Terms and Conditions of Use
of the myUpcyclea® SaaS
Updated on September 10, 2020
Presentation of the services
The site upcyclea.cloud is published by the company Upcyclea, simplified joint stock company (SAS), with a capital of 1 170.30 euros, registered in the Paris Trade and Companies Register under number 820 645 091, whose headquarters is located at 5 villa Hersent 75015 Paris, represented by Ms. Christine GUINEBRETIERE, as President (hereinafter, “Upcyclea”)
Upcyclea.cloud gives access to :
Some features of “myUpcyclea®” to publish needs, transformations or circular passports. myUpcyclea® is an intelligent digital platform available in SaaS mode, developed and owned by Upcyclea, aiming at supporting users in the implementation and management of their circular flows. Users can characterize their waste material deposits, their secondary raw material needs and their transformation capacities, to create resource regenerating ecosystems,
An international circular passport library.
The User, by accepting the present conditions, expressly declares that he/she is acting in direct relation with his/her professional or commercial activity and that he/she is registered in the Trade Register of his/her region or country if his/her registered office is outside France.
The User and Upcyclea are, together, referred to as the “Parties”, and individually, a “Party”.
“Administrator”: role managed by Upcyclea and allowing to open myUpcyclea® and upcyclea.cloud accounts to Users.
“Terms and Conditions” means the document entitled “Terms and Conditions of Use of the myUpcyclea® SaaS and the upcyclea.cloud website”.
“Contributions”: contributions, interventions, services offered by Users via myUpcyclea® and the upcyclea.cloud website.
“Data”: means information, content, texts, images, files, programs, data, including Personal Data, publications, and in general, any element that the User enters in myUpcyclea® or the upcyclea.cloud website, or generates when using the Services, and which may relate, in particular, but not limited to, circular passports, transformations, the User’s needs, etc.
“Personal Data” means any information relating to an identified or identifiable natural person, as defined in the GDPR.
“Malfunction” means a functional anomaly affecting to varying degrees the use of the Services.
“Identifiers”: refers to both the User’s identifier and the connection password, which are personal to the User and allow him/her to identify himself/herself in order to access the Services.
“User Help”: online help provided by Upcyclea to the User after acceptance of these General Conditions, in which the principles of use of myUpcyclea® are detailed.
“Web browser”: software designed to consult the contents of the Web.
“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
“Services” means access to and use of myUpcyclea® and its functionalities, access to the library of circular passports, as well as, in general, all services offered to the User by Upcyclea and to which he/she has subscribed.
“Users” means individuals registered for the circular passport library, the myUpcyclea® features offered, and manufacturers subscribed to the myUpcyclea® “passport creation” service.
1. Purpose of the General Conditions
The purpose of these General Conditions is to define the terms and conditions under which Upcyclea makes the upcyclea.cloud website available to the User and, through this website, provides access to certain functions of the myUpcyclea® SaaS, to the library of circular passports, as well as, in general, to the Services.
The User who accesses the Services offered by Upcyclea undertakes to respect, without reservation, these General Conditions.
Upcyclea agrees to the User:
A right of access to Upcyclea’s servers under the conditions provided for in these General Conditions,
A right to use myUpcyclea® and the circular passport library, subject to the authorizations granted by Upcyclea,
A set of Services as defined below, including Data hosting, upcyclea.cloud site maintenance, and technical support.
The present General Conditions are expressly accepted by the User, who has read them.
2. Contractual documents
Except in case of subscription to the general conditions of sale in a separate but complementary way, the present General Conditions represent the entirety of the commitments that exist between the User and Upcyclea. No previous commitment can be substituted for it. Any other document such as the User’s general terms and conditions of purchase, commercial proposals, prospectuses or catalogs are expressly excluded from the contractual documents.
In order to have access to the Services, the User must expressly accept the present Terms and Conditions when registering to the circular passport library, or, via a checkbox, when logging in for the first time to the myUpcyclea® functions. Any access and/or use of the Services implies the User’s unreserved adherence to the provisions of these General Conditions.
