In the T&Cs, the terms identified below by a capital letter have the following meanings, whether they are used in the singular or plural:
- Customer: means any legal or natural person, professional registered in the Trade and Companies Register or any equivalent commercial register, who subscribes to the free version of the Platform or to a paid subscription to the Platform;
- User Account: refers to the personal space created by the User on the Platform, as described in article 3.1 below.
- Data: refers to all data collected, generated or processed through the Platform by the User.
- Personal Data: refers to Data which, within the meaning of the Regulation applicable to the protection of personal data, allows to designate or identify, directly or indirectly, a natural person.
- Platform: refers to the platform for selecting, organizing and monitoring tests, published by TANDEMZ and made available to the User via the Internet, on the Website.
- Regulation applicable to the protection of personal data: refers to any regulation applicable to the protection of personal data and in particular Regulation (EU) No. 2016/679 of the European Parliament and of the Council 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 Act."
- Services: refers to the panel selection, organization and monitoring services offered on the Platform.
- Site: refers to the website https://www.tandemz.io/ published by TANDEMZ and providing access to the Platform and the Services.
- User: refers to the Customer and/or any natural person designated by the Customer who accesses the Platform with a view to using the Services, regardless of its location and access conditions.
2. Accepting the T&Cs
The T&Cs constitute a contract between the User and TANDEMZ. Access to the Platform is subject to the User's express and unreserved acceptance of the T&Cs. Failure to accept the T&Cs will make it impossible for the User to access and use the Platform.
Acceptance of the T&Cs is made upon the User's first connection to the Platform, when creating their User Account under the conditions of article 3.1.
TANDEMZ reserves the right to modify and/or update the T&Cs, according to the technical evolution of the Platform or due to changes in legislation, at any time and without prior notice. The User will be informed of the new T&Cs the next time they log on to the Platform. Access to and use of the Platform shall be subject to the T&Cs in effect at the time of such access and use.
In the event that one of the clauses of the T&Cs is invalid due to a change in legislation or regulations or declared as such by a final court decision, this shall in no way affect the validity and compliance with the other clauses of the T&Cs.
3. Terms of access to the Platform
3.1. Creating a User Account
Access to the Platform requires the creation of a User Account. For this, the User must have a valid email address.
The User may create a User Account by clicking on the corresponding tab available on the home page of the Site, referring them to the Platform https://app.tandemz.io/ where they are invited to create an account.
The User is therefore invited to enter their name, first name, email address and password, company and telephone number.
The User is then invited to read the T&Cs and, if they accept them, to check the box and click on "Let's go" to finalize the creation of their User Account. By checking and clicking on this box, the User acknowledges that they have read the T&Cs, have understood them and fully accept all their provisions, without restriction or reservation.
The User then receives an email confirming the opening of the User Account, at the email address they have indicated.
Once on their User Account, the User can complete their personal information by filling in the information requested in the forms available on the User Account.
The User agrees to provide and maintain accurate, current and complete information about themselves. TANDEMZ cannot be held responsible for any delay or impossibility to access the Platform due to erroneous or incomplete information provided by the User when requesting the creation of a User Account. As such, the User may at any time change their personal information and password directly from their User Account.
The User's connection identifiers (username and password) are personal and confidential. The User must keep these connection identifiers in a secure manner and undertakes not to disclose them to third parties for any reason, in any way and in any form whatsoever. The User also undertakes to ensure that at the end of each session of use of the Platform, they log out properly.
If their authentication details are lost, forgotten or stolen, the User must change their password as soon as possible by clicking on the "Forgotten Password" button located under the login form. The User is then prompted to create a new password.
Under no circumstances can TANDEMZ be held responsible for losing, stealing or forgetting the User's authentication details or for their fraudulent use. The User is solely responsible for access and use of the Platform with their authentication details.
3.2. Minimum System Requirements
Access to the Platform requires that the User has computer hardware (PC, MAC, tablet or smartphone), a high-speed internet connection and a web browser.
All costs relating to access to the Platform and its use, whether they be hardware, software or internet access costs, shall be borne exclusively by the User. The User is solely responsible for the proper functioning and appropriate security of their computer equipment as well as their Internet access.
3.3. Availability of the Platform
The Platform is accessible 24 hours a day, 7 days a week, subject to the occurrence of a case of force majeure or an event beyond the control of TANDEMZ and unless interrupted, suspended or limited within the framework of maintenance operations and/or updates necessary for the proper functioning of the Platform.
TANDEMZ is only bound by an obligation of means regarding the accessibility, functioning and availability of the Platform or its contents. TANDEMZ reserves the right to interrupt, suspend or limit access to all or part of the Platform, in particular due to legal or technical constraints.
The User expressly acknowledges that the aforementioned suspensions, interruptions or limitations may occur at any time without prior notice and that they shall not give rise to any obligation or compensation to the User.
4. Use of the Platform
4.1. Proper use of the Platform
The User undertakes to use the Platform only for their professional needs exclusively.
