UPERIA Platform General Terms and Conditions of Use

Any access to, registration on and/or use of the UPERIA Platform is subject to compliance with these General Terms and Conditions of Use, and in particular the Privacy Policy set out in Article 7 below, which forms an integral part of these terms and conditions. Anyone who wishes to access the site must first have familiarised themselves with these General Terms and Conditions of Use. They undertake to comply with all the terms and conditions in full, without restriction or reservation. As a consequence, any connection to the UPERIA Platform implies acceptance of all the conditions set out below.

Anyone who does not wish to be legally bound by these terms and conditions should refrain from using the UPERIA Platform.

These General Terms and Conditions of Use are aimed at consumers, non-professionals and/or professionals as defined in the preliminary article of the French Consumer Code. However, the protection granted in this legislation is only available to consumers, unless otherwise stipulated in said Code.

Article 1. Definitions

The terms written with a capital letter below must be understood throughout these General Terms and Conditions of Use according to the definition set out in this article.

General Terms and Conditions of Use: means these general terms and conditions of use, which are intended to describe:

  • on the one hand, the terms and conditions under which the Owner provides access to the UPERIA Platform and offers technical resources to Publishers to provide assessments and advice to Users;
  • and on the other, the terms under which any internet user, regardless of whether they are a Visitor, User, Publisher or Partner, accesses the UPERIA Platform and uses the services offered.

Content: means content of any kind, hosted on the UPERIA Platform – including advice, assessments, images and videos – which may be provided by the Owner or Publishers, Users and/or Partners.
Publisher: means any natural person or legal entity registered with the UPERIA Platform, who creates, disseminates and/or distributes assessments and advice in their area of expertise. All Publishers are responsible for the Content they create, disseminate and/or distribute, and in particular, for the quality of advice and assessments provided, and must, among other things, comply with the legislation on the data entered, as a data controller.
Processor: means any natural person or legal entity, other than a Publisher, who is responsible or jointly responsible for the processing of personal data. This will generally but not necessarily be the Partner or principal of a Publisher.
Platform Owner: means the company Digital Legal Solutions, 2000, route des Lucioles, Thalès B, Sophia-Antipolis 06410 Biot, a French SAS with capital of €1,000, Antibes Trade & Companies Register 824 767 313 – which publishes the UPERIA Platform and among other things, makes technical resources available to Publishers and Processors to create, disseminate and/or distribute assessments and advice to Users for data exploitation purposes, via the UPERIA Platform. The Owner also owns the Platform’s domain name.
Technical hosting provider: means the company OVH, 2 rue Kellermann – 59100 Roubaix – France, a French SAS with capital of €10,069,020, Lille Métropole Trade & Companies Register 424 761 419 00045 https://www.ovh.com/, which is responsible for the technical hosting of the data required for the operation of the UPERIA Platform.
Registrant: means the Users, Publishers, Partners and Processors registered on the UPERIA Platform.
Partner: means any legal entity or natural person that has entered into a partnership with the UPERIA Platform and/or a Publisher and/or a Processor in order to use the assessments and/or User data, in accordance with Article 7 of these General Terms and Conditions of Use.
UPERIA Platform or the Platform: a platform designed to link Registrants to each other and offering questionnaire, quiz and assessment creation, management and viewing services to Users seeking advice and/or expertise in a range of fields, including but not limited to legal, marketing and financial matters, accessible at the following URL:
https://app.uperia.tech
Publication: means exclusively the Content published on the Platform by Users, Publishers, Processors or Partners, particularly questionnaires, quizzes, assessments and the associated reports.
User: means any legal entity or natural person using the UPERIA Platform to access the assessments and advice made available by the Publishers.
Visitor: means any legal entity or natural person visiting the UPERIA Platform at the following URL: https://uperia.tech

Article 2. Purpose

With regard to the services provided by the Owner of the UPERIA Platform, the latter provides an internet platform used to create, manage and administer questionnaires, quizzes and self-assessments, and view and analyse User responses using the tools provided.