The User may obtain the current General Conditions at any time by sending a request to the following address firstname.lastname@example.org.
The present General Conditions may be modified by Upcyclea at any time, in particular to take into account any legal, regulatory, jurisprudential, economic and/or technical evolution. Any substantial modification of the General Conditions will be subject to the prior acceptance of the User.
When the User uses the Services after the entry into force of any modification to these Terms and Conditions, the User is deemed to have accepted the modification(s) in question.
3. Effect and duration
These General Conditions are concluded between Upcyclea and the User for an undetermined period.
The User is free to terminate it under the conditions provided in Article 15 (“Termination”). Any new access to the Services and/or myUpcyclea® and/or upcyclea.cloud implies acceptance of the current Terms and Conditions.
4. Description of the Services
myUpcyclea® is a hosted SaaS software, available through the Internet, that allows the creation and management of circular ecosystems.
The myUpcyclea® features available from upcyclea.cloud allow you to:
To the “needs manager”, to characterize free of charge his needs in reuse or secondary raw materials, to create new circular passports, and to validate/refuse offers.
The needs entered by the “needs manager” will be submitted for validation by the Upcyclea supervisor in order to guarantee the quality of the published needs. The supervisor can refuse certain needs, in particular if their contents prove to be obviously incomplete, or of a racist, homophobic or offensive nature, without the person in charge of the needs being able to oppose it.
The “manufacturer” can create as many circular passports as he wishes, free of charge, and, depending on the subscription plan chosen, request Upcyclea to rate his passports,
To the transformations manager, to publish his transformations for free, and to accept/refuse requests.
Circular passport bookstore
By registering to the passport library on the upcyclea.cloud homepage, Users can view all circular passports published by manufacturers.
Manufacturers can declare as many passports as they wish for free and all published passports will be visible in the library. On the other hand, the pictograms associated with the passports, and resulting from the passport rating action by Upcyclea, will only be visible if the manufacturer has subscribed to a “basic”, “standard” or “premium” subscription, and has requested a rating for his passports from Upcyclea.
When the User enters Data in myUpcyclea® to benefit from the Services, he/she accepts that these :
Be visible to other Users, under the “visibility conditions” in effect in myUpcyclea® and detailed below.
Be processed by myUpcyclea®’s algorithms, for the purpose of executing these Terms and Conditions,
Be accessible by Upcyclea people specifically assigned the role of “Administrator” for maintenance purposes, to correct problems, to check consistency or efficiency of myUpcyclea® and upcyclea.cloud.
The visibility conditions are as follows. For a given User account:
The circular passports created by a manufacturer are visible to anyone who has opened an account to access the circular passport library on upcyclea.cloud, the requirements managers on upcyclea.cloud and anyone who subscribes to the myUpcyclea® SaaS. For this, the passports must have been previously published by the Upcyclea supervisor. The passport creation function is free and unlimited on upcyclea.cloud.
On the other hand, the pictograms of the passports will only be visible if the manufacturer has subscribed to a Basic, Standard or Premium subscription with Upcyclea, under the conditions defined by the subscription plan, i.e. for a given brand:
Basic” subscription plan: visible ratings for up to 10 passports,
Standard” subscription plan: visible ratings for max. passports
Basic” subscription plan: visible ratings for all published passports.
The requirements created by a requirements manager are visible to all users who subscribe to the myUpcyclea® SaaS, once these requirements have been accepted by the Upcyclea supervisor (and therefore published). On the other hand, on upcyclea.cloud, requirements created by a requirements manager are not visible to other requirements managers. The requirement creation feature is free and unlimited on upcyclea.cloud. Note that, for a requirement to be public, the requirements manager must check the “public requirement” box.
