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Terms and conditions
Effective as of September 10, 2023
The present Terms and Conditions of Use (referred to as "T&Cs") aim to provide legal framework for the terms of making the website and services available by Carviz Inc. and to define the conditions for accessing and using the services by the "User."
These T&Cs can be accessed on the website under the "T&Cs" section.
Any registration or use of the website implies the User's acceptance of these T&Cs without any reservation or restriction. During registration on the website via the Registration Form, each user expressly accepts these T&Cs by checking the box preceding the following text: "I acknowledge that I have read and understood the T&Cs, and I accept them."
In case of non-acceptance of the T&Cs stipulated in this contract, the User must refrain from accessing the services offered by the website. Carviz.com reserves the right to unilaterally modify the content of these T&Cs at any time.
Article 1 : Legal Notices
The website carviz.com is published by the company Carviz Inc. having its registered office at 2150 Shattuck Avenue - Penthouse Berkeley, CA 94704, represented by Come pinczon du Sel
Phone number: +1 5103652914
Email address: contact@carviz.com.
The Director of Publication is: Evan Barberousse.
The hosting provider for the carviz.com website is Amazon Web Services, with its registered office located in Seattle, WA 98108-1226.
Article 2: Site Access
The website carviz.com allows the User free access to the following services:
The website offers the following services:
- Online showcase presenting the Carviz Inc. product.
The website is accessible for free from anywhere to any User with internet access. All costs incurred by the User to access the service (computer hardware, software, internet connection, etc.) are at the User's expense.
Non-registered Users do not have access to reserved services. To access them, they must register by filling out the form. By agreeing to register for reserved services, the registered User commits to providing sincere and accurate information regarding their personal information and contact details, including their email address.
To access the services, the User must then log in using their username and password, which will be provided to them after registration.
Any regularly registered User can also request to unsubscribe by going to the dedicated page in their personal space. This will be effective within a reasonable timeframe.
Any event resulting from a force majeure event causing a malfunction of the website or server, and subject to any interruption or modification for maintenance purposes, does not engage the responsibility of carviz.com. In these cases, the User agrees not to hold the editor liable for any interruption or suspension of service, even without prior notice.
The User has the option to contact the website via email at the editor's email address provided in ARTICLE 1.
Article 3: Data Collection
The website ensures User data collection and processing while respecting privacy in accordance with Law No. 78-17 of January 6, 1978, relating to information technology, files, and freedoms.
Pursuant to the Data Protection Act of January 6, 1978, the User has the right to access, rectify, delete, and object to their personal data. The User can exercise this right by:
Using a contact form
Using their personal space
Article 4: Intellectual Property
The trademarks, logos, signs, as well as all content on the site (text, images, sound, etc.) are protected under the Intellectual Property Code and, in particular, by copyright law.
The "Carviz " trademark is a registered trademark owned by Côme Pinczon du Sel. Any representation and/or reproduction and/or partial or total use of this trademark, in any form, is strictly prohibited.
The User must request prior authorization from the site for any reproduction, publication, or copying of the various contents. The User agrees to use the site's content strictly for private purposes; any use for commercial or advertising purposes is strictly prohibited.
Any total or partial representation of this site by any means whatsoever, without the express authorization of the site's operator, would constitute an infringement punishable by articles L 335-2 and following of the Intellectual Property Code.
It is reminded, in accordance with article L122-5 of the Intellectual Property Code, that the User who reproduces, copies, or publishes protected content must cite the author and the source.
Article 5: Liability
The sources of information published on the carviz.com website are deemed reliable, but the site does not guarantee that it is free from defects, errors, or omissions.
The information provided is for indicative and general purposes only and has no contractual value. Despite regular updates, the carviz.com website cannot be held responsible for changes in administrative and legal provisions that may occur after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained on this site.
The User is responsible for keeping their password secret. Any disclosure of the password, in any form, is prohibited. The User assumes the risks associated with the use of their username and password. The site disclaims all responsibility.
The carviz.com website cannot be held responsible for any viruses that may infect the User's computer or any computer equipment as a result of use, access, or downloads from this site.
