1.1 These Terms and Conditions (hereinafter referred to as “TC”) apply to any User of the platform https://coment.in published by the company COMENT, SAS with a capital of 5000 euros, whose head office is located 14, rue Charles Brunellière, 44100 Nantes, France, registered with the Nantes (France) Trade and Companies Register under number 852 949 544, VAT number FR90852949544, email: firstname.lastname@example.org (hereinafter “the Company” or “COMENT”).
1.2 Any use of the Platform is subject to these TC that prevail over any other document, unless otherwise agreed in writing between COMENT and the User.
The User declares that he has read the present TC and has accepted the terms before using the services offered on the Platform (hereinafter referred to as “Services”). Use of the Services implies the unrestricted and unreserved acceptance of these Terms and Conditions.
1.3 The present TC can be modified, hence the User is invited to consult them regularly and obligatorily before each use of the service. By continuing to use the Services, the User accepts the modifications made to the TC.
1.4 Any User of the Platform certifies to be of age or, having previously obtained the agreement of his legal representatives before using the Services.
The non-subscription version of the Platform is however accessible without the agreement of the legal representatives as soon as the User reaches the age of the digital majority applicable in the State on which it depends. As an indication, the age of the numerical majority in France is 15 years.
1.5 Any User who uses the Services of the Platform on behalf of a company, a third party or any other organization, declares that he accept the present TC on its behalf and for its account and to have all the power to engage himself, the company, the third party or the organization. Otherwise, the User will be solely responsible for all of his actions.
The Parties: jointly designate COMENT and the User
Platform: means the software solution published by the company COMENT accessible through the Website and the application COMENT.
Website: means the address of the Platform accessible on the Internet at https://coment.in
Services: refers to all services provided by COMENT through the Platform.
Content: refers to the files deposited on the Platform, the history of actions performed on the Platform by all Users, comments and posts made within Teams.
User: means any physical person with an account on the Platform
Main User: refers to the User, the (billing) account holder, who created the Team and is the default Team Leader.
Team: refers to a set of Users who share documents, posts, comments together.
Role: refers to the quality of the User. Depending on the type of profile chosen, his responsibilities change.
Reader profile: refers to the User whose role is limited to the possibility of consulting and commenting on the Content transmitted to the Team.
Writing profile: refers to the User who, in addition to the possibilities offered by the Reader Profile, has the possibility of submitting documents that the Team can consult.
Team leader profile: refers to the User who, in addition to the prerogatives of the Writer Profile, alone has the ability to invite or remove Users within the Team. He may also invite Users outside the Team to review or validate the Content. It also has the ability to delete the Team as well as all its Contents.
Anomaly: designates any bug, lack of realization, malfunction of the Platform leading to total or partial impossibility to benefit from the planned features, and subdivided into 3 categories.
Blocking Anomaly: means a reproducible Anomaly documented by the Client that, individually or cumulatively, prevents the Platform from being available to the Users, or block the use of an essential function of the Platform.
Major anomaly: means an anomaly documented by the Client that allows the exploitation of the Platform only for part of its features or in a degraded way, not viable in the long term.
Minor anomaly: Reproducible anomalies whose criticality is minor, which makes it possible to work in semi-degraded mode on the Platform.
Workaround: A procedure to use the Solution despite an identified fault that can not be corrected quickly.
3.1 COMENT offers services for professionals and companies, making it easier to exchange and manage documents (Collaborate better on documents).
3.2 The Services allow you to store, organize, share and receive Content, modify it and download it.
3.3 A hotline is provided by COMENT, available at email@example.com. COMENT makes it its priority to answer the questions asked by Users as soon as possible.
4.1 The creation of an account is a prerequisite for the use of the Services.
When creating the account, the User provides his name, family name and his email address.
A confirmation email is sent to the address provided. It contains a link to verify the account.
4.2 The Team is created by The Primary User.
The Primary User chooses the type of subscription to which it wishes to subscribe according to the offers available and described on the Platform.
