General Terms and Conditions of Use
PREAMBLE
SAS ALL IN BOX, a simplified joint-stock company with a share capital of €2,667.40, whose registered office is located at Parc des Varimonts, 10 avenue de Thionville, 57140 WOIPPY, France, registered with the Metz Trade and Companies Register under number 838 227 908, represented by Mr Barthélemy JEANROCH, acting as Deputy Managing Director, duly authorised for the purposes hereof, hereinafter referred to as "All in Box".
All in Box publishes and operates a SaaS platform for data collection, analysis and communication, accessible via web browser and mobile application (hereinafter the "Platform").
The Platform is made available to legal entities (the "Clients") under a separate contract governed by All in Box's Terms and Conditions of Sale (hereinafter the "T&Cs"). Each Client may authorise one or more natural persons within its organisation to access the Platform through an individual account (the "Users").
These General Terms and Conditions of Use (hereinafter the "User Terms") define the conditions under which each User may access and use the Platform.
ARTICLE 1 — DEFINITIONS
The following terms, when capitalised, have the following meaning:
"Platform": the All in Box SaaS software solution accessible via web browser or mobile application.
"Client": the legal entity that has subscribed to the Platform under the T&Cs and that authorises the User.
"User": the natural person with individual access to the Platform through the Client's Account.
"User Account": the individual identifier and settings associated with a User, created within the Client's Account.
"T&Cs": All in Box's Terms and Conditions of Sale, governing the relationship between All in Box and the Client.
ARTICLE 2 — ACCEPTANCE OF THE USER TERMS
The User's access to and use of the Platform are subject to the prior and unreserved acceptance of these User Terms.
Acceptance takes place upon the User's first connection to the Platform, by ticking the acceptance box provided for this purpose. Without acceptance, access to the Platform is not authorised.
The User acknowledges having read these User Terms prior to accepting them and having the legal capacity to accept them.
ARTICLE 3 — ACCESS TO THE PLATFORM
3.1 Creation of the User Account
The User Account is created at the Client's initiative, and the Client alone determines the associated rights and authorisations. All in Box plays no part in the decision to grant or withdraw access.
Upon creation of their User Account, the User receives strictly personal login credentials.
3.2 Confidentiality of credentials
The User's login credentials are strictly personal and must under no circumstances be disclosed to any third party, whether a colleague, a relative or any other person.
The User undertakes to keep their credentials confidential. Any operation carried out from the User Account is deemed to have been carried out by the User holding the credentials.
In the event of loss, theft or compromise of their credentials, the User shall inform their Client and All in Box without delay so that appropriate measures can be taken (reset, temporary suspension, etc.).
ARTICLE 4 — USER OBLIGATIONS
The User undertakes to use the Platform in accordance with its intended purpose, the instructions of the Client authorising them, these User Terms and applicable laws and regulations.
In particular, the User undertakes to:
- Use the Platform solely within the scope of the assignment entrusted to them by the Client, to the exclusion of any personal use or commercial use on their own behalf or on behalf of a third party;
- Comply with the rules applicable to commercial prospecting, in particular those arising from the French Postal and Electronic Communications Code, the French Consumer Code and Regulation (EU) 2016/679 ("GDPR");
- Not access, attempt to access or use features for which they are not authorised;
- Not extract, copy, export or disseminate all or part of the data accessible via the Platform for purposes unrelated to the assignment entrusted to them;
- Not use the Platform for unlawful purposes, in particular to disseminate content that is insulting, defamatory, infringing, discriminatory, pornographic in nature, or that infringes the rights of third parties;
- Inform their Client and All in Box without delay of any operating anomaly, security breach or suspicious use they may become aware of.
ARTICLE 5 — PROHIBITED BEHAVIOUR
Notwithstanding the obligations set out in Article 4, the User expressly refrains from:
- Attempting to circumvent the Platform's security, authentication or access-control measures;
- Introducing or attempting to introduce into the Platform any virus, malicious code, unauthorised automated script, bot, scraper or equivalent tool;
- Decompiling, reverse-engineering, disassembling or carrying out any similar operation on the Platform, except in cases strictly authorised by law;
- Using the Platform to carry out load tests, stress-test operations or unauthorised security audits;
- Copying, reproducing, modifying or creating derivative works of the Platform or its content;
- Sharing their User Account with a third party, or assigning, lending or monetising their credentials.
ARTICLE 6 — USER PERSONAL DATA
For the purposes of managing access to the Platform, All in Box collects and processes, as data controller, the User's personal data strictly necessary for the creation and management of their User Account: surname, first name, business email address, login credentials, connection and activity logs.
This data is retained for the duration of the User Account's activity, plus the applicable statutory retention periods (in particular for evidentiary purposes). The User has the rights of access, rectification, erasure, objection, restriction and portability provided for by the GDPR, which they may exercise with All in Box's Data Protection Officer at dpo@allinbox.com.
Data processed via the Platform in the course of the Client's activity (data on the Client's visitors, prospects or customers) does not fall under this article and is governed by the T&Cs signed between All in Box and the Client, with the Client acting as data controller for such data.
ARTICLE 7 — SUSPENSION AND TERMINATION OF ACCESS
7.1 Suspension at the Client's initiative
The Client may, at any time and without notice or justification, suspend, restrict or delete the individual access rights it has granted to the User. All in Box implements the Client's decision without discussing its reasons.
7.2 Suspension at All in Box's initiative
All in Box may, at any time and without notice, suspend the User's access to the Platform in the event of a proven or suspected breach of these User Terms, in particular in the event of fraudulent use, a breach of Platform security or behaviour infringing the rights of third parties.
The suspension is notified to the User and their Client. It may, where applicable, lead to permanent removal of access and to the implementation by All in Box of appropriate actions (liability claim, filing of a complaint, etc.).
7.3 Effects of termination
Termination of access, whatever its cause, makes it impossible for the User to access the Platform. It does not affect the T&Cs binding All in Box to the Client.
ARTICLE 8 — INTELLECTUAL PROPERTY
The Platform, its components, its architecture, its interfaces and all content made available by All in Box are the exclusive property of All in Box or are licensed to it.
These User Terms do not entail any assignment of intellectual property rights to the User. The User has a mere personal, non-exclusive and non-transferable right to use the Platform, strictly limited to the duration and scope of the access granted to them by the Client.
ARTICLE 9 — LIABILITY
The User is solely liable, towards All in Box and their Client, for the actions carried out from their User Account, for breaches of these User Terms and for any harmful consequences that may result therefrom.
All in Box's liability under these User Terms may only be incurred for direct damage caused by its proven fault. The limitations of liability provided for in the T&Cs apply to these User Terms by reference.
ARTICLE 10 — AMENDMENT OF THE USER TERMS
All in Box reserves the right to amend these User Terms at any time. Amendments are notified to the User by any means, including by notification on the Platform upon connection. If the User does not accept them, access to the Platform may be suspended until the new User Terms are accepted.
ARTICLE 11 — GOVERNING LAW — JURISDICTION
These User Terms are governed by French law.
Any dispute relating to their formation, interpretation or performance which cannot be resolved amicably shall fall within the exclusive jurisdiction of the Commercial Court of Metz, notwithstanding multiple defendants or third-party claims, including for urgent and protective proceedings.