Transformations created by a transformation manager are visible to all users who subscribe to the myUpcyclea® SaaS, once these transformations have been accepted by the Upcyclea supervisor (and thus published). However, on upcyclea.cloud, transformations created by a transformation manager are not visible to other transformation managers. The transformation creation function is free and unlimited on upcyclea.cloud.
The Personal Data of each User are visible and modifiable only by the Administrator (except the password which is not accessible to any User). In addition, an Administrator has the functionality to connect directly to an account that he manages.
The User is fully responsible for the quality, accuracy and updating of the Data entered in myUpcyclea® and upcyclea.cloud. Upcyclea shall not be held liable for this. It is therefore the responsibility of Users to make all verifications that seem necessary or appropriate before using the Services, or making their Data available.
In case of proven inconsistencies, problems detected by Upcyclea or reported by Users, Upcyclea may verify, and if necessary, refuse the Data provided by the User. The User undertakes to take into account any modification or deletion requests from Upcyclea (e.g. concerning the modification of the Data or their completeness, or the deletion of inconsistent Data), with a view to the proper use of the Services.
The role of myUpcyclea® and the upcyclea.cloud website is to connect Users to each other. Upcyclea is not responsible for Contributions delivered (or not delivered) by the User, nor for any dissatisfaction or claim relating to a Contribution. The use of the Services shall not have the effect of diminishing, modifying or sharing (in particular with Upcyclea) the responsibility and obligations of the Users among themselves. Each User exercises his professional practice according to his own legal and regulatory obligations, his own ethical rules, his own norms and standards, and any other rules that may be applicable to him.
Scheduling a Contribution on myUpcyclea® and upcyclea.cloud constitutes a firm commitment by the User to one or more other Users. For the proper use of the Services, each User is invited to provide all the required information and undertakes to deliver the Contributions scheduled for his or her attention. In the event of a problem encountered by a User in delivering a Contribution, the User must at the very least notify the other Users concerned and, if possible, reschedule the making of the Contribution. The User acknowledges and agrees to assume exclusively the consequences of any breach committed in the performance or non-performance of a Contribution.
5. Network and access
Upcyclea puts in place the means necessary for the proper functioning of the Services. Upcyclea shall take the necessary measures to maintain the continuity and quality of the Services.
The costs of accessing and using the telecommunications network (Internet access costs, telephone costs, etc.), as well as the costs related to the User’s equipment (computer, telephone, software, etc.) for accessing the Services are to be paid by the User, according to the terms and conditions set by his access providers and electronic communications operators.
It is the User’s responsibility to ensure that he/she has the necessary technical and computer resources to use myUpcyclea® and upcyclea.cloud: an ADSL connection or higher as well as a computer with the latest version of Chrome, Firefox or any other compatible web browser.
The User must also ensure that the computer configuration of his hardware/equipment is in good working order and free of viruses.
Furthermore, it is strongly recommended to use the “Google Chrome” web browser, as myUpcyclea® has been optimized for use via this browser. Upcyclea shall not be held responsible for malfunctions that may occur if the client uses another web browser.
The procedure to access myUpcyclea® is detailed in the User Help.
6. Securing access to myUpcyclea® and upcyclea.cloud
To access the circular passport library for free, the user will have to register directly on upcyclea.cloud. He will automatically receive emails that will help him in his connection process.
In order to access myUpcyclea®, you need to have a login for your needs/manufacturers/transformations. These Identifiers are provided to the User by Upcyclea via an activation email sent by myUpcyclea®.
The purpose of the Identifiers is to reserve access to myUpcyclea® and the Services for the Administrator and Users, to protect the integrity and availability of myUpcyclea®, as well as the integrity, availability and confidentiality of the Data as transmitted by Users.
The User is entirely responsible for the use of his User profile and the Identifiers that have been given to him. It is the User’s responsibility to keep his/her Credentials confidential, and to ensure that no unauthorized person has access to myUpcyclea®.
