TERMS AND CONDITIONS

The original version of this document is the French version. That version serves as the document of reference in case of differences with other version.

These conditions of use ('Conditions') govern your access and use of all the services of Braineet SAS ('Braineet' or 'We'), including but not limited to our websites, our APIs and applications, notifications email and buttons (hereinafter the 'Services'), and any content contained therein, information, texts, photos, images, graphics, sounds and videos (the 'Contents').

The access and use of the Services are subject to your prior agreement and compliance with these Terms. You certify that you have read, understand, and agree to be bound by these Terms. Your use of the Services implies acceptance of these Terms at all times. We reserve the right to amend these Terms, at our sole discretion, at any time, and without notice from us. A notification will be sent to you by email in case of significant amendment of these Terms.

If a condition is missing from these Terms, it will be considered as being governed by the usual practices of the Internet and in accordance with the relevant French law.

If you have any questions or comments regarding these Terms, contact us at support@braineet.com.

1. Legal Notice

Braineet
Joint stock company
Head office : 158ter rue du temple 75003 Paris, France
SIREN : 800 287 120 RCS de Paris
Director : Jonathan Livescault
Email : hello@braineet.com
Accommodation provided by Azure Microsoft France with a capital of € 4 240 000,00 RCS Nanterre, whose registered office is at 37 Quai du président Roosevelt 92130 ISSY LES MOULINEAUX, FRANCE. In accordance with the law 'Informatique et Libertés' of January 6, 1978, Braineet has been the subject of a declaration to the National Commission of Computing and Freedoms, referenced under the number 1746661v0.

2. Responsabilities

You are responsible for your use of the Services, the Content you publish and all related consequences. The Content you submit is visible to other users of the Services and through third-party services and websites. You should only post Content that you wish to share with others in accordance with these Terms. Acceptance of these Terms through the use of the Services on behalf of a company, organization, government or other legal entity means that you represent and certify that you are authorized to act on its behalf. To use the Services, you must comply with these Terms and any applicable local, national and international laws.

If you do not have the necessary rights to communicate the Content that you publish, you accept full responsibility. You represent and certify that you have the rights, powers, and authorizations necessary to grant the rights granted herein to the Content that you submit.
Braineet shall not be liable for damages resulting from the use of Your Content by Braineet or its partners made in accordance with these Conditions.
As Braineet Services are subject to change, their form and nature may change at any time without notice from us. We also reserve the right to define in our sole discretion limits on use under the same conditions.

3. Confidentiality

The information you provide to us is subject to our Privacy Policy. By using our Services, you agree to the collection and use of this information, including its transfer for storage, processing and use by Braineet.
Braineet will send you notifications through the Services and by email.

4. Description of Services

Braineet is an internet platform connecting individuals and companies / organizations in order to establish a permanent constructive dialogue and to improve everyday products and services.
To use the various Braineet Services, you must enter your first name / last name / email address and password in order to create an account or connect via other services that we allow. You can then decide to fill in other information, such as your gender, age, or professional situation, as well as define a profile picture.
Once connected, you can use all the Services at your disposal, mainly : share, consult, like, dislike, comment on ideas, share them on other social networks, search and follow themes, users, brands, participate in Idea Challenges and invite friends.

5. Content

All Content is the sole responsibility of its issuer. Braineet cannot control all the Content published on its Services, and cannot therefore be held responsible. You acknowledge to accept full responsibility for your use of these Contents.
The nature and the quality of the Contents cannot therefore be guaranteed by Braineet. We do not support any opinion whatsoever expressed about our Services.
Braineet is not responsible for any damage or loss that you may suffer through the use of the Content, in any form whatsoever.

6. Intellectual Property

By sharing Content on Braineet, you forego all rights present and future of Intellectual Property relating to this Content and accept that they are now of the public domain. You agree that any Braineet user may unrestrictedly access, use, and exploit all of your Content without notice, compensation or acknowledgment.
You agree that Braineet may have unlimited access, use, modify, and exploit the Content on any support known or likely to exist, without notice, compensation or acknowledgment to you. You agree that Braineet can make this Content available to other companies/organizations or individuals partners of Braineet for the aggregation, distribution or publication of this Content on other media and services. You understand that Braineet promotes your ideas to companies / organizations with the purpose of them listening to users without any compensation offered.

7. Registration and Account Security

Braineet users provide their true identity and information which implies that they undertake to:
a) Not provide false personal information to Braineet and not to create an account for a third party.
b) Create only one personal account.
c) Do not re-create an account without our permission if we have previously deleted it.
d) Do not use their personal page for commercial purposes. If they wish to engage in commercial activities on Braineet, they will need to create a Company account for this purpose.
e) Update their contact details.
f) To not communicate their password.