In the event that the Primary User contracts a paid subscription, it will be required to transmit the billing information, name and billing address. You are reminded that the Primary User who uses the Services on behalf of a company or organization expressly declares that he or she has the power to engage the Company.
Then the Primary User invites the other project members to join the Team that has been created.
4.3 Each User invited to join a Team creates an account.
The Primary User has determined the role of each User.
Each User has a specific Role within the Team.
4.4 Each User guarantees that the information transmitted during the creation of the account is accurate. Any modification must be brought to the attention of COMENT without delay.
4.5 The identification of the User on the Platform is done with:
The identification can also be done through the use of Google login credentials.
4.6 The Identifiers are intended to grant access to the Platform to the User, to protect the integrity and availability of the Platform, as well as the integrity, availability and confidentiality of the Content transmitted by the Users.
The User agrees to make every effort to keep his username and password secret and not to disclose them in any form whatsoever. The User is fully responsible for the use of his username and password. It will ensure that no unauthorized person has access to the Platform by using its identifiers. In the event that he knows that another person accesses it, the User will inform COMENT without delay.
5.1 The Platform is accessible via the Internet, in Software as a Service mode (Saas). COMENT cannot, under any circumstances, be held responsible in case of inaccessibility of the Platform due to an interruption or any malfunction of the Internet. The User has accepted the costs as well as the limits specific to any connection to the Internet.
5.2 The Platform is accessible from a computer, tablet or smartphone equipped with a Google Chrome or Mozilla Firefox Internet browser updated at least in July 2019. The User agrees to regularly update his browser.
6.1 The Platform is available 24 hours a day, every day of the week.
COMENT is committed to making its best efforts to ensure that availability is as wide as possible and to ensure the availability of the Platform more than 99.9% of the time.
However, the Platform depending on the Internet connection, COMENT can not be held responsible in case of lack of access to the Platform that would be due to any other cause or to any third party.
In case of availability less than 99.9% of the Platform, penalties will be calculated as follows:
Any penalties will be subject to a credit on the next invoice.
6.2 The helpdesk can be contacted at firstname.lastname@example.org during business days between 9 am and 6 pm.
7.1 The purpose of Corrective Maintenance is the correction of any functional incident that occurs during normal use of the software, characterized by a reproducible inconsistency between the results produced by the Platform and its documentation in their respective latest available versions.
Any request for Corrective Maintenance must be made by email to email@example.com.
COMENT takes into account the functional incidents as soon as it receives the declaration of any Anomaly for analysis and correction. The quality and the response time of COMENT also depend on the active collaboration of the User, who is responsible for providing the appropriate information.
COMENT cannot be held responsible for any unauthorized access or unauthorized use of the Platform by Users or as a result of a malfunction of any of the elements of the internal configuration of the Users.
The User undertakes to provide all the necessary support and, in particular, to describe as precisely as possible the said incident and to keep COMENT informed.
7.2 Access to the Platform may be suspended from time to time due to maintenance interventions necessary for the proper functioning of the Services offered by COMENT. In case of interruption of the Services due to maintenance, COMENT will inform the Users of the interruption as soon as possible.
COMENT is likely to offer updates for the evolution of its Services on the Platform. The User will perform all the updates proposed by COMENT.
8.1 The Content remains the property of the User who downloads it on the Platform.
8.2 The User grants COMENT a license on the Contents for the duration of the subscription, worldwide. This is a license of use, hosting, storage, modification, reproduction, translation, adaptation of the Content. This license is granted for the sole purpose of allowing COMENT to perform its services.
8.3 The User is solely responsible for the use he makes of the Contents and the consequences of their disclosures to the Team. He will be solely responsible for the disclosure of the Content by Users. Similarly, the User will be solely responsible in case of failure of a patent application due to the disclosure by him or any User of the Team, of the Content.