Any use of the Services, connection or transmission of Data carried out via a User with his or her Identifiers, will be presumed to have been carried out by this User, under his or her exclusive responsibility, unless a written and duly motivated denunciation is transmitted to Upcyclea.
Upcyclea shall not be held responsible for the loss of one or more Identifiers and, in the absence of prior and regular written opposition to Upcyclea, for the harmful consequences of the use of the User Profile by an unauthorized person. In case of loss or theft of one of the Identifiers, the User shall follow the procedure set up by the Upcyclea administrator, allowing him to recover his Identifiers and renew his password.
Upcyclea has no power to control the veracity of the information transmitted by Users for the creation of a User Profile. Consequently, Upcyclea shall not be held responsible for any false declaration or usurpation of identity made by the Users. Users agree to provide Upcyclea with accurate information and to update it as it changes over time.
The User assumes responsibility for the protection of the equipment allowing him/her to access myUpcyclea®, upcyclea.cloud and the Services.
Upcyclea is not responsible for damage caused to the User’s equipment and/or Data via the Internet or through other means that do not depend on Upcyclea or are beyond its control.
7. Quality of services
Upcyclea undertakes to make every effort to ensure that the User has access to and uses the functions of myUpcyclea® and the passport library available in upcyclea.cloud in accordance with the provisions of these General Conditions. Upcyclea strives, as far as possible, to ensure that the User has access to myUpcyclea® and the Services at all times, as well as a reasonable level of operation and availability of myUpcyclea® and the Services.
The User is aware of the technical hazards inherent in the Internet, and of the access interruptions that may result. Consequently, Upcyclea will not be held responsible for any unavailability or slowdown of myUpcyclea® or upcyclea.cloud if these are related to problems of access to the Internet by the User or any other problem preventing normal access to the Internet by the Customer.
Upcyclea does not provide any warranty, express or implied, to the User, regarding the quality and compatibility of myUpcyclea® and upcyclea.cloud to the User’s uses, equipment and software. In particular, Upcyclea does not warrant that myUpcyclea® and upcyclea.cloud will meet the User’s needs, that the use of myUpcyclea® and upcyclea.cloud will be uninterrupted or error-free, or that the information provided by Upcyclea via myUpcyclea® or upcyclea.cloud is accurate or complete.
myUpcyclea® and/or upcyclea.cloud may be occasionally suspended due to maintenance, updates or technical developments, decided by Upcyclea.
myUpcyclea® and upcyclea.cloud are provided on an “as is” basis, and are accessible without any guarantee of availability or regularity. Nevertheless, Upcyclea strives to make the Services accessible and functional at all times, except in cases of force majeure or an event beyond the control of Upcyclea, without fault on its part, and subject to maintenance periods, possible breakdowns, technical hazards related to the operation of the Internet network or acts of malice, or damage to hardware or software Upcyclea.
8. Maintenance and support
Upcyclea takes charge of and plans, in a discretionary manner, the maintenance, updates, improvements and evolutions of myUpcyclea® and upcyclea.cloud, of which the User will be informed at least two (2) working days before the beginning of the operation.
Upcyclea shall endeavor to correct as soon as possible any malfunctions affecting myUpcyclea® or upcyclea.cloud, and to make any improvements it deems useful. Nevertheless, Upcyclea does not provide any guarantee, express or implied, as to the absence of Malfunctions, for whatever reason, nor as to the resolution of these Malfunctions, and shall not be held responsible for the consequences resulting from these Malfunctions.
A chat support service is available directly on myUpcyclea®, during CET business hours, Monday through Friday. Malfunctions can be reported to Upcyclea via this interface or by e-mail to: email@example.com.
For maintenance purposes, Upcyclea may access Users’ accounts, which the User accepts. Upcyclea undertakes not to modify, delete, add Data or Contributions to the accounts it accesses, except with the explicit and prior agreement of the User.
