Bodyguard Terms of Use

The purpose of these General Terms of Use is to define the terms and conditions of access and use of the Solution by the Users made available by the company Bodyguard, a simplified joint stock company with a capital of 1243, 53 euros, whose registered office is located in 4-6 Chemin de l'Arénas, Immeuble Unity, 06200 Nice, registered with the Nice Trade and Companies Register under the number 840 708 382, (hereafter "Bodyguard"), as well as the rights and obligations of the Users in this context.

Unless stated otherwise, capitalized terms and interpretation provisions used in these Terms of Use shall be as provided for in the Terms of Service.

ARTICLE 1 – DESCRIPTION OF THE SOLUTION

Bodyguard has developed a software solution, designed to perform automatic moderation of the Content published by a visitor on the Client’s social media pages, Client’s platform, website and/or applications. The Solution analyses the Content transmitted by the Client (into the solution) in real-time to moderate it according to the parameters chosen by the Client and/or its’ Users on the Account.

ARTICLE 2 – ACCEPTANCE OF THE GENERAL TERMS OF USE

Access to the Solution is subject to the User's express and unreserved acceptance of the Terms of Use. The User must read and accept these Terms of Use attached or incorporated by reference in the General Terms of Service or accessible online when connecting to the Solution in order to be authorized to access and use the Solution and the Services. The User may read these Terms of Use by consulting them on the Website, and they shall be deemed accepted by the User who creates his/her Account, or accesses or uses the Solution. The User shall undertake to fully comply with these Terms of Use throughout the use of the Solution and the Services. Failure to accept the Terms of Use will make it impossible for the User to have access to and use the Solution.

If one of (or part of) the clauses of the Terms of Use is or becomes invalid, illegal, or unenforceable due to a change in legislation or regulations or declared as such by a final court decision, it shall be deemed deleted, but that shall not affect the validity and compliance with the other clauses of the Terms of Use.

ARTICLE 3 – ACCESS TO THE SOLUTION

3.1. Create an Account

Access to the Solution requires the creation of an Account. To do so, the User must have a valid email address. The User is invited to follow the Account creation procedures described in the Terms of Use.

Each User may access the Solution by logging in to the Solution, clicking on the "Login" button and entering his or her access codes (login and password) and accepting these Terms of Use.

From the Account, the User can manage the Content transmitted to Bodyguard for analysis and have access to the moderation dashboard and the Services as a whole.

3.2. Responsibility for connection parameters

Bodyguard may not be held liable in the event of delay or inability to access the Solution due to wrong or incomplete information given by the User during the creation of his or her Account. The User may at any time modify his or her personal information and password directly from the Account.

The access codes (login and password) of the User are personal and confidential to the User and the Client. The User must keep these access codes securely and agrees not to disclose them to third parties for any reason, in any manner and in any form whatsoever (unless required by law, rule or regulation, the Terms of Service and/or with the prior written consent of Bodyguard, not to be unreasonably withheld or delayed). The User also undertakes to ensure that at the end of each session of use of the Solution, the User logs out properly.

In the event of loss, forgetfulness or theft of his or her access codes, the User must change his or her password as soon as possible by clicking on the "Forgotten Password" button located under the login form. The User is then invited to create a new password.

Bodyguard shall not be liable for the loss, theft or oblivion of the User's access codes or their fraudulent use, only if such loss, theft or oblivion is solely due to the fault of the User/Client. The User is solely responsible for his or her access to the Solution with their access codes and their use.

3.3. Minimum system requirements

Bodyguard undertakes to implement all means necessary to allow the User’s reliable and rapid access to the Solution. Nevertheless, the User acknowledges the limits specific to any connection to an Internet network. The User is responsible for accessing the Solution in good technical conditions (including hardware, software, telecommunications), in the reasonable opinion of the User. All costs relating to accessing the Solution and its use, whether they be hardware, software or Internet access costs, are exclusively the responsibility of the User. The User is solely responsible for the proper functioning and appropriate security of his computer equipment and internet access, to the extent this can be reasonably controlled by the User.

3.4. Availability of the Solution

Subject to the Agreement, the Solution is accessible 24 hours a day, 7 days a week, subject to the occurrence of an emergency or an event beyond the reasonable control of Bodyguard and unless interrupted, suspended or limited in the context of maintenance operations and/or updates necessary for the proper functioning of the Solution.

Bodyguard reserves the possibility of interrupting, suspending or limiting access to all or parts of the Solution in particular because of legal or technical constraints as notified to the Client and/or User in writing, at least two (2) business days in advance, as far it is legally permissible to notify the Client and/or User accordingly.

The User expressly acknowledges that the aforementioned suspensions, interruptions or limitations may occur.

Article 4 - RESTRICTIONS

Subject to the Terms of Service, any violation of these Terms of Use authorizes Bodyguard to deny the User who is the author of the violation in question access to the Services provided on the Solution, as well as to close any User Account allowing access to the Services, without prejudice to any compensation that may be claimed from the author of the said violation by Bodyguard in the future.