8.4 The User guarantees that he has full intellectual property rights over the Content and that it does not infringe the rights of a third party.
8.5 The User shall be required to compensate COMENT for the full financial consequences of any infringement or other action brought against COMENT because of the use of the Content. If all or part of the Content is acknowledged to constitute an infringement of intellectual property rights, the User must raise it unscathed from any conviction, without prejudice to any request for compensation for the damage that could be done by COMENT.
9.1 COMENT is the exclusive owner of the intellectual property rights and the owner of the know-how, methodologies belonging to it and any improvements that it may make. COMENT is the sole owner of all the intellectual property rights that it has on the site, the Platform, the Services, the source codes, the software, the brands and logos.
9.2 The User recognizes the importance of the name, logo, brands that belong to COMENT and agrees not to undermine its image.
9.3 COMENT guarantees that it is the owner of the intellectual property rights enabling this license and that this license is not likely to infringe the rights of third parties.
COMENT will be required to compensate the User for the full financial consequences of any infringement for forgery brought against him because of the use of the software. If all or part of the software is recognized as constituting a forgery or other infringement of intellectual property right, COMENT must either provide it with another software with the same functions, within a time frame compatible with the activity of the User, or obtain at his own expense the right for the User to continue to use the software, or to reimburse the User for the price perceived under the software.
9.4 For its part, the User agrees to report immediately to COMENT any infringement of the software of which he would be aware, COMENT being then free to take the measures he deems appropriate.
9.5 The User expressly authorizes COMENT, throughout the duration of the subscription, to reproduce, represent, broadcast and use the brand and logo of the company or organization it represents, in order to promote the Platform.
10.1 COMENT grants the User a personal, non-transferable, non-exclusive, worldwide license which is limited to the duration of the subscription. The license covers the access and use over the Internet (in SAAS mode), of the software provided to you by COMENT as part of its Services. This license is exclusively intended to allow the User to use and benefit from the Services provided by COMENT, in compliance with these TC.
10.2 This license is granted for the exclusive needs of the User. The User will not allow a third party to access the Platform with its identifiers.
10.3 The User strictly prohibits to infringe, directly or indirectly, the intellectual property rights of COMENT and undertakes in particular not to translate, adapt, arrange, modify, reproduce, export, perform reverse-engineering, merge with other software or alter the software in any way.
10.4 The User is not authorized to reproduce the code or translate the code form of the Software, except as provided by Article L 122-6-1, IV of the French Intellectual Property Code. However, in this case, before performing any act of decompilation, the User must inform the Licensor of its intention. The latter will then have three days to provide the interfaces or information necessary for interoperability or to indicate the means to obtain this information. Thus, the User will not perform any act of decompilation during this period.
10.5 COMENT expressly has the exclusive right to interfere with the software. The User is strictly forbidden to intervene or to involve a third party on the Software.
10.6 The User is not authorized to make a backup copy of the Software, as COMENT undertakes to provide him immediately with a backup copy in the event of a reported failure of the Software.
11.1 COMENT and the User undertake to respect the provisions relating to the protection of personal data and in particular the provisions of Law 78-17 of January, 6th, 1978 and of the European Data Protection Regulation No. 2016/679.
12.1 The Parties undertake to treat as confidential and not to communicate the information collected during the execution of this contract and after its cessation whatever the cause, and to use them only within the strict framework of the subject of this contract and with the prior written consent of the other Party.
12.2 For the purposes of this Agreement, all Content, any written or unwritten information, data, documents, files, reports, definitive or partial studies, of any nature whatsoever, or any facts whatsoever, shall be considered confidential information, emanating directly or indirectly from each of the Parties, of which the Parties have become aware during their collaboration, as well as any compilations of information (hereinafter the “Confidential Information”).
12.3 The Party receiving Confidential Information agrees that the Confidential Information from the transmitting Party shall:
12.4 Each Party shall ensure the fulfillment of the obligations described in this Article by its employees, subcontractors or agents and shall be responsible for any disclosure made by them in violation of this Article. In the event of a disclosure made in violation of this Article, the Party who knows of it shall notify the other Party.
