General terms and conditions of use of the "Skillagora" platform
USE OF THE PLATFORM IS SUBJECT TO FULL ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF USE
NAVIGATION ON THE PLATFORM IMPLIES THE EXPRESS AND UNRESERVED ACCEPTANCE OF ALL THESE GENERAL TERMS AND CONDITIONS OF USE BY THE USER AND THE INTERNET USER
BeTomorrow is a limited liability company with a capital of 300,000 euros, registered under the number 440 845 667 in the Bordeaux Trade and Companies Register, whose registered office is located at 44 rue Barreyre in Bordeaux (33300) (hereinafter, " BeTomorrow ").
BeTomorrow is a creative, design and development agency founded in 2002. BeTomorrow has developed a digital platform, called Skillagora, designed for any individual of legal age or any legal entity, with the aim of encouraging the exchange and sharing of knowledge between peers. Skillagora provides tools to facilitate communication within organizations, with the aim of creating genuine learning communities.
It is specified that the provisions of the Consumer Code included in the context of these terms and conditions will not apply to legal persons, public or private, acting or not for professional purposes, as well as to all natural persons acting for purposes within the context of their commercial, industrial, artisanal, liberal or agricultural activity, including when they act in the name or on behalf of another professional, in accordance with the introductory article of the Consumer Code.
These terms and conditions of the website https://www.skillagora.com/en (hereinafter, the " Site ") and/or the platform (hereinafter, the " Platform ") govern the relationship between BeTomorrow and any Internet User or User browsing the Site or the Platform.
ARTICLE 1. Definition
The following terms, reproduced in the General Terms and Conditions of Use with a capital letter, will have the meaning given to them below, whether they are used in the singular or the plural:
"APPLICATION": means the mobile application marketed by BeTomorrow, available on Android or iOS and accessible on the Platform.
"BETOMORROW": means the company BeTomorrow.
"GTCU": means these General Terms and Conditions of Use.
"ADMINISTRATOR ACCOUNT": means the account created on the Platform by the Administrator User.
"CUSTOMER ACCOUNT": means the account created on the Platform by the Customer User.
"INTERNET USER": means the persons who browse the Site or the Platform, after having created a personal account on the Platform.
"PLATFORM": means the online space and/or the Application, marketed by BeTomorrow, accessible at https://app.skillagora.com
"SITE": means the website published by BeTomorrow accessible at the address https://www.skillagora.com/en
"SKILLAGORA": means the Digital Platform developed by BeTomorrow.
"USER(S)": means together, the Administrator User and the Customer User.
"ADMINISTRATOR USER": means the natural or legal person(s) who creates an Administrator Account on the Platform.
"CUSTOMER USER": means the natural or legal person who subscribes to the contract proposed by BeTomorrow, pays for the subscription and creates the Customer Account.
ARTICLE 2. Purpose
2.1. The purpose of the GTCU is to define the terms according to which BeTomorrow makes available to Users and Internet Users the services proposed during navigation on the Site and the Platform and during the use of the Platform.
2.2. These GTCU apply in their entirety and constitute the essential and determining conditions for any download of the Application and any use of the Platform by a User and/or an Internet User.
ARTICLE 3. Acceptance of the GTCU
3.1. The GTCU are available at any time on the Platform and can be downloaded in PDF format by means of a hyperlink. It is thus possible, at any time, for any User and/or Internet User, to print and/or save the GTCU.
3.2. Browsing the Site or the Platform implies acceptance of the GTCU by the User and the Internet User. They must read these carefully before any navigation on the Site or the Platform.
3.3. BeTomorrow reserves the right to modify and update the GTCU at any time by updating this publication. Thus, all Users and Internet Users must consult the GTCU on a regular basis in order to keep abreast of these updates.
3.4. The BeTomorrow Privacy Policy, available at the following address https://skillagora.com/en/privacy-policy is an integral part of these GTCU.
ARTICLE 4. Creation of a Customer Account - Access to the Administrator Account and the Platform
4.1. Creation of a customer account
4.1.1 The creation of a Customer Account on the Platform is reserved for the Customer User.
4.1.2.The Customer User must be an adult natural person with the legal capacity to enter into a contract in order to be able to register on the Platform.