9. License to Use
Subject to the provisions of these General Terms and Conditions, Upcyclea grants the User a personal, non-exclusive, non-assignable and non-transferable right to use myUpcyclea® and upcyclea.cloud, for the entire duration of these General Terms and Conditions and for the entire world, for its internal needs, to the exclusion of any other purpose (in particular commercial).
The right of use means the right to use myUpcyclea® and upcyclea.cloud in accordance with its intended purpose.
The Administrator is authorized to create User accounts for members of his organization but he is also authorized to create User accounts for partners outside his organization.
10. Protection of Personal Data
10.1. Obligations of Upcyclea as a data controller
Upcyclea protects the Personal Data of its Users and treats them as confidential information.
In the context of the provision of myUpcyclea® and upcyclea.cloud, in particular in the event of technical assistance to the User, Upcyclea may have access to the User’s Data, including Personal Data. This Personal Data may also be necessary for Upcyclea for billing purposes.
Thus, Upcyclea needs the following Personal Data: First name, Last name, Telephone, E-mail, Name of the organization in order to create an account for the User. For the technical operation of myUpcyclea® and upcyclea.cloud, as dematerialized platforms, Upcyclea is also required to process connection data relating to Users.
The Personal Data requested by Upcyclea are necessary for the provision of myUpcyclea® and upcyclea.cloud, and failure to provide the required Personal Data may block all or part of the provision of the Services.
This personal data is processed on the legal basis of these General Conditions, to which the User is a party.
For the processing of Personal Data identified in this Article 10.2, the controller is Upcyclea, as identified in the preamble of these Terms and Conditions entitled “Presentation of Services”.
Upcyclea may be contacted for any request or complaint regarding Personal Data at firstname.lastname@example.org.
Users’ personal data are kept by Upcyclea for the time necessary to achieve the purposes for which they were collected. At most, subject to the needs of archiving or conservation justified by legal or regulatory provisions, this duration will not exceed 2 months from the deletion of the User account.
Access to Users’ Personal Data is limited to Upcyclea’s authorized personnel or to its duly authorized service providers, who need to know about it in the course of their duties.
They may also be communicated to the competent authorities, for purposes of prevention and detection of offences or fraud when required by law, or to meet any legal obligation to which Upcyclea would be subject, as well as to Upcyclea’s professional advisers subject to an obligation of confidentiality.
Upcyclea implements the technical and organizational measures necessary for the security and confidentiality of Users’ Personal Data, and to prevent them from being distorted, damaged or communicated to unauthorized third parties.
However, Upcyclea cannot guarantee the confidentiality or deletion of Personal Data made public or disclosed by the User. The User remains responsible for access to his User account: he is invited not to communicate his Identifiers to unauthorized third parties, and to immediately notify Upcyclea in case of doubt about an access or an unauthorized use of his Identifiers.
Under the conditions set forth in the GDPR and the applicable legislation, and in accordance with the terms and conditions set forth in these General Terms and Conditions, the User has the following rights with respect to his/her Personal Data:
Right of access and rectification,
Right to erasure,
Right to withdraw consent at any time,
Right to limit the processing of Personal Data,
Right to object to the processing of Personal Data,
Right to the portability of Personal Data, when such data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
Right to define the fate of the data of the Users after their death and to choose to whom Upcyclea will have to communicate (or not) their data to a third party that they will have previously designated
For more information on his rights, the User is invited to consult Chapter III “Rights of the data subject” of the GDPR.
To exercise his rights, the User can send a message to email@example.com. The User may be asked, if necessary, to provide proof of identity, which will be kept for the time necessary to verify the User’s identity.
If Upcyclea is unable to grant the User’s request, it will set out the reasons for refusal or the applicable restrictions.
The User may file a complaint with the competent control authority, in France the CNIL (https://www.cnil.fr/fr/plaintes).