Article 3. Intellectual property

Owner of the UPERIA Platform

The Owner declares that it is the exclusive holder of the intellectual property rights associated with the UPERIA Platform and in particular, the trademarks, software and products on said Platform.
Users, Publishers, Processors and Partners acknowledge that the use of the UPERIA Platform does not grant them any right of ownership to the Platform and that the Owner only grants each of them a temporary right of enjoyment, which is strictly limited to the use of the UPERIA Platform and the services made available on it.
Any reproduction, modification, alteration or representation of the UPERIA Platform is strictly prohibited without the Owner’s express prior agreement in writing.
Any breach of this stipulation shall constitute a serous breach by the User / Publisher / Processor / Partner concerned of its obligations and may, as such, result in the immediate termination, without a formal notice to remedy or advance warning, of the General Terms and Conditions of Use, without prejudice to any actions the Owner may be entitled to take to secure compensation for the harm suffered.
The French trademark UPERIA no. 4354832 has been registered by the Owner. Any full or partial representation and/or reproduction and/or use of this trademark, of any kind whatsoever, is entirely prohibited.

Ownership of Content published by Registrants

The Owner neither owns nor is responsible for the Content hosted on the UPERIA platform and made available through it by Publishers, Users, Partners and/or Processors.
As a consequence, all Registrants shall be personally liable for the Content they produce and they undertake to hold the Owner harmless from any legal action that may be taken against it in the event of infringement of the intellectual property rights of a third party by a Registrant.

Article 4. Access to the UPERIA Platform

In principle, the UPERIA Platform is available 24/7, subject to any breakdowns and scheduled or unscheduled interruptions for maintenance purposes, required for the smooth running of the UPERIA Platform and the services made available, except in the case of force majeure.
The Owner shall use all reasonable means available to it to ensure high-quality access for Registrants. However, it shall not be bound by an obligation to achieve a specific result. It does not in any way guarantee the perfect availability of the UPERIA Platform and/or its services or the total reliability of transmissions and performance in terms of response time or quality.
The Owner does not provide any technical support to Registrants, either by electronic means or by phone.
The Owner reserves the right, without prior notice, to exclude or refuse access to any Registrant who fails to comply with these General Terms and Conditions of Use, in particular the Privacy Policy set out in Article 7 below.

Article 5. Hypertext links

The UPERIA Platform may contain hypertext links to other sites, not published by the Owner but published or suggested by third parties. Following links to external sites will take the Registrant, User or Visitor away from the UPERIA Platform and the Owner evidently cannot be held liable, notably for the content of the sites to which these links relate.
The Owner authorises the creation of links to the UPERIA Platform home page without any prior formalities.
The Owner authorises the creation of links to questionnaires, quizzes and reports.
The Owner reserves the right to request the removal of a link it deems not to reflect the purpose of the UPERIA Platform.

Article 6. Rules of conduct

All Registrants undertake to use the UPERIA Platform in accordance with these General Terms and Conditions of Use, in particular the Privacy Policy sent out in Article 7 below. As a result, all Registrants on the UPERIA Platform are responsible for their Content and the use they make of the Platform Content.
The Owner notes that it is strictly prohibited to commit any form of cyber-crime, included but not limited to breaches of confidentiality, integrity and availability of access of the UPERIA Platform’s content, data and computer systems. As a consequence, all Registrants undertake not to attempt to access the Platform without authorisation or to gather data stored on the Platform, its servers or associated computers by any means other than those made available by the UPERIA Platform.
Furthermore, all Registrants undertake to comply with these General Terms and Conditions of Use and legal provisions, and in particular not to intentionally carry out operations that may result in the following actions, including but not limited to:

  • Obtaining the password of another Registrant;
  • Usurping another person’s identity;
  • Accessing information belonging to other Registrants and in particular, information belonging to other Users without their authorisation, or amending or destroying said information;
  • Attempting to log in to an account without authorisation;
  • Allowing someone to use their user name and/or password;
  • Rendering the server or network inactive, overloading or otherwise causing it to deteriorate.

All Registrants formally undertake to comply with the laws and regulations in effect and therefore, in particular but not limited to:

  • not to make statements that could constitute a criminal offence or infringe the personal rights of another person (infringing their human dignity or privacy; statements that are racist, anti-Semitic, xenophobic, homophobic, revisionist, pornographic, paedophilic or relating to child pornography; statements that could incite or condone criminal behaviour, violence, terrorism, suicide, the use, production or distribution of illicit substances, defamatory or offensive statements, etc.
  • not to infringe the intellectual property rights of third parties or individuals’ image rights;
  • not to intentionally publish false, inaccurate or misleading Content;
  • to comply with laws and regulations on money laundering and terrorist financing.