The site's responsibility cannot be engaged in the event of force majeure or the unforeseeable and insurmountable act of a third party.
Article 6: Hyperlinks
Hyperlinks may be present on the site. The User is informed that by clicking on these links, they will exit the carviz.com website. The site has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.
Article 7: Cookies
The User is informed that during their visits to the site, a cookie may be automatically installed on their browsing software.
Cookies are small files temporarily stored on the User's computer's hard drive by their browser and are necessary for the use of the carviz.com website. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a randomly generated, unique identifier and is therefore anonymous. Some cookies expire at the end of the User's visit, while others persist.
The information contained in cookies is used to improve the carviz.com website. By browsing the site, the User accepts these cookies.
However, the User must give their consent regarding the use of certain cookies.
In the absence of acceptance, the User is informed that certain features or pages may be denied to them. The User can disable these cookies through the settings within their browsing software.
Article 8: Applicable Law and Competent Jurisdiction
Delaware law applies to this contract. In the event of the absence of an amicable resolution of a dispute arising between the parties, Delaware courts shall have sole jurisdiction to hear it.
For any questions regarding the application of these CGU, you can contact the publisher at the contact details provided in ARTICLE 1.
GENERAL TERMS AND CONDITIONS CARVIZ INC.
Effective as of September 10, 2023
Article 1 - Preamble
These general terms and conditions are entered into exclusively between Carviz Inc.,having its headquarters registered office at 2150 Shattuck Avenue - Penthouse Berkeley, CA 94704, represented by Come pinczon du Sel, and any professional wishing to subscribe to the services it offers, hereinafter referred to as the CLIENT or the USER.
The parties agree that their relations will be governed exclusively by these general terms and conditions.
Any subscription to the services offered by Carviz Inc. implies prior acceptance of these general terms and conditions.
Carviz Inc. offers the use of an application subject to payment for each use that results in the issuance of a report.
After carefully studying the offer presented by Carviz Inc., the client expressly acknowledges the adequacy of their needs with the use of this application.
The client declares that they have all the information and associated advice to make their choices in full knowledge of the facts.
Carviz Inc. relies on various artificial intelligences associated with the collection of various sources of legal or technical information, which allows for a comprehensive report on the condition and maintenance of a vehicle.
Based on the information provided by the USER, this report provides detailed information for each vehicle examined.
In no case does the application offered by Carviz Inc. aim to replace a complete technical inspection of the vehicle, and it does not exempt the USER from conducting a thorough check of the vehicle.
The parties undertake to cooperate closely in the performance of their respective obligations.
Article 2 – Definitions
The terms defined below shall have the following meaning between the parties:
"SERVICE PROVIDER": Carviz Inc., the company that manages the application "Order form": contractual document allowing the client to use the application "USER/CLIENT": natural or legal person using the application
"Client account": an identifier and password assigned to each client on a personal and confidential basis, allowing access to the services from a secure portal connection;
"Documentation": Any documentation of any kind related to computer applications, including terms of use, descriptions of features, and, in general, technical information necessary or useful for their use, available on the portal or sent to the client by mail;
"Data": All information of any kind provided by the client under their full responsibility and intended to be processed as part of the service implementation;
Article 3 - Purpose
The purpose of this contract is to define the conditions and terms for granting the right to use the application created and implemented by Carviz Inc.
Article 4 - Documents
The contractual documents are, in decreasing order of priority:
these general terms and conditions;
the order form or any other document replacing it.
In case of contradiction between documents of different nature or rank, it is expressly agreed between the parties that the provisions contained in the higher-ranking document shall prevail for conflicting interpretational obligations. In case of contradiction between the terms of documents of the same order, the most recent documents shall prevail over the others.
Notwithstanding the rules of contract interpretation defined in the Civil Code, criteria of rank shall be applied according to the following principles:
obligation by obligation;
or, failing that, paragraph by paragraph;
or, failing that, article by article.
Article 5 - Entry into Force and Term of Engagement
These general terms and conditions come into effect upon the first use of the application. Article 6 - Collaboration
The parties agree to collaborate closely within the framework of their relations.
The USER undertakes to maintain active and regular collaboration by providing all requested elements.