8. Password

You are responsible for your password and protection. Braineet strongly recommends that you use long passwords, consisting of uppercase and lowercase letters, numbers, and special characters. Braineet cannot be held responsible for any damage resulting from your failure to comply with this advice.

9. Publicity

In return for access and use of the Services, you agree that Braineet and its partners may offer you advertisements, targeted or not and in relation or not with the Content and information collected on the Services.
Nature Advertisements broadcast by Braineet and their extent are likely to evolve.

10. Idea Challenges

Braineet allows member companies / organizations to organize Idea Challenges on Services. These Challenges allow member companies / organizations to get relevant suggestions from users on a topic of their choice and participating users to win prizes known in advance.
The Challenge company/organization decides the nature and distribution of the prizes. The ranking is established by the number of 'likes'.
The Idea Challenges organized by the companies/organizations on Braineet aim to reward the creativity and the relevance of the users.
A prize must always be considered by the participating user as possible. The fact of having participated without being rewarded with a prize cannot constitute a prejudice of any kind.

11. Referred User

It is possible for a user to win a prize if they manage to ensure that a company / organization that has never previously held a Braineet subscription, subscribes to a Classic subscription or higher for a minimum period of three (3) months.
Braineet will deliver the prize to the relevant user provided tangible proof that they were the cause of this subscription, with the user required to provide this proof at their expense. Braineet has also set up an automatic url detection mechanism to help prove the origin of the subscription.
Braineet will deliver the prize upon receipt of payment of a sum at least equal to three (3) months of the subscription selected by the brand.

12. Braineet Rights

Braineet has the exclusive ownership of all rights, title, and interest in the Services, except for the personal identification of users. The Services are protected under trademark and copyright laws, and the laws of the countries in which Braineet operates. Nothing in this Agreement gives you any right to use the term 'Braineet' or any of the trademarks, logos, domain names and other distinctive features of Braineet.

13. Restrictions on the Content and Use of the Services

The restrictions on the Content and the use of the Services are set out in our Rules (the 'Rules'), which forms part of these terms, which we invite you to read.
We reserve the right to refuse, suspend, or delete any Content or User Account that cannot comply with the Rules, without liability for our liability.
If necessary, we reserve the right to use any information proving a breach of the Rules, Conditions, or Law in order to protect the interests of Braineet, its users or partners.

You have no right to access, use, or alter Braineet's private computer systems and spaces; to hack, test the vulnerability of the Services or emit a virus; to impersonate Braineet, to deceive users and partners in any form whatsoever; overloading, flooding, spamming, mail-bombing, content scripting.

14. Copyright

We respect the intellectual property rights of others and expect our users to do the same. We respond to the notifications sent to us at support@braineet.com concerning any copyright infringement as long as they comply with the relevant law in force.
If you wish to send us a notification of this kind, please provide us with the following information: the identity of the protected work, the signature of the copyright owner or a person authorized to act on his behalf, all content in violation of these rights, their location , your postal address, telephone number and e-mail address, and a declaration of honor that you are authorized to act on behalf of the rightholder.
Braineet may remove the alleged infringing Content without notice and without engaging its responsibility. Braineet reserves the right to terminate the account of a user who has infringed Content several times.

15. Termination

The Terms apply until terminated by you or by Braineet.
Deactivating your account constitutes termination. You may deactivate your account at any time and for no reason. We may suspend or deactivate your account if we have reason to believe that you have breached these terms, the applicable law, or that your behavior is against our interest. Braineet remains sole judge of the reasons that may justify a termination. We will notify you of this decision and its reason by email. In all the aforementioned cases, the Terms will be terminated.

16. Disclaimers and limitations of liability

The purpose of this section is to limit the liability of Braineet, its companies, directors, employees and partners (collectively, the 'Braineet Entities').

Your access and use the Services and Content at your own risk and therefore bear any consequences. The Services are provided 'as is'. Although we do our utmost to avoid these situations, we cannot guarantee that the Services will always work without interruption, delay, error, imperfection, or security problem.
In no case is it the responsibility of the entities of Braineet for any damage, including but not limited to possible computer system damage, loss of data, links to third party sites, loss of revenue, reputational risk or defamatory behavior.

17. Applicable Law

These Terms and any legal action taken in connection with these Terms are governed by French law regardless of your country of residence. All claims, legal proceedings, or disputes in connection with the Services shall be brought exclusively before the French courts. You accept the material and territorial jurisdiction of these courts and waive any objection thereto.

18. Entire Agreement

These Terms, our Rules, Privacy Policy, and Challenge Rules constitute the entire agreement between Braineet and you regarding the use of the Services (excluding services for which you have entered into a separate agreement with Braineet including or expressly excluding these Terms).
These Terms and Conditions supersede and replace all prior agreements between Braineet and you regarding the Services. If any of the provisions hereof were declared invalid or unenforceable, the remaining provisions will remain in full force.