Should a Registrant fail to comply with one of the aforementioned rules, the Owner reserves the right to block its access to any or all of the Platform either permanently or temporarily, without any compensation or requirement to notify the Registrant in breach.
The Owner also reserves the right to remove any reference or comment in the event of a breach of the applicable law, and in the case of a third-party complaint.

Article 7. Privacy policy

Data collected by the Owner for access to the Platform

The Owner is a data controller only for the data it collects directly and for the purpose of access to the Platform.

Any request by the Owner to transmit personal data is justified by the strict necessity of processing said data, solely for the proper provision of the services offered on the Platform or in order to comply with the statutory obligations incumbent on it. The Owner undertakes not to use said data for marketing purposes, except with the express consent of the person whose data are being processed.
All Registrants on the platform are hereby informed that they have a right of access, rectification, modification and erasure of the personal data concerning them collected by the Owner, provided that they are a natural person, in accordance with the provisions of articles 39 and 40 of the French Data Protection Act no. 78-17 of 6 January 1978. This right may be exercised by contacting the Owner at the email address contact@uperia.tech, explaining the reason for the request.
Pursuant to the General Data Protection Regulation, any Registrant on the Platform has a right of access, rectification, erasure, limitation of processing and data portability and to determine what will happen to their data after their death; these rights may be exercised by contacting the Owner by e-mail at the following address: contact@uperia.tech, accompanied by a signed identity document.

The Owner only communicates personal data to defined, authorised recipients.
The Owner only retains personal data for the period required for the purposes for which they were collected and in accordance with the legislation in effect.
The Owner ensures the security of personal data by implementing data protection measures, supported by the use of physical and logical security resources.
Any Registrant may contact contact@uperia.tech for any requests relating to the personal data protection policy implemented by the Owner.

The Owner hereby informs Registrants that it may record anonymous statistical data on the use of the Platform, solely for the purpose of improving its services.
All Registrants undertake not to breach the confidentiality and security of personal data concerning other Registrants on the Platform.

All Registrants undertake not to collect any information on other Registrants whatsoever, including their e-mail addresses, without their express, prior consent.
Without prejudice to the previous provisions, all Registrants expressly grant the Owner a right to use and communicate their identity data (company name, logos and trademarks) for the strictly limited purpose of listing Registrants on the Platform.

The Owner reserves the right to transfer the data it collects to Partners or third parties and to make commercial use of said data, subject to obtaining the prior consent of Registrants whose data are processed.

Data collected by Registrants, in particular by Publishers and/or Processors

All Registrants, and in particular Publishers and/or Processors, who make Content available to Users, are responsible for their processing of the personal data they collect.
All Registrants who collect personal data must, as a result, personally comply with the applicable personal data protection rules, and in particular, the French Data Protection Act no. 78-17 of 6 January 1978 and the European Regulation no. 2016/679 of the European Parliament and of the Council of 27 April 2016 currently in effect.
All Registrants must also put in place arrangements allowing natural persons to exercise their digital rights.
In the event of a partnership between a Publisher and a Partner or Processor, the Publishers must inform the persons whose data are processed and obtain their consent, prior to transferring data to their Partner or the Processor.
Finally, Publishers, Partners and Processors may make commercial use of the data they process, or which are transferred to them by the Owner, provided they inform the Users in advance, in order to obtain their consent, and comply with the legislation in effect (GDPR).

Article 8. Use of the UPERIA Platform

The Owner makes various services available to Registrants on the Platform and in particular, self-assessment questionnaires and the reports and recommendations derived from them proposed by Publishers.
The Platform is made available to Publishers, Partners and/or Processors for a fee and to Users free of charge, subject to compliance with these General Terms and Conditions of Use.
Access to the services on the Platform may be dependent on the Registrant providing personal information (identification, turnover, e-mail address, telephone number, average workforce, etc.). This information is necessary in order to provide a high-quality service. As a consequence, the Registrant undertakes to provide accurate and truthful information.
The Registrant shall bear all the risks associated with the provision of inaccurate information, the Owner reserving the right to terminate the services in accordance with these General Terms and Conditions of Use and to block access to the Platform for the Registrant who has communicated said information.
In the context of the services offered to Users by Publishers and/or Processors, the recommendations and information that they provide constitute general and initial advice provided solely on the basis of the information supplied by the User and in all circumstances, require that the User contact the Publisher and/or Processor to obtain more detailed advice from its staff.