Article 7 - Scope of Application
These operating conditions of the application constitute a contract between Carviz Inc. and the user.
These conditions apply to the use of the application, including updates or supplements, unless one or more applications are provided with separate conditions, in which case those conditions apply.
IF YOU DO NOT ACCEPT THESE CONDITIONS, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR USE THE APPLICATION DEVELOPED BY CARVIZ INC.
Article 8 - Right of Use
The subscription granting access to the application can be individual or collective.
Regardless of the nature of this subscription, the price is established and set by the order form or any other document replacing it.
The total price depends on the volume of vehicle examination reports generated from the application.
It may be subject to variation upon each renewal of the order.
For collective subscriptions, CARVIZ provides a "super administrator" account, with the responsibility for the subscription manager to register each user by creating their own account.
This administrator will be responsible for assigning (and subsequently modifying) user names and rights to end-users and creating their password and username.
Each USER has the possibility to delegate to a third party, under their responsibility, the establishment of a non-billable pre-report by simply transmitting a computer link.
CARVIZ may send all communications related to the solution by email to the USER. CARVIZ holds the necessary rights for the purpose of granting the right to use the solution.
CARVIZ grants, subject to the terms and conditions of the contract, to the user, who accepts it, an exclusive and non-transferable right to use the solution for the contractually agreed duration and subject to the possible application of the Resolution - Termination article.
The subscription holder and/or user is not authorized to:
Bypass or circumvent technological protection measures included in or related to the use of the application;
Disassemble, decompile, decrypt, unlawfully penetrate, emulate, exploit, or reverse-engineer the logic of any software or any other aspect of the services included therein or accessible through the services offered, except and only to the extent that such operations are expressly permitted by applicable copyright law;Séparer les composants du logiciel ou des services pour les utiliser sur des dispositifs différents ;
Publier, copier, céder, louer, vendre, exporter, importer, distribuer ou prêter l’application, sauf autorisation expresse de l’éditeur ;
Transférer le logiciel, toute licence de logiciel ou tout droit d’accès ou d’utilisation
Utiliser l’application d’une manière non autorisée susceptible d’interférer avec l’utilisation par une autre personne ou de façon à accéder à un service, des données, un compte ou un réseau.
Article 9 - Installation, Configuration, and Setup Services
The installation, configuration, and setup services on a client workstation, if applicable, are governed by the contractual provisions signed at the time of contract signature.
Article 10 - Compliance of Software Installation and Configuration Services
The client acknowledges being informed of the prerequisites necessary for the proper functioning of the application and assumes responsibility for its installation.
Article 11 - Client's Caution
It is the client's responsibility to:
Ensure the suitability of the application for their specific needs, particularly based on the information provided in the documentation provided to them.
Have the necessary expertise for using the application.
Ensure that their own infrastructure, including their personnel, can efficiently accommodate the application.
In any case, the implementation of the application by the client is carried out under their sole control, direction, and responsibility.
Article 12 - Technical Support
Article 13 - Obligations of the Parties
Obligations of the Provider
Carviz Inc. may provide upgrades or new versions of the solution in accordance with the editorial policy of the solution's publisher and in compliance with contractual specifications.
Carviz Inc. also commits to:
Notify the client in writing if they fail to comply with certain technical prerequisites or obligations that may cause difficulties.
Offer solutions to remedy any problems that may arise through any means, as quickly as possible.
Client's Obligations
As part of their collaboration obligation, the client must:
Refer to the solution documentation before each phone call or email and describe the problem symptoms accurately and comprehensively.
Cooperate in good faith.
Authorize Carviz Inc. to carry out all control operations to verify the use of the solution in accordance with its associated documentation, provided that it does not unduly disrupt work within the client's premises.
Transmit intervention requests in conditions that facilitate diagnosis.
Ensure free access to the necessary technical means, particularly telecommunications, for the successful execution of this contract.
SERVICE OFFERED
BY ACCEPTING THESE GENERAL TERMS OF SERVICE OR USING THE SERVICES PROVIDED, YOU APPROVE ALL THESE TERMS AND CONSENT TO THE TRANSMISSION OF CERTAIN INFORMATION DURING THE ACTIVATION OF YOUR CLIENT ACCOUNT AND FOR THE USE OF THE SERVICE FUNCTIONALITIES.