12.5 The confidentiality obligations set out in this article do not apply to Confidential Information:
12.6 Furthermore, each Party may disclose, in the strictest of confidence, the Contract and the related documents to its counsel, insurance broker, auditors, tax and social bodies in the event of control, or on the injunction of an administrative judicial authority or where such disclosure is necessary to permit the implementation or to prove the existence of rights under the Contract.
12.7 Either Party shall not be liable for the disclosure of Confidential Information by a person to whom the other party would have granted access. In particular, COMENT can not be held responsible for disclosures of Confidential Information belonging to a User and disclosed by another User.
12.8 The Parties will be bound by this obligation for a period of three (3) years from the expiration or termination of this Agreement, regardless of the cause.
12.9 In the event of COMENT’s breach of this provision, its liability shall, in any event, be limited to the direct prejudice suffered by the User and limited to the amount of € 5,000.
13.1 COMENT is subject to an obligation of means.
13.2 As the Platform is designed around software that is a standard software package designed to satisfy the greatest number of users, COMENT cannot guarantee that it will be adapted to the specific needs of the User.
13.3 COMENT guarantees the conformity of the software to the online services described.
14.1 COMENT, as host, does not control the Content.
14.2 Each User is responsible for his comments and will be solely responsible for the presence of racist content, violent or likely to constitute a violation of the legislation in force. In particular, the Primary User is responsible for taking the necessary measures, in the event that such content is present on the Platform, because of the Users belonging to Teams for which he/she is responsible.
14.3 Under the guarantee, the Licensor will take care of the correction of errors on the Platform, to the exclusion of any other direct or indirect damage, in particular related to the unavailability of the Platform, regardless of the duration.
14.4 The User uses the Platform and the results obtained by its implementation under its exclusive responsibility, without recourse against COMENT. In particular, the responsibility of COMENT cannot be engaged because of errors, whatever the cause, in the results obtained, which it is up to the User to verify.
COMENT cannot be held responsible in case of non-compliance by the User, with these TC as well as the fact of the absence of updates, lack of protection against viruses, or any intervention of third parties on the Contents.
14.5 In any event, COMENT can only be held liable for direct damages caused to the User.
COMENT offers several subscription plans which are subject to change. These changes will be made available on the Website.
15.1 Discovery subscription (free trial):
The Primary User may benefit from a subscription offering access to the Services of the Platform, free of charge, for a period of fifteen days from the creation of his account. The full set of options in the different subscriptions – besides custom subscriptions – would then be available. The provision of this free trial is at the discretion of Coment.
This subscription is subscribed for a limited period of 15 days from the creation of the account and cannot be renewed.
At the end of the subscription, the Primary User shall be in compliance with the Subscription to which he wishes to subscribe.
In the absence of compliance, the Subscription will be resolved and the data deleted within the time specified in the article “deletion of data”.
At the end of this period, the Primary User may benefit from a free or paid license of the Platform under the conditions described in the Appendix.
15.2 Free subscription:
A free version of the Platform is accessible to the Primary User.
The latter must comply with the technical limitations imposed and described in the Appendix – in particular with regard to the number of Team Leader profiles, number of Teams, storage capacity.
15.3 Paid subscriptions:
COMENT offers several paid versions of the Platform to the Primary User.
The Primary User agrees to comply with the technical limitations specified in the Appendix – in particular with regard to the number of Team Leader Profiles, number of Teams, storage capacity.
16.1 The “Discovery” subscription is subscribed for a limited period of 15 days from the creation of the account and cannot be renewed unless with the written agreement of COMENT.
16.2 The free subscription is subscribed for a period of one month and is tacitly renewable for similar successive periods, unless denounced by one or the other parties, one day before the end of the current period or subscription of a paid subscription.