10.2. Obligations of the User as a data controller
Regarding the entry of Personal Data by the User in myUpcyclea® and upcyclea.cloud, as well as any collection of Personal Data by the User for its own purposes, the User warrants to Upcyclea that he has complied with all obligations incumbent upon him under the Act of January 6, 1978 known as “Informatique & Libertés” and the RGPD and allowing him to enter such Personal Data in myUpcyclea® and upcyclea.cloud. For these processing of Personal Data, the User is considered as the data controller.
As such, the User undertakes, without limitation, to have a valid legal basis for communicating Personal Data (for example: the consent of the data subject), to have properly informed the data subjects, to have the necessary internal documentation under the GDPR, and more generally to comply with the principles resulting from the GDPR and allowing the processing of Personal Data when using myUpcyclea® and upcyclea.cloud.
Under this Article 10.2, the User guarantees Upcyclea against any recourse, complaint or claim from a natural person whose Personal Data would be reproduced and hosted via myUpcyclea® or upcyclea.cloud.
The User is solely responsible for the quality, legality and relevance of the Data and content he/she enters in myUpcyclea® and in upcyclea.cloud. The user also guarantees that he/she has the necessary rights and authorizations to use the Data and contents. Consequently and subject to Article 10.1 above, Upcyclea shall not be held liable in the event of non-compliance by the User with the laws and regulations applicable to such Data and content.
11. Security/Data Protection
Each of the Parties undertakes to implement the appropriate technical means to ensure the security of the Data.
Subject to the Article “Liability”, Upcyclea undertakes to preserve the integrity and confidentiality of the Data contained in myUpcyclea® and upcyclea.cloud, and processed during the execution of the Services. Upcyclea implements technical and organizational measures to prevent any fraudulent access to or use of the Data and to prevent any loss, alteration or destruction of the Data.
12. Intellectual Property
12.1. User Data
The User may be required to provide Data in the course of using the Services in a professional capacity. The User guarantees Upcyclea that he/she has the necessary authorizations or rights to communicate the Data when using the Services. Thus, the registration of Data in myUpcyclea® and upcyclea.cloud is done under its responsibility.
Consequently, Upcyclea shall not be held responsible for the misleading or illicit nature of the Data or their posting by a User, and reserves the right to withdraw any Data that does not comply with these General Conditions and/or French legislation in force.
Each User grants Upcyclea, within the framework of the needs of functioning, normal operation and improvement of myUpcyclea® and upcyclea.cloud, a license for the rights of representation, reproduction, adaptation of all or part of the Data, on all media and all formats and by all means or processes, both known and unknown to this day
This license is granted on an exclusive basis and without financial consideration, for the entire world and for the entire duration of the protection of the Data by the intellectual property rights that apply to it.
12.2. Rights held by Upcyclea
Upcyclea is and remains the owner of the property rights relating to any element of myUpcyclea® and upcyclea.cloud made available to the User, as well as, more generally, the IT infrastructure (software and hardware) implemented or developed under these General Conditions.
Upcyclea provides the User with resources and content of any kind that may include, but is not limited to:
Graphics, data, logos, photographs, texts, files, sounds, videos, animations, interfaces, databases, etc.
The trademarks or other distinctive signs belonging to Upcyclea,
(together the “Upcyclea Content”).
Upcyclea Content is published by Upcyclea and is the exclusive property of Upcyclea or its respective owners who have authorized Upcyclea to use it. These Terms and Conditions shall not be construed as a transfer of intellectual property rights to myUpcyclea®, upcyclea.cloud, the Services, and their components.
Except to benefit strictly from the Services in accordance with these General Terms, Upcyclea Content may not be used by the User without the prior written consent of Upcyclea. In this respect, the User is prohibited from adapting, arranging, modifying, correcting, associating, translating into any language or languages, placing on the market, whether free of charge or for a fee, or marketing all or part of the Services or any of the elements that make them up, regardless of the means or medium.
Upcyclea is only bound by an obligation of means in the performance of all its obligations, which presupposes the demonstration of the existence of a fault on its part in order to incur liability.