THE USE OF THE APPLICATION DEVELOPED BY CARVIZ INC. IMPLIES ACCEPTANCE OF THESE GENERAL TERMS WITHOUT ANY RESTRICTIONS.
Article 14 - Audit of Technical Prerequisites
Carviz Inc. may, if requested by the client, conduct an audit of the client's installations before any installation to assess the compatibility of these installations with the hardware recommendations and propose any necessary modifications or evolutions to comply with technical prerequisites. This technical audit will be subject to additional billing.
Article 15 - Startup Assistance
Startup assistance services, including the configuration of the hosted solution, may be agreed upon.
The client will perform tests, either independently or with the assistance of Carviz Inc., to verify the conformity of the configuration of the service features of the solution to the technical prerequisites.
Article 16 - Client Account
Access to the client account and Carviz Inc.'s services requires a client-specific and confidential username and password.
The client's identification using the provided username and password shall irrefutably imply accountability for the operations carried out using that username and password.
The provided username and password are confidential, unique, and personal. The client is solely responsible for their use.
The client undertakes, on the basis of a result obligation, to keep the password and username confidential. In case of loss or theft of their password, the client shall promptly inform Carviz Inc. via phone, fax, or email.
Article 17 - Service Availability
Carviz Inc. undertakes to make every effort to ensure the continuity and quality of its services. In this regard, it has an obligation of means: Carviz Inc. cannot be held responsible if users cannot access all or part of the site or benefit from a service provided by Carviz Inc. due to technical malfunctions or problems, including but not limited to network congestion, failure of internet service providers, hosting provider failures, or third-party errors, human error, electrical origin, malicious intervention, telecommunication line failure or congestion, software or hardware malfunction, or force majeure.
However, Carviz Inc. reserves the right to suspend access to the application for the shortest possible duration for technical reasons (maintenance, update, backup, etc.) and/or in accordance with a court decision, an order from an administrative authority, or more generally to comply with a legal and regulatory provision.
Certainly, here's the revised text with "Carviz Inc." incorporated:
Article 18 – Evolution of Services
Carviz Inc. may modify these terms if:
It becomes necessary under applicable regulations, especially due to changes in those regulations.
It is necessary based on advice and/or an injunction relying on applicable regulations.
It is necessary for the evolution of the services.
It is necessary for technical reasons.
It is necessary to ensure the proper functioning of the services.
It is necessary due to changes and/or evolution of the general service conditions subscribed to by Carviz Inc.
Article 19 – Service Suspension
In case of non-compliance with their obligations by the client, Carviz Inc. reserves the right to suspend access to the services by the client without prior notice.
Access to the services will remain suspended until the client fulfills all contractual obligations.
Article 20 – Telecommunications
The client is responsible for accessing the portal and services. The telecommunications access costs for accessing the services will be the exclusive responsibility of the client, who is responsible for subscribing to the necessary telecommunications subscriptions.
Article 21 – Inspection Reports
The inspection report generated from the application has a validity period of three months. During this period, it remains accessible at all times to the user. If necessary, it can be shared by the user through the creation of a simple link.
This report remains the exclusive property of Carviz Inc. and cannot be edited, copied, or transcribed on any medium without Carviz Inc.'s prior consent. Beyond this period, the report is not retained.
A supplementary service to enable the user to retain this report can be considered, and this service will be subject to a separate order and billing.
Regardless of the information provided at the time of the report's creation, the report is automatically invoiced once the finalization step is completed.
Article 22 – Proof
The computerized records, kept in the computer systems of Carviz Inc. under reasonable security conditions, will be considered as evidence of communication and sending of registration forms, as well as various transmissions of information by the client, allowing Carviz Inc. to carry out the desired processing.
In case of a conflict between the computerized records and any document in written form or electronic file of the client, it is expressly agreed between the parties that Carviz Inc.'s computerized records will take precedence over the client's documents and will be accepted as the sole evidence.