4.1.3. To create a Customer Account on the Platform, the Customer User is invited to fill in the information requested. The Customer User will then have to enter his/her surname and first name, date of birth, a valid email address, socio-professional category, sector of activity and the size of the company in which he/she works, as well as the last four digits of his/her bank card, and choose a password. The registration to the Customer Account will be validated once the Customer User has clicked on the link that BeTomorrow has sent him/her on the email address previously provided.
4.1.4. The Customer User guarantees that the information he/she provides is accurate and complete. The Customer User undertakes in particular to be the owner of the email address communicated and to update the information communicated on his/her Customer Account.
4.1.5. The Customer User is the sole co-contractor of BeTomorrow. The Customer User is responsible for the payments due under the contract and for compliance with the conditions of execution or non-performance thereof by him/her and the persons under his/her responsibility authorised to use the Platform.
4.2. Access to the Administrator Account
4.2.1. The Administrator Users will access the Platform after having been invited by the Customer User.
4.2.2. The Administrator Users will be able to access the Platform by clicking on the "Login" button accessible from the home page of the Platform, and indicate their email address and the password chosen at the time of creation of the Administrator Account.
4.2.3. The Administrator Account is strictly personal. The Administrator Users is responsible for maintaining the confidentiality of his/her password and the actions that are carried out under his/her username and with his/her password. In case of opening a session on a public computer, the Administrator User must make sure to close the session when leaving his/her computer. It is also recommended to change the password regularly.
4.3. Access to the Platform
The Internet Users will be able to access the Platform by clicking on the "Login" button accessible from the home page of the Platform, and indicate their email address and the password chosen at the time of creation of their personal account.
ARTICLE 5. Use of the Platform
5.1. Knowledge-sharing platform
SKILLAGORA is a platform providing the User with tools for sharing knowledge created or suggested by peers within the company. Users can thus suggest content or take part in discussion groups. The User confirms that he/she is interested in using the Platform to train his/her employees, partners or customers, for this purpose only.
5.2. Subscription plans, price and payment
A subscription must be paid to use the Platform. Several subscription plans are proposed, accessible on the Site.
The price of subscriptions invoiced by BeTomorrow is calculated in euros (€) and is net, before tax. The payment of invoices is made by SEPA direct debit, charged against the Customer User's account at thirty (30) days from the invoice date.
Any failure or delay in payment on the due date will automatically and without prior notice result in:
- the application of late payment penalties calculated on the basis of the interest rate applied by the European Central Bank (ECB) to its most recent refinancing operation, plus ten percentage points, as from the day following the agreed maturity until full payment of the amount due, without the need for a reminder;
- a lump sum compensation for the costs incurred by BeTomorrow, occasioned by the recovery of the sums due, whose amount fixed by decree is currently forty (40) euros.
In the event of late payment, BeTomorrow also reserves the right to suspend access to the Platform.
5.3. Access to the Platform
For the proper management of the Site and/or the Platform, BeTomorrow reserves the right, at any time, to suspend, interrupt or limit access to all or part of the Site and/or the Platform and in particular for maintenance or updating purposes, or in the event of an attack on the Site and/or the Platform.
In the event of non-compliance by the User or the Internet User with any of the obligations incumbent on them individually or collectively, BeTomorrow reserves the right to suspend access to the Platform, after an email informing the User of such suspension. This right of suspension is without prejudice to BeTomorrow's other remedies, in particular its right to terminate the subscription contract.
5.4. Services available on the Platform
BeTomorrow makes various services available to Users and Internet Users from the Platform, such as:
- Creation of an individual profile listing their interests and contact details to facilitate exchanges between peers;
- Creation of groups to bring users together;
- Creation of custom content formats: duration, title, colour;
- Creation of slots allowing the creation of knowledge sharing sessions;
- Content editing tool or "authoring" tool allowing the use of multiple formats;
- Integrated marketing suite: automatic session creation emails, automatic reminder for subscribers, connection to the customer's Teams or Slack accounts;
- Reporting on the dynamics of use of the Platform.
5.5. Service modification
BeTomorrow may be required to change the services offered on the Site or the Platform.