Article 9. Limitation of liability of the Owner and Publishers

The Owner is not responsible in any way for the relationship between a Publisher and/or Processor and a User. In particular, the Owner declines any liability in the case of harm resulting from the use of the documents and information made available on the Platform.
Moreover, while each Publisher and/or Processor may make documentation and information available to Users, the use of said documentation and information is the Users’ sole responsibility.
The information available on the Platform is used solely and entirely under the responsibility of the User, who shall assume the consequences arising therefrom; the Owner may not be held liable in this respect and no action may be taken against it.
The Owner may not under any circumstances be held liable for any harm of any kind whatsoever, which may result from the interpretation or use of the information or Content available on the Platform via the Publications of other Registrants.

Moreover, the Owner cannot guarantee to the User the truthfulness, completeness, exhaustiveness or accuracy of the comments of other Users disseminated via the Platform.
Furthermore, the existence of a link on the Platform to other sites on the internet does not imply any endorsement of these sites or their content. The Owner has not checked the extent to which said content is up to date, accurate or exhaustive. As a consequence, the Owner strongly recommends that all Registrants verify the accuracy and relevance of this information. In this respect, the Owner expressly declines any liability concerning said third-party sites.
The Owner cannot be held liable for any dissemination by the Registrants of unlawful Content as defined in the legislation in effect, unless it has been duly informed and has not acted promptly to withdraw it.
Insofar as it is subject to an obligation to use its best endeavours, the Owner cannot be held liable for any harm that may result for any Registrant or a third party from the unavailability of the Platform, regardless of the nature thereof and/or the services offered.
The Owner cannot be held liable for any malfunctioning of the network or servers or any other event outside its reasonable control, which may prevent or have a negative effect on access.

Article 10. Liability of Registrants

All Registrants are responsible for the correct operation of all the hardware and software required for access to and use of the Platform and for their internet access.
All Registrants must take all the necessary preventive measures to protect their data, software and/or computer systems to provide protection from contamination by possible viruses.
All Registrants are solely responsible for the use of the data they view, search and transfer through the Platform.
Access to the Content published on the Platform is the responsibility of each Registrant; as a result, the Owner cannot be held liable for any damage or loss of data that may result from downloading or using the Content disseminated on the UPERIA Platform.

Registrants are solely responsible for their use of the Content published through the UPERIA Platform. Only the Registrant concerned may be held liable for the deeds or actions taken by said Registrant in response to said information.
Each Registrant has sole liability in respect of the Owner and third parties, for any direct or indirect damage caused by any information of any kind, communicated, transmitted or published by the Registrant through the Platform and for any breach of these General Terms and Conditions of Use.

Article 11. Modification of terms and conditions of use

The Owner reserves the right to modify these General Terms and Conditions of Use, without prior notice, at any time, to adapt them to changes on the Platform and/or its operation. However, it guarantees each Registrant compliance with the provisions of the French Data Protection Act no. 78-17 of 6 January 1978 and European Regulation no. 2016/679 of the European Parliament and of the Council of 27 April 2016 currently in effect.
The date of the update will be included. All Registrants are therefore invited to check the latest updated version of the General Terms and Conditions of Use on a regular basis. Any access to or use of the Platform implies acceptance of the changes made.
The parties expressly state that they waive any right to a cooling-off period as defined in Article 1122 of the French Civil Code, these General Terms and Conditions of Use being applicable from acceptance.

Article 12. Notifications

Unless expressly stated to the contrary, any question relating to the General Terms and Conditions of Use and any other notification sent to the Owner must be sent by e-mail to the following address: contact@uperia.tech.
Any notification for any Registrant will be sent, in principle, by e-mail to the address communicated to the Owner at the point of registration, hence the need to provide a valid e-mail address.

Article 13. Applicable law

The UPERIA Platform and these General Terms and Conditions of Use are governed by French law, regardless of where it is used.
All Registrants recognise the authority of the courts within the jurisdiction of the Paris Court of Appeal, including in the case of emergency or ex parte proceedings or multiple defendants, for any dispute relating to the interpretation, validity, performance or non-performance of these General Terms and Conditions of Use, and/or any grievance related to the operation of the Platform, following the failure of any attempt to seek an amicable resolution, except for those Registrants who fall within the category of consumers as defined in the preliminary article of the French Consumer Code.

Latest update: 06/09/2018