Article 23 – Service Updates
Carviz Inc. is committed to a continuous improvement process for its services. If necessary due to changes in applicable regulations, Carviz Inc. may modify, remove functions, or cease to provide access to features and services for this purpose, including, without limitation, if contracts concluded with relevant third parties no longer allow the provision of its services.
Article 24 – Personal Data
The USER agrees:
That the information they enter or upload on the platform may be used free of charge by Carviz Inc. for providing services managed from the SITE.
That this information may be visible to other USERS and/or presented alongside that of other USERS, potentially in competition concerning their offers or demands.
All parties commit to respecting each other and adhere to all provisions of the law of January 6, 1978, related to information technology and liberties, its implementing decrees, the provisions of the European Regulation on Data Management (GDPR), as well as any recommendations from competent independent authorities that may apply to them due to the operation or use of the SITE.
Carviz Inc. informs USERS that it may create a file containing information provided by them, especially during the creation of ACCESS CODES and registrations for offered services. This data may be used for billing, tracking payments, and managing SITE archives. USERS are informed about the collection and processing of their data by Carviz Inc. and expressly consent to the creation and use of this file in accordance with these stipulations.
USERS expressly accept that the data they upload to the SITE or that is collected during their visit may undergo automated processing, allowing for anonymization. The anonymized data may be used freely or for a fee by Carviz Inc. as long as it no longer qualifies as personal data under the GDPR.
USERS who wish to be connected with a third-party partner of Carviz Inc. by explicitly requesting such a service on the SITE accept that some or all of their relevant personal data for the purpose of generating a proposal by the SITE's partner may be transmitted to the partner (e.g., transmitting personal data for the purpose of generating an insurance proposal by Carviz Inc.'s partnering broker).
Carviz Inc. complies with applicable provisions regarding the processing of personal data for USERS in use on the SITE. In general, legal information related to the SITE and the management of personal data are in accordance with the GDPR.
In accordance with the "information technology and liberties" law of January 6, 1978, as amended, USERS have the right to access, rectify, port, erase, or limit the processing of their data. They can object to the processing of their data and have the right to withdraw their consent at any time by sending a written request via postal mail to Carviz Inc.'s headquarters. In accordance with decree no. 2007-451 of March 25, 2007, issued for the application of the law of January 6, 1978, USERS' requests must be made in writing, signed, and accompanied by a photocopy of an identity document bearing the signature of the holder and currently valid. The request should specify the address to which Carviz Inc. should send the response. Carviz Inc. will have one month to respond following receipt of the request.
Personal data collected by Carviz Inc. from USERS are intended for managing requests, facilitating connections between USERS, billing beneficiaries of paid services, and creating a customer file for commercial prospecting purposes. They may be disclosed to third parties or subcontractors responsible for executing these tasks. They are collected by the SITE's publisher, who is responsible for processing them. Subject to other specifications mentioned, data are retained and used for a duration in compliance with prevailing legislation, set at the longest prescription period applicable to a dispute in which they may be useful, increased by the time needed for disputes initiated just before the end of the prescription period to be definitively resolved.
Carviz Inc. informs USERS that the SITE may use cookies (small files, often anonymous, containing data, including a unique identifier, transmitted by the SITE's server to the user's browser and stored on their hard drive). These cookies allow for overall statistical studies of SITE audience, identification of USERS if necessary, and the analysis of their behavior within various sections of the SITE, especially for optimizing services provided by Carviz Inc. Nevertheless, USERS have the option to refuse these cookies by configuring their browser. However, USERS are informed that access to certain services and sections of the SITE may be affected or even impossible in this case. Nevertheless, this will not result in a reduction of the price of services provided to them.
Carviz Inc. commits to deleting all personal information within six months following the cessation of the contractual relationship between them and the USER, subject to the retention of data backups permitted by current legislation.
Carviz Inc. is the sole owner of the SITE and the database formed by collecting information from USERS. USERS authorize the exploitation of this asset directly by Carviz Inc. or any party with particular or universal rights to it, subject to legal and regulatory provisions.
USERS are reminded that the inspection report - non-nominative - drafted within the framework of the service offered by Carviz Inc. for each vehicle is not considered personal data under the GDPR.