In this regard, it is strictly forbidden to use the Solution and Services for the following purposes:

- Engaging in any illegal, fraudulent activities or deliberately and knowingly infringing the rights or safety of third parties,
- The breaching of public order or violation of laws and regulations in force,
- Intrusion into a third party's computer system or any activity results in harm, control, interference with, or interception of all or part of a third party's computer system, or violation of its integrity or security,
- The sending of unsolicited emails and/or canvassing or commercial solicitation,
- Aiding or abetting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
- And more generally any practice diverting the Solution and Services for purposes other than those for which they were designed.

The following is also strictly prohibited:

- Any behavior of such a nature as to interrupt, suspend, slow down or prevent the continuity of the Solution and Services,
- Any intrusion or attempted intrusion into Bodyguard’s systems,
- Any detour of system resources from the Solution,
- Any action likely to impose a disproportionate burden on the infrastructure of the Solution,
- Any deliberate breach of security and authentication measures,
- Any act that results in harm to the financial, commercial or moral rights and interests of Bodyguard, and
- And more generally any breach of these Terms of Use.

ARTICLE 5 – GUARANTEES

Bodyguard guarantees the confidentiality and security of the Content transmitted in the Solution. However, Bodyguard does not guarantee the accuracy, completeness, timeliness or other quality of the Content included by the User in the Solution.

The User is solely responsible for the integrity, accuracy and quality of the Content that he integrates into the Solution.

Unless as otherwise specified in the Terms of Service, Bodyguard makes no other express or implied warranties to the User, including, without limitation, as to the suitability for a particular use or adequacy of the Solution to the User's needs, or that it will function without failure or interruption at all times of the Term.

Subject to the Terms of Service, access to the Solution implies knowledge and acceptance of the characteristics and limitations of the Internet, in particular about technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent to any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by any viruses circulating on the network. Subject to the Terms of Service, Bodyguard does not guarantee that the Solution or its servers will at all times of the Term be free of Viruses or Vulnerabilities or any other component likely to cause damage. It is up to the User to take reasonable measures to protect the hardware, data, and/or software stored on its computer equipment against any damage.

ARTICLE 6 - LIABILITY

Access to and use of the Solution is the sole liability of the User.

Subject to the Terms of Service, no advice or information, whether oral or written, obtained by the User during the use of the Solution is likely to create guarantees not expressly provided for in the Terms of Use of Services.

ARTICLE 7 – LICENSE

BODYGUARD is concerned about the protection of Users’ data and is committed to protecting them by the applicable regulations and in particular Regulation (EU) No 2016/679 of 27 April 2016 known as the “General Data Protection Regulation” or “GDPR” and Law No. 78-17 of 6 January 1978 as amended, known as the “Data Protection and Freedom Law”.

To learn more about the rules for the protection of personal data, the User is invited to consult the Bodyguard Privacy Policy, available at the following address: https://www.bodyguard.ai/privacy-policy.

ARTICLE 11 – ACCESS RIGHTS

7.1. Scope of rights granted

Under the Terms of Service, Bodyguard hereby grants to each User who accepts it the License to use the Solution.

7.2. Restrictions of use

Bodyguard prohibits any User, without its written authorization, from carrying out one of the following operations:

- Make any copy of all or part of the software solutions composing the Solution;
- Reproduce permanently or temporarily the Solution made available, in whole or in part, by any means and in any form, including when loading, displaying, running or storing the software;
- Reverse engineer, decompile or disassemble the Solution, computer program(s) and software solution(s), except as expressly permitted by applicable law;
- Modify, alter, adapt or make any change of any nature whatsoever to the presentation and content of the Solution, a computer program(s) and software solution(s), brand name, trade name, logos, etc. affixed to the Solution, its presentation, or not to remove the identification and ownership mentions of the Solution, in particular, the names of the contributors;
- Translate, adapt, arrange or modify all or part of the Solution, export it, or merge it with other computer applications;
- Delete or alter as they may appear on the presentations or in the content of the Solution, a computer program(s) and software solution(s);
- To rent, lend, use the computer program(s) and software solution(s) to share them or make them available to third parties who are not clients, in the context of timesharing or contract processing centers; and
- Publish, except with the prior written consent of Bodyguard (not to be unreasonably withheld of delayed), any performance or evaluation test or analysis relating to the solution.

ARTICLE 8 - DURATION, SUSPENSION AND TERMINATION

The Terms of Use come into force as of their acceptance by the User and for the entire duration of access and use of the Solution by the User.

In the event of a breach by the User of the Terms of Use, or more generally in the event of a violation of the applicable laws and regulations, Bodyguard may subject always to the Terms of Service, suspend or terminate by operation of law, without prior notice or compensation, all or part of the User's access to the Solution and Services. Bodyguard may suspend or terminate such suspension or termination without prejudice to any other rights, actions and remedies that Bodyguard may have for compensating for any damages it may have suffered as a result of such breaches (subject always to the Terms of Service). Upon termination of the Terms of Use for any reason whatsoever, the User's access will be disabled.

ARTICLE 9 – ASSIGNMENT

A User cannot assign or transfer their rights and obligations under these Terms of Use, for any reason whatsoever, without the prior written consent of Bodyguard.

ARTICLE 10 – LITIGATION AND JURISDICTION

These Terms of Use of Use shall be governed by, construed and enforced by French law, irrespective of any conflict of rule.

Each Party irrevocably agrees that the courts of France shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms of Use or its subject matter, validity, formation or termination.