakes to process personal data only for the purposes listed in Appendix 2 and in accordance with the documented instructions of the Client, including with regard to transfers of data outside the European Union. cobl undertakes to inform the Client if, in its opinion, an instruction constitutes a violation of the Applicable Regulation. Furthermore, if cobl is required to transfer data to a third country or an international organization under the law applicable to these Terms and Conditions, it must inform the Client of this legal obligation prior to processing, unless the law concerned prohibits such information for important reasons of public interest.
• Security and confidentiality of data: cobl undertakes to implement appropriate technical and organizational measures to ensure the security and integrity of personal data, their backup as well as the restoration of their availability in the event of a physical or technical incident. cobl also ensures that persons authorized to process personal data are subject to an obligation of confidentiality.
• Sub-processors: cobl is authorized to use sub-processors (hereinafter the “Subsequent Processor”) listed in Appendix 2 of the Terms and Conditions to carry out specific processing activities. In the event of a change in the list of authorized Subsequent Processors, cobl will inform the Client in advance and in writing. This information must clearly indicate the processing activities subcontracted, the identity and contact details of the Subsequent Processor. The Client has a period of 15 (fifteen) days from receipt of this information to present legitimate and reasoned objections. In the absence of objection within this period, the Client will be deemed to have accepted the use of the Subsequent Processor.

The Subsequent Processor is required to comply with the obligations of the Terms and Conditions on behalf of and according to the instructions of the Client. It is up to cobl to ensure that the Subsequent Processor provides sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the Applicable Regulation. If the Subsequent Processor fails to fulfill its data protection obligations, cobl remains fully liable to the Client for the performance by the Subsequent Processor of its obligations.

• Transfer of personal data outside the European Union: cobl is authorized to transfer personal data processed under the Terms and Conditions to countries located outside the European Union, subject to the implementation of appropriate safeguards as defined in Chapter V of the aforementioned regulation.
• Assistance and provision of information: cobl undertakes to assist the Client and respond as soon as possible to any request for information addressed to it by the Client, whether in the context of a request to exercise rights by data subjects, a data protection impact assessment, or a request from data protection authorities or the Client’s data protection officer.
• Notification of personal data breaches: cobl undertakes to notify the Client as soon as possible after becoming aware of any personal data breach and to provide all useful information and documentation relating to such breach.
• Fate of data: cobl undertakes, at its choice, to delete personal data at the end of this contract or to return them to the Client and not to keep any copy, unless required by the Applicable Regulation.
• Documentation: cobl makes available to the Client, upon request, all information and documents necessary to demonstrate compliance with its obligations and to allow audits to be carried out. The Client may thus carry out audits once a year and at its own expense in order to verify cobl’s compliance with the obligations provided for in this article. The Client shall inform cobl of the audit with at least two (2) weeks’ notice. cobl reserves the right to refuse the identity of the auditor if it belongs to a competing company. The audit must be carried out during cobl’s business hours and in a manner that disrupts its activity as little as possible. The audit must not in any way affect (i) the technical and organizational security measures implemented by cobl, (ii) the security and confidentiality of other clients’ data, (iii) or the proper functioning and organization of cobl’s production. Where possible, the Parties will agree in advance on the scope of the audit. The audit report will be sent to cobl so that it may provide written observations or comments, which will be appended to the final version of the report. Each audit report shall be considered confidential information.

Obligations of the Client vis-à-vis cobl

The Client undertakes to:

(a) provide cobl with the personal data referred to in Appendix 2, excluding any irrelevant, disproportionate or unnecessary personal data, and excluding any “special” data within the meaning of the Applicable Regulation, unless the processing justifies it, it being the responsibility of the Client to establish such justification and to take all appropriate measures, in particular prior information, consent collection and security, for such special data;

(b) collect, under its responsibility, in a lawful, fair and transparent manner, the personal data provided to cobl for the performance of its services, and in particular ensure the legal basis of such collection and the information provided to the data subjects;

(c) maintain a record of processing activities and more generally comply with the principles arising from the Applicable Regulation;

(d) ensure, prior to and throughout the processing, compliance with the obligations provided for by the Applicable Regulation.