Article 25 – Price
The price that the client undertakes to pay to Carviz Inc., on the one hand, for the right to use the solution, and on the other hand, for access to the services, is defined on the purchase order or any other document replacing it.
The price is understood in relation to each examined vehicle. It may vary depending on the volume achieved.
Payment will be made by automatic direct debit on a monthly billing basis.
Any invoice related to this contract issued before Carviz Inc. receives the termination is deemed due by the client.
All rights and taxes applicable to this fee are those in effect on the date of invoicing.
In the event of non-payment of a due date for online services, within (15) days after receiving the invoice by the client, Carviz Inc. will send a registered letter to the client notifying them of the suspension of the service.
This will be effective within (48) forty-eight hours of the first presentation of the said registered letter.
169. The suspension will be maintained until the payment of the due fees.
Article 26 – Price and Payment
The price that the client agrees to pay to Carviz Inc., in exchange for the right to use the solution and access the services, is defined in the order form or any other substituting document.
The price is determined per vehicle examined and may vary based on the volume achieved. Payment will be made by automatic direct debit on a monthly basis.
Any invoice related to this contract issued before Carviz Inc. receives the termination notice is considered due by the client.
All rights and taxes applicable to this fee are those in force on the day of billing.
In case of non-payment of a service installment within (15) fifteen days after the client's receipt of the invoice, Carviz Inc. will send a registered letter to the client notifying them of the suspension of the service. This suspension will take effect within (48) forty-eight hours of the first presentation of the registered letter. The suspension will be maintained until the due fee(s) are settled.
Article 27 – Client's Obligations
The client agrees to:
Use the services in accordance with these terms and conditions.
Collaborate with Carviz Inc.
Verify the results provided before any implementation.
Pay the price for the service used.
Article 28 – Insurance
Carviz Inc. certifies that it has taken out an insurance policy with a solvent and established insurance company in France for all pecuniary consequences of its civil liability, arising from bodily, material, and immaterial damage caused to the client and any third party in the execution of this contract.
Article 29 – Intellectual Property
Elements owned by Carviz Inc., such as trademarks, designs, models, images, texts, photos, logos, graphic charters, software, search engines, databases, without this list being exhaustive, are its exclusive property.
Carviz Inc. is and remains the exclusive holder of the intellectual property rights of the solution, services, interface, documentation, and these general conditions.
These general conditions do not entail any transfer of any kind of intellectual property rights to any part of the elements owned by Carviz Inc.
Any reproduction or representation, in whole or in part, of any of these elements without the express authorization of Carviz Inc. is prohibited and would constitute an infringement punishable by articles L. 335-2 and following of the Intellectual Property Code.
Article 30 – Termination
In the event of a party's failure to fulfill its obligations under these terms and conditions not remedied within a period of 8 days from the sending of a registered letter with acknowledgment of receipt notifying the breach in question, the other party may terminate or rescind these general conditions automatically, without prejudice to any damages to which it may be entitled under these terms and conditions.
Termination of an order has no effect on the continuation of other orders for services covered by separate purchase orders.
Article 30– Liability
Each USER is responsible for their use of the SITE, the information they provide, their interpretation of the information they consult, and their understanding of the documents exchanged.
Carviz Inc. cannot be held responsible for incomplete, inaccurate, inadequate, misleading, counterfeit, or illegal information transmitted or posted by another USER, as the latter acts under their exclusive responsibility.
The CLIENT is solely responsible for examining the vehicle covered by the report produced through the proposed application and is solely responsible for the consequences of such examination.
It is reminded that Carviz Inc. is neither the owner nor the seller of the examined vehicle, and its liability cannot be sought on the grounds of hidden defects.
The report provided by the application cannot be equated with an expert report; it is a tool provided to facilitate the examination of a vehicle, and the USER is solely responsible for its use.
Neither party shall be liable for indirect and/or consequential damages resulting from breaches of their obligations under the contract.
None of the parties to the contract shall be held liable for a failure to fulfill any of its obligations resulting from circumstances beyond its control.
By mutual agreement, the parties expressly agree that Carviz Inc.'s liability can only be incurred by the client in the event of proven fault.