16.3 Paid subscriptions are for a period of one month or one year – at the option of the Primary User – and are tacitly renewable for similar successive periods, unless terminated by either party by registered letter with acknowledgment of receipt, one day before the end of the current period, or modification of the subscription.
17.1 Subscription to an annual subscription may be subject to change during the commitment to meet the needs of the Primary User.
17.2 Any request for modification must be expressly accepted by COMENT.
17.3 Subscription changes are taken into account as of the month following the month started.
17.4 In case of subscription of a higher rate subscription, the price increase will be calculated in proportion to the number of months of commitment remaining.
In case of the subscription of a plan at the lower rate, a credit will be granted to the principal User. The amount of this credit will be equal to the difference between the price paid when subscribing to the subscription and the new subscription, calculated in proportion to the number of months of commitment remaining. The credit can only be used for the Services offered by COMENT for a period limited to 3 years from its issue.
18.1 The Services offered by COMENT are provided at the rates in effect on the Website, when subscribing to the online subscription by the Primary User.
18.2 The prices are expressed in Euros or in Dollars, excluding and including taxes.
18.3 The rates take into account any reductions that may be granted by COMENT under the conditions specified on the Website.
18.4 These rates are firm and non-revisable during their period of validity, as indicated on the Website, COMENT reserves the right, outside this period of validity, to modify prices at any time.
19.1 The price of the subscription is paid by means of an automatic periodic payment by credit card or a bank transfer. Payment via bank transfer is available upon COMENT’s approval.
19.2 The full payment of the subscription is made upon subscription of the subscription. Any subscription that has started shall be paid for.
19.3 An invoice is issued by COMENT to the name entered when subscribing and sent to the e-mail address of the Primary User and accessible from his account.
The Primary User who provides contact information for a company, organization or any third party, declares that he has full authority to bind the company, organization or third party.
19.4 In addition, any late payment automatically entails the application of an indemnity of forty (40) Euros, without prejudice to penalties for late payment. Late payment will result in the immediate payment of all amounts owed by the Primary User, without prejudice to any other action that COMENT would be entitled to bring, as such, against the Primary User.
19.5 In addition, COMENT reserves the right, in the event of non-compliance with the above payment conditions, to suspend the supply of the Services ordered by the Primary User and / or to suspend the performance of its obligations.
The French User has, in accordance with the law, a withdrawal period of 14 days from the conclusion of the contract to exercise his right of withdrawal from COMENT and cancel his order, without having to justify reasons or to pay penalty, for the purpose of reimbursement, unless the performance of the services has begun, with the agreement of the User, before the end of the withdrawal period.
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the Website, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the User by COMENT, or any other declaration, without ambiguity, expressing the will to retract and in particular by mail addressed to 14 rue Charles Brunellière 44100 Nantes or by email to the address firstname.lastname@example.org, mentioning the account concerned by this retraction.
In case of exercising the right of withdrawal within the aforementioned period, only the price of the Services ordered is refunded.
The reimbursement of sums actually paid by the User will be made within 14 days from the receipt by COMENT of the notification of withdrawal of the Consumer User.
In the event that the consumer user subscribes to a paid subscription, he will be asked if he wishes to waive the withdrawal period to start the service immediately. Otherwise, the service can be subscribed only 14 days after payment.
21.1 The termination of the “discovery” subscription occurs at the latest 15 days after the subscription of this subscription.
The termination of the free or paid subscription occurs at the latest one day before the date of the tacit renewal of the subscription.
21.2 A party may, in the event of non-performance of any of the obligations incumbent upon the other party, – in particular the obligation to pay the subscription or the obligation to comply with the limitations of the subscribed subscription -, notify the defaulting party by e-mail with a reading notice. The service would be terminated, 7 days after the sending of a formal notice to execute remained unsuccessful.
22.1 COMENT undertakes to facilitate reversibility under the best conditions.
22.2 Reversibility refers to all of the actions and provisions that COMENT will have to take to transfer the necessary data to the User, due or early termination of the contract for any reason whatsoever.