ARTICLE 6. Limitation of liability
6.1. Content published on the Platform
The User is solely responsible for the use he/she makes of the Platform and any content he/she provides, including compliance with the laws, rules and regulations in force. BeTomorrow declines all liability for the reliability, sincerity, accuracy or relevance of the information made available on the Platform by the User and Internet Users.
The User undertakes, for him/herself and for the Internet Users, not to pursue illegal objectives, not to download, transmit or disseminate viruses, illegal, malicious, or misleading content that may offend public decency, third parties or their rights, not to encourage the pursuit of illegal activities, and not to interfere with the Platform, servers or networks connected to the Platform, or to interrupt them.
6.2. Liability of BeTomorrow
BeTomorrow acts as an intermediary in the context of the provision of its services to the User and the Internet User. In this respect, in accordance with Article 6 I.3 of the Law on Trust in the Digital Economy (LCEN) of 21 June 2004, as amended, BeTomorrow cannot be held criminally liable by the User and/or the Internet User for the information stored on the Platform if it did not actually have knowledge of the illegal activity and/or information or if, from the moment it became aware of this, it acted promptly to withdraw this information, or to make it impossible to access the same.
The liability of BeTomorrow towards the User and/or the Internet User can only be invoked for facts that would be directly attributable to it, and which would cause the User and/or the Internet User direct harm, to the exclusion of any indirect harm related in particular to the use or the impossibility of using the Platform.
It is specified that BeTomorrow cannot be held liable for any malicious program that could infect the User's and/or the Internet User's computer equipment, or any other hardware or software, nor for losses or alterations of data following the use of the Platform.
The use of the Platform is carried out under the full responsibility of the User. The liability of BeTomorrow is excluded in case of misuse of the Platform by the Internet User or fault on his/her part. Nor can BeTomorrow be held liable for acts attributable to a third party.
In any event, the User expressly acknowledges and agrees to use the Platform at his/her own risk and under his/her exclusive responsibility.
Annex to article D. 211-3 of Consumer Code and only for access to the Application:
The consumer has a period of two years from the provision of the digital content or the digital service to obtain the execution of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity entails the obligation to provide all the updates necessary to maintain the conformity of the digital content or the digital service.
The legal guarantee of conformity gives the consumer the right to bring the digital content or the digital service into conformity without undue delay according to his/her request, without costs and without major inconvenience for him/her.
The consumer may obtain a reduction in the price by retaining the digital content or the digital service, or he/she may terminate the contract by being fully refunded after renouncing the digital content or the digital service, if:
1° The professional refuses to bring the digital content or the digital service into conformity;
2° The bringing into conformity of the digital content or the digital service is unjustifiably delayed;
3° The bringing into conformity of the digital content or the digital service cannot be carried out without costs imposed on the consumer;
4° The bringing into conformity of the digital content or the digital service causes a major inconvenience for the consumer;
5° The non-compliance of the digital content or the digital service persists despite the attempt by the professional to bring these into conformity.
The consumer is also entitled to a reduction in the price or to the termination of the contract if the lack of conformity is so serious that it justifies the immediate reduction in the price or the termination of the contract. The consumer is then not required to request the bringing into conformity of the digital content or the digital service beforehand.
In cases where the lack of conformity is minor, the consumer is only entitled to the cancellation of the contract if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or the digital service with a view to bringing it into conformity suspends the guarantee period remaining until the supply of the digital content or the digital service once more in conformity.
The rights mentioned above result from the application of Articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.
Any professional who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of a maximum amount of €300,000, which may be increased up to 10% of the average annual turnover (Article L. 242-18-1 of the Consumer Code).
The consumer also benefits from the legal guarantee of hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives rise to a reduction in the price if the digital content or the digital service is retained or to a full refund after renouncing the digital content or the digital service.
ARTICLE 7. Termination of the subscription contract
In the event of a breach by the User of any of its obligations, in particular payment, that is not remedied within eight (8) days of the receipt of a formal notice sent by registered letter with acknowledgement of receipt, BeTomorrow may terminate the contract ipso jure, without prejudice to the other remedies at its disposal.
ARTICLE 8. Intellectual Property
8.1. Each User and Internet User has a private and non-exclusive right of use of the Site or the Platform, and undertakes not to use the Site or the Platform for commercial or illicit purposes.