This liability shall not be incurred for disruptions or damages inherent to the Internet and/or presenting the characteristics of a force majeure event.
The client undertakes to use the services under their exclusive responsibility. They are solely responsible for the compliant use of the services in accordance with the provisions of this contract and the associated documentation by users.
The client is also solely responsible for:
The suitability of the services for their specific needs, particularly based on the indications provided in the documentation and in the commercial proposal.
The compatibility of their hardware and software environment with the services offered.
The data hosted by Carviz Inc. under this contract. It is the client's responsibility to verify the legality of their data. The client guarantees the legality of their data and that it does not infringe on the rights of third parties.
The client also indemnifies Carviz Inc. against any action by a user or third party based on the operation of the services.
The client undertakes to use the service under their exclusive responsibility.
This clause shall remain applicable in the event of nullity, rescission, or termination of this contract.
Article 31 - Confidentiality
Within the scope of these terms, all information is confidential and covers all information or data communicated by the parties in writing or orally.
The parties naturally agree to:
Treat confidential information with the same degree of protection as they accord to their own confidential information of the same importance.
Keep confidential information from being disclosed directly or indirectly to any third party.
Not infringe in any way on the ownership rights of confidential information.
Prevent confidential information from being copied, reproduced, or duplicated, in whole or in part, when such copies, reproductions, or duplications are not directly related to the execution of these terms.
The parties expressly agree not to infringe in any way on the ownership rights of confidential information. This obligation of confidentiality shall survive for (5) five years after the expiration of the general conditions.
Each party undertakes not to poach or hire the personnel of the other party during the entire duration of these general conditions and for a period of (12) twelve months from the cessation of contractual relations.
In the event of non-compliance by either party with its obligations, it undertakes to pay the other party a penalty equal to (12) twelve times the gross monthly salary of the person(s) concerned.
Article 32 - Commercial References
Carviz Inc. may mention the client's name as a commercial reference, including in the diagnostic reports generated with the solution and in accordance with commercial practices.
Article 33 - Good Faith
The parties agree to fulfill their obligations in good faith. This contract represents the entirety of the parties' obligations.
Article 34 - Waiver
The fact that Carviz Inc. does not invoke a breach by the client of any of the obligations mentioned in these terms shall not be interpreted in the future as a waiver of the obligation in question.
The fact that one party does not invoke a breach by the other party of any of the obligations mentioned in these terms shall not be interpreted in the future as a waiver of the obligation in question.
Article 35 - Force Majeure
Initially, force majeure events will suspend the execution of the contract.
If force majeure events persist for more than one month, this contract will be automatically terminated, unless otherwise agreed by the parties.
Expressly, force majeure events are considered to be those typically recognized by French court jurisprudence.
Article 36 - Assignment of the Contract
This contract cannot be assigned in whole or in part, for a fee or free of charge, by the client, without the prior written consent of Carviz Inc.
Article 37 - Independence of the Parties
The parties acknowledge that they each act independently for their own account as independent parties. This contract does not constitute a partnership, franchise, or mandate given by one party to the other. Neither party can make commitments on behalf of the other party. In addition, each party remains solely responsible for its actions, allegations, commitments, services, products, and personnel.
Article 38 - Notifications
For the execution of this agreement, and unless otherwise specified, the parties agree that all notifications required or possible under any provision of the contract shall be deemed validly given if sent by registered letter with acknowledgment of receipt to the addresses and recipients listed at the beginning of the contract or to any other address or recipient that may subsequently be indicated for notification by one party to the other.
For the execution of this agreement, and unless otherwise specified, the parties agree to send all correspondence to their respective registered offices.
Article 39 - Prescription
All legal actions between the parties are time-barred, except for mandatory legal provisions, if they have not been initiated within two years from the first claim notified by registered letter with acknowledgment of receipt.
Article 40 - Applicable Law and Jurisdiction
These general conditions are governed by US law.
IN THE EVENT OF A DISPUTE, THE COMMERCIAL COURT OF DELAWARE SHALL HAVE EXCLUSIVE JURISDICTION, NOTWITHSTANDING THE PRESENCE OF MULTIPLE DEFENDANTS OR THIRD-PARTY PROCEEDINGS.
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