22.3 In the event that the Primary User requests the reversibility of the data, COMENT will submit a business proposal to the Primary User indicating the cost of the reversibility benefit.
22.4 In the absence of an agreement concerning the provision of reversibility of the data, COMENT undertakes to delete all the relevant data within the time limits provided for in Article 23 and to provide, at the first request of the principal User, a certificate of deletion.
All Content on the Primary User’s account will be deleted in the following cases:
In the event that the Primary User, at the end of the “Discovery” Subscription, did not comply with his subscription to the actual use of the Services, the Content will be deleted within 15 days at from the end date of the trial period.
In the case of a request to delete an account or Content made at the request of the User, all Content will be deleted without delay.
In all other cases mentioned above, the Content will be deleted within 6 months from the non-compliant use of the Subscription.
24.1 This contract is governed exclusively by French law.
24.2 Clause applicable to professional and non-professional clients:
Any litigation relating to the interpretation and / or performance of this contract shall, in the first place and to the extent possible, be settled by amicable negotiations between the Parties.
FAILURE TO COME TO AN AMICABLE AGREEMENT BETWEEN THE PARTIES, ANY LITIGATION WILL BE SUBMITTED TO THE COMPETENT COURTS OF NANTES, FRANCE (44000), NOTWITHSTANDING PLURALITIES OF DEFENDERS AND CALL IN WARRANTY, INCLUDING FOR EMERGENCY PROCEDURES AND CONSERVATORY PROCEDURES, REFERRED OR REQUEST.
24.3 Clause applicable to consumer customers: All litigations to which the purchase and sale transactions concluded pursuant to these general conditions will be submitted, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and that could not be resolved between COMENT and the User, to the competent courts under common law conditions.
The User is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of the consumption (C. consom., Art.L 612-1) or with the sectoral mediation bodies existing and whose references appear on the Website or in any alternative dispute resolution method (conciliation, for example) in case of dispute.
The Customer acknowledges having communicated, before placing his order and the conclusion of the contract, in a readable and understandable way, these TC and all the information listed in Article L. 221-5 of the Code consumption, and in particular the following information:
The fact for a natural person (or legal entity) to order on the website implies acceptance and full acceptance of these TC and obligation to the payment of the Services ordered, which is expressly acknowledged by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against COMENT.
Should any provision of this Agreement be declared void or unenforceable by reason of a court order or the application of any law or regulation, the remaining provisions of this Agreement shall remain in full force and effect.
The non-application or delay in the application of any of the provisions of the Contract by a Party shall not be interpreted or understood as a waiver by that Party of the application of the relevant provision.
These TC and its appendixes constitute the entire agreement between the Parties and prevail over any other document or contract whatsoever or any agreement between the Parties not provided for herein.
Acceptance of these terms and conditions constitutes an agreement intuitu personae between the Parties. No transfer may be made in the absence of prior written agreement of the other Party.
The parties agree to confer probative force on electronic writing. Thus, any formal notice or notification of cancellation of the subscription contract by one or other of the parties may be made by email to the address provided by the User when registering or to the address email@example.com for COMENT.
Appendix 1 – List of Subscription Rates and Related Services
Appendix 2 – Right of withdrawal document
Appendix 3 – Retraction Form
All prices are available on the following page: https://coment.in/en/pricing/
– RETRACTION FORM
This form must be completed and returned only if the Customer wishes to retract the order placed on https://coment.in except exclusions or limitations to the exercise of the right of withdrawal according to the applicable TC.
For the attention of COMENT, whose registered office is at 14 rue Charles Brunellière 44100 Nantes, FRANCE.
I hereby notify the withdrawal of the contract for the ordering of the services below:
– Order date: …………………………………….
– Order number: ………………………………………………… ..
– Client name:…………………………………………………………………
– Customer’s address: …………………………………………………………….