These General Terms and Conditions of Use ("Terms of Use") define the terms and conditions for using the Platform provided to the User by SMART GLOBAL GOVERNANCE, a company with a capital of €3,350,535.32, registered under number 853 951 556 with the Trade and Companies Register of Grasse, headquartered at 300 rue du Vallon, 06560 Valbonne, France ("SMART GLOBAL").
Capitalized terms used herein, whether singular or plural, have the meanings defined below:
These Terms of Use constitute a contract between the User and SMART GLOBAL. Access and use of the Platform are subject to the User's express, unconditional acceptance of these Terms. Failure to accept these Terms results in the User's inability to access or use the Platform. Acceptance is formalized during the User’s first connection and creation of a User Account (as specified in Article 3.1).
SMART GLOBAL reserves the right to modify or update these Terms without notice. Access to and use of the Platform will be governed by the Terms applicable at the time of access and use. Users are encouraged to regularly review the Terms of Use.
Should any provision become invalid due to changes in legislation, regulation, or a final judicial decision, the validity and compliance of the remaining provisions shall not be affected.
Access to the Platform requires the creation of a User Account. Users must possess a valid email address. Access is strictly limited to persons on the list of authorized Users provided by the Client to SMART GLOBAL. SMART GLOBAL will send each User an email containing a secure URL for account setup. If the Client appoints a Platform administrator, this administrator will be responsible for creating and managing User Accounts.
Authorized Users can access the Platform by connecting to the Site, clicking on the "Login" button, authenticating, and accepting these Terms.
The User agrees to provide and maintain accurate, up-to-date, and complete personal information. SMART GLOBAL cannot be held responsible for delays or access problems resulting from inaccurate or incomplete information. Users must protect their login credentials, maintain confidentiality, and never disclose credentials to third parties.
In the event of lost, forgotten, or stolen credentials managed by SMART GLOBAL (excluding Single Sign-On [SSO]), Users must promptly reset their password using the "Forgot Password" feature. For SSO-related issues, Users must address credential changes internally.
SMART GLOBAL disclaims responsibility for unauthorized or fraudulent use of credentials. Users are solely responsible for activities performed using their credentials.
SMART GLOBAL undertakes all reasonable efforts to ensure reliable and rapid access to the Platform. The User acknowledges costs and limits associated with internet connectivity and is solely responsible for hardware, software, telecommunications, and internet expenses required for Platform access. Users must ensure proper security of their computing equipment and internet connection. SMART GLOBAL will not be liable for equipment damage related to Platform use.
Platform availability conditions are detailed in SMART GLOBAL's Service Level Agreement available at https://www.smartglobalgovernance.com/en/legal-en/sla-en. SMART GLOBAL has an obligation of means, not results, regarding Platform availability. SMART GLOBAL may suspend or limit access to the Platform due to legal or technical constraints, without prior notice or compensation.
The User agrees to use the Platform exclusively for professional purposes related to their activity, in accordance with these Terms and applicable laws. Users must not engage in illegal, discriminatory, fraudulent actions, interfere with Platform functioning, violate third-party rights, or misuse the Platform beyond its intended purposes.
SMART GLOBAL reserves the right to suspend or terminate User access to the Platform without prejudice to potential claims for damages.
SMART GLOBAL guarantees the confidentiality and security of Data but makes no guarantees regarding the accuracy, completeness, timeliness, or quality of User-integrated Data. Users are solely responsible for the accuracy, quality, and virus-free status of Data they upload. The Platform is provided "as-is," with no other express or implied warranties regarding continuity, performance, suitability, or absence of errors.
Users acknowledge and accept internet-related limitations, including potential technical disruptions or virus contamination.
SMART GLOBAL cannot be held liable for damages arising from Platform access or use. Users are solely responsible for prudent and compliant use of the Platform and integrated Data.
Users bear responsibility for any damage to their systems or data loss resulting from Platform use and must implement appropriate security measures. SMART GLOBAL explicitly excludes liability for indirect damages related to Platform usage, dysfunction, or unavailability.
SMART GLOBAL's liability is limited to direct damages caused by breaches of its obligations under these Terms.
All intellectual property rights related to the Platform, its architecture, source code, the Site, and trademarks ("SMART GLOBAL PRIVACY," "SMART GLOBAL GOVERNANCE") remain the property of SMART GLOBAL or licensed third parties.
Users receive only a personal, non-exclusive, non-transferable license limited to Platform use in accordance with these Terms. Unauthorized reproduction or exploitation is strictly prohibited and punishable by law.
SMART GLOBAL complies with personal data protection laws, including the GDPR and French Data Protection Law. Details on data protection practices are available in the SMART GLOBAL Privacy Policy accessible at https://smartglobalgovernance.com/en/legal-en/legal-information-privacy-policy-en.
These Terms become effective upon acceptance and remain valid throughout the User's Platform use under the Client’s agreement. SMART GLOBAL can immediately suspend or terminate Platform access without notice or compensation for violations of these Terms or applicable law. Termination of the Client’s agreement automatically ends User Accounts. Upon request after termination, SMART GLOBAL returns User Data according to contractual terms.
These Terms represent the full agreement between parties and supersede all previous agreements. The rights and obligations herein cannot be transferred by Users without SMART GLOBAL’s written approval. Failure to enforce a provision is not a waiver of future enforcement rights.
These Terms are governed by French law. Parties shall seek amicable dispute resolution but agree to submit unresolved disputes to the jurisdiction of competent courts in Grasse, France.