8.2. The Site, the Platform, the Application, the brands, names, logos and any other distinctive sign and any software used on the Site, the Platform or the Application (hereinafter the "Properties") are the exclusive property of BeTomorrow and, where applicable, its partners duly authorized to use the contents.
8.3.The Properties may be subject to protection, by copyright, trademark law, patent law, or any other intellectual property right. The information (including the Properties) published on the Site, the Platform or the Application can in no way be the subject of commercial or advertising exploitation.
8.4. Subject to the provisions of Article L. 342-3 of the Intellectual Property Code, BeTomorrow prohibits the extraction, reuse, marketing, distribution, modification, adaptation, or translation, as well as the reproduction, of all or part of the elements (including the Properties) of the Site, the Platform or the Application without its prior and express written authorisation. Failure to comply with this prohibition may constitute acts of counterfeiting that may invoke the civil and criminal liability of their author.
ARTICLE 9. Security
Access to the Platform will take place remotely, via the Internet, in the form of "Software as a Service" or SaaS.<br>
9.1. Account security
The use of identifiers and passwords (hereinafter, the "Access Codes"), created by the User and the Internet User, is necessary each time the User logs on to access the Platform. The User and the Internet User are solely responsible for the conservation, security and integrity of the Access Codes and undertake to report to BeTomorrow any loss or misuse of the Access Codes, as soon as possible and by any means, provided that they confirm this loss or misuse to BeTomorrow without delay by registered letter with acknowledgement of receipt. Until BeTomorrow receives the said confirmation by registered mail with acknowledgement of receipt, any action taken by an Internet User on the Platform will be deemed to be carried out by the User, and will be his/her exclusive responsibility.
BeTomorrow reserves the right to suspend access to the Platform in the event of legitimate suspicion of fraudulent use or attempted fraudulent use of the Platform. BeTomorrow will inform the User as soon as possible.
9.2. Security of the Platform
The personal data of the User, collected during the use of the Platform, is kept on secure equipment throughout the duration of the contract. The data from the content published by the User and/or the Internet user on a training space is kept on secure equipment, throughout the duration of the contract.
9.3. Hyperlink
The existence of a hyperlink on the Site and/or the Platform linking to another site does not imply the validation of this site or its content by BeTomorrow. BeTomorrow is not responsible for the content of the web pages relating to these links.
ARTICLE 10. Confidentiality
The Parties undertake not to use and to preserve the confidentiality of the information they may receive with regard to the other Party, and any documents and information exchanged between them under the contract, except for the strict needs of the execution of the contract. This obligation will survive the end of the contract for any reason whatsoever for a period of two (2) years. This obligation of confidentiality and non-use will no longer apply in the event that the information and/or documents fall or have fallen into the public domain through no fault of the Party that received them, or in the event that a Party is required to respond to a court order or a request for disclosure from a public authority authorised by law, subject to informing the other Party so that the latter can put forward its arguments to oppose such disclosure.
ARTICLE 11. Personal data
11.1. Some services are accessible subject to identification. If the User chooses to benefit from the services and create an account, the User agrees to provide BeTomorrow with complete and accurate information, in accordance with the required fields in the registration form(s).
11.2 In accordance with the applicable regulations on personal data, in particular the Data Protection Act of 6 January 1978 as amended and European Regulation 2016/679 of 27 April 2016, Users/Internet Users have a right to withdraw their consent at any time, to define the directives relating to the management of their personal data after their death and a right of access, modification, deletion and opposition, limitation of processing and portability of data concerning them.
11.3. The terms for the processing of personal data linked to the Site and/or the Platform are detailed in the privacy policy accessible by clicking on the following link: https://skillagora.com/en/privacy-policy
ARTICLE 12. References
BeTomorrow and the User will be free to refer to each other, for commercial purposes, in communication and publication media relating to the Platform.
ARTICLE 13. Applicable law and jurisdiction
13.1. These GTCU and the operations resulting therefrom are governed by French law.
13.2 Any dispute relating to the interpretation and/or execution of these GTCU will be subject to the jurisdiction of the French courts.
13.3. Complaints should be sent to the following address: contact@skillagora.com
13.4. The User and/or the Internet User is informed that he/she may in any case resort to mediation, in particular with the Consumer Mediation Commission pursuant to Articles L 612-1 of the Consumer Code.