Each Party shall be liable for the consequences of its own faults, errors or omissions, as well as for the faults, errors or omissions of its subcontractors, if any, which cause direct damage to the other Party.
In addition, and in case of proven fault by the User, Upcyclea shall only be liable for the financial consequences of direct and foreseeable damage due to the execution of these General Conditions. Consequently, Upcyclea shall not under any circumstances incur any liability for indirect or unforeseeable loss or damage to the User or third parties.
To the extent permitted by applicable law, the amount of Upcyclea’s liability is strictly limited to the reimbursement of the amount of sums actually paid by the Customer on the date of occurrence of the event giving rise to liability, per day of interruption on the average consumption of the last twelve (12) months. Since deletion is part of Upcyclea’s functionality, Upcyclea shall not be held responsible for the accidental deletion of one or more Data by the User.
14. Force majeure
Neither Party shall be liable for any breach of its obligations under the Agreement if such breach results from an event of force majeure such as, but not limited to: a governmental decision, including any withdrawal or suspension of authorizations of any kind, a total or partial strike, internal or external to the company, a fire, a natural disaster, a state of war, a total or partial interruption or blockage of the telecommunications or electrical networks, an act of computer hacking or more generally any other event of force majeure having the characteristics defined by case law.
The Party noting the event shall without delay inform the other Party of its inability to perform its service.
Suspension of obligations or delay shall in no event be cause for liability for non-performance of the obligation in question, nor shall it result in the payment of damages or penalties for delay.
The User may at any time request the Administrator of myUpcyclea® and upcyclea.cloud to close his account.
The Customer User can at any time ask to close his account by writing to firstname.lastname@example.org.
In the event of termination, any User may request the recovery of his/her Data. Upcyclea will respond to this request within a maximum of two (2) months. In the absence of request, any element of the account, including the Identifiers and Data, may be deleted by Upcyclea.
In case of breach by the User of Articles 3 (“Effect and duration”), 4 (“Description of Services”), 5 (“Network and access”), 6 (“Securing access to myUpcyclea®”), 7 (“Quality of Services”), 9 (“User license”), 10 (“Protection of personal data”), 11 (“Security / data protection”), 12 (“Intellectual property”), 13 (“Liability”), 14 (“Force majeure”), 19 (“Applicable law”) of these General Terms and Conditions, Upcyclea reserves the right, without compensation, and without prejudice to other remedies of any kind, to suspend the provision of all or part of the Services, and/or to consider these General Terms and Conditions as terminated by operation of law by the sole fact of non-performance, without the need for prior unsuccessful formal notice. The User will be informed by email if necessary.
Upcyclea may terminate these General Terms and Conditions in case of lack of use of the Services and/or myUpcyclea® and/or upcyclea.cloud for more than one year.
16. Partial invalidity
The nullity, lapse, lack of binding force or unenforceability of one or any of the provisions of the Contract shall not entail the nullity, lapse, lack of binding force or unenforceability of the other provisions, which shall retain all their effects. However, the Parties may, by mutual agreement, agree to replace the invalidated provision(s).
The failure of a Party to insist at any time on full performance of any or all of the provisions of these Terms and Conditions shall not affect the right of such Party to rely thereon at a later time.
18. Convention on Evidence
The document reproducing the General Conditions is stored on a durable medium in the form of an image under conditions of security usually recognized as reliable. The User may at any time make an electronic backup or a paper printout of the General Conditions. As such, these Terms and Conditions are considered proof of an agreement between the User and Upcyclea. The User acknowledges that the probative value of this document cannot be called into question by the mere fact of its form, notably electronic.
19. Applicable law
The Contract is subject to French law. The parties shall endeavor to resolve any dispute that may arise from the performance of the Contract amicably. In the absence of an amicable agreement, the dispute will be brought before the courts of the jurisdiction of the Court of Appeal of Paris, to the exclusion of any other legislation.
If the Agreement is written in more than one language or translated, only the French version shall be binding.