18. Authorization to distribute User testimonials

During the duration of their use of the Services and the Platform, and subject to obtaining their prior consent, cobl may use the testimonials of the Client and the Users that they publish on the site, the Platform and/or social networks (hereinafter the “Testimonials”) for the promotion of the Platform and the Services, according to the following terms:

• They consent to their Testimonials being distributed free of charge by cobl on the site, the Platform, and on all other French or foreign websites, published by all companies with which cobl has agreements,
• They consent to their Testimonials being distributed by cobl by any means and on any medium for the purposes of promoting the site and/or the Platform and/or the Services,
• They accept that their Testimonials may be translated into all languages,
• They acknowledge and accept that the Testimonials may be subject to modifications, in particular with regard to their framing, their format and their colors, as well as alterations or degradations in their quality, depending on the technical constraints of the site and/or the Platform,
• They waive the right to request from cobl any remuneration, royalty, indemnity or financial compensation in this respect.

19. Commercial references

The Client expressly authorizes cobl to cite it and to use, where applicable, the reproduction of its trademark or logo as commercial references, in particular during exhibitions or events, in its commercial documents, on its Platform and on its site, in any form whatsoever, during the duration of its registration and for 5 (five) years after its end.

20. Advertising and third-party sites

cobl may publish and/or send the Client any advertising or promotional messages, in particular redirecting it to third-party platforms.

cobl is nevertheless not responsible for:

• the technical availability and the content, products and/or services of these platforms,
• the relationships of the Client formed through these platforms.

21. Force majeure

cobl shall not be held liable for failure to perform its contractual obligations if such failure is due to an event beyond its control and constituting force majeure, as defined in Article 1218 of the French Civil Code.

cobl must inform the Client as soon as possible by indicating the nature of the force majeure event. The parties shall come together in order to determine jointly the most appropriate means to remedy, if possible, the consequences of the event(s) constituting force majeure.

If the force majeure event lasts more than 3 (three) months, the Client may terminate its Client Account, by operation of law, without judicial formalities, without notice and without any right to compensation of any kind whatsoever, by sending a registered letter with acknowledgment of receipt having immediate effect.

If, following a force majeure event, the affected party is prevented from fulfilling only part of its contractual obligations, it remains responsible for the performance of obligations that are not affected by the force majeure event as well as for its payment obligations.

As soon as the force majeure event ceases, the affected party must immediately inform the other party and resume the performance of the affected obligations within a reasonable period.

22. Reversibility

At the end of the Services, and in the absence of a new Quote, whatever the cause, the Client may request from cobl, by email or registered letter with acknowledgment of receipt no later than thirty (30) days following the end of the contract, to proceed with the restitution of the data of all Users attached to these Terms and Conditions.

This restitution of data must be carried out in a standard format readable and usable by the Client.

The cost incurred for carrying out the reversibility operations is entirely covered by the fee paid by the Client in consideration for the provision of the Service.

The Client undertakes to actively collaborate with cobl in order to facilitate the recovery of data and information.

cobl also undertakes to proceed with the destruction of said data and information and not to retain any copy.

23. Modifications

cobl reserves the right to modify these Terms and Conditions at any time.

The applicable Terms and Conditions are those accepted at the time of signing the Quote. The entry into force of new terms and conditions will occur upon the signing of a new Quote.

Clients who do not accept the modified Terms and Conditions must not subscribe to the Services.

24. Language

In the event of a translation of these Terms and Conditions into one or more languages, the language of interpretation shall be the French language in the event of contradiction or dispute over the meaning of a term or a provision.

25. Applicable law and jurisdiction

These Terms and Conditions are governed by French law.

In the event of a dispute concerning the validity, interpretation and/or execution of these Terms and Conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on them, except for mandatory procedural rules to the contrary.