The User undertakes to use the Platform in accordance with the T&Cs, in compliance with the laws and regulations applicable in France.
The User expressly acknowledges and agrees to be personally responsible for any consequences, claims, remedies or actions of a test participant or third party in connection with content posted to their User Account. As a content host as defined by the French law no. 2004-575 for confidence in the digital economy, TANDEMZ is not in a position to monitor or control the content and cannot be held liable in this respect.
In the event that a claim by a test participant or a third party is brought directly to TANDEMZ's attention, TANDEMZ will investigate the claim. In case of abusive or illegal content, TANDEMZ may remove such content without prejudice to any other action that TANDEMZ may take against the User in compensation for the damage suffered.
4.2. Prohibited behaviors
It is strictly forbidden to use the Platform for the following purposes:
- the exercise of actions that are illegal, discriminatory, fraudulent or infringe the rights or safety of third parties and, in particular, of the User's tenants,
- breach of public order or violation of the laws and regulations in force,
- aiding or abetting, in any form and in any manner whatsoever, one or more of the acts described above,
- and more generally any practice diverting the Platform for purposes other than those for which it was designed.
TANDEMZ may terminate the User's access to the Platform in case of non-compliance with the present article, without prejudice to any damages that TANDEMZ may claim.
TANDEMZ guarantees the confidentiality and security of Data. However, TANDEMZ cannot guarantee the accuracy, completeness, timeliness or other quality of the Data integrated and distributed by the User on the Platform.
The User is solely responsible for the integrity, accuracy and quality of the Data they integrate and disseminate on the Platform. The User shall also ensure that the Data they integrate and disseminate on the Platform are free of viruses or any other component likely to cause damage to the Platform.
TANDEMZ makes no other express or implied warranties, including but not limited to the non-infringement of third party rights, the continuity, performance and/or durability of the Platform and/or the fitness for a particular purpose or the suitability of the Platform for the User's needs, nor does TANDEMZ guarantee that the Platform is free of anomalies, errors or bugs or that it will function without failure or interruption. The Platform is distributed "as is" and according to its availability.
Access to the Platform implies knowledge and acceptance of the characteristics and limitations of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption and, more generally, the risks inherent in 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. TANDEMZ does not guarantee that the Platform or its servers will at all times be free of viruses, worms, Trojan horses or any other components that may cause damage. It is the User's responsibility to take all appropriate measures to protect their own hardware, data, and/or software stored on their computer equipment against any attack.
The access and use of the Platform by the User will in no way engage the responsibility of TANDEMZ, for any reason whatsoever. Access to and use of the Platform is the sole responsibility of the User.
The User is the sole judge of the proper use, with discernment and critical thinking, of the Platform and the Data that they integrate and disseminate on it.
No advice or information, whether oral or written, obtained by the User during the use of the Platform is likely to create guarantees not expressly provided for in the T&Cs or to entail the liability of TANDEMZ in case of damage, of any nature whatsoever, caused to the User or to third parties due to the User's misuse of the Platform, in violation of the provisions of the present article and more generally of the non-respect of the T&Cs.
The User is responsible for any damage to their computer system, the Platform and/or its contents, as well as for the loss of Data that may result from their use of the Platform. As such, the User is responsible for the implementation of anti-virus and other measures to secure their computer system.
To the fullest extent permitted by applicable law, TANDEMZ expressly excludes its liability for any indirect damage, resulting from or in connection with access to the Platform, its use, its malfunctioning or its unavailability regardless of its nature and duration.
TANDEMZ is only liable for any direct damage that may be caused to the User as a result of the improper execution and/or non-fulfilment of its obligations under the T&Cs.
The User acknowledges that TANDEMZ remains free to correct and/or modify the Platform at any time and without prior notice, without this correction and/or modification entitling the User to any recourse whatsoever.
TANDEMZ cannot be held responsible, in a general way, in all cases where the non-execution or poor execution of the T&Cs would result from a case of force majeure or fortuitous event beyond its control.
7. Intellectual property
The Platform, the Services and all content present on the Platform, published by TANDEMZ (the "Protected Content") are protected by intellectual property rights (such as, but not limited to, all copyrights, patent rights, trademarks, database producers' rights, and any other existing or future French and international intellectual property rights) and belong to TANDEMZ or to third parties having authorized TANDEMZ to use them.
The use of the Platform in no way confers on the User a right of ownership and/or an intellectual property right over the Protected Elements, with the exception of a personal right of access, non-exclusive and limited exclusively to the use of the Platform in accordance with its purpose and in compliance with the T&Cs.
It is strictly forbidden to represent, reproduce and/or exploit the Protected Elements, totally or partially, in any form and by any means whatsoever, without the prior written consent of TANDEMZ. The User agrees not to copy, modify, assemble, decompile, alter, sell, rent, lease, loan, broadcast, distribute or transfer all or part of the Platform, create derivative works from the Platform, authorize a third party to commit such acts, without the prior written consent of TANDEMZ.
Failure to comply with the provisions of this article constitutes a violation of the intellectual property rights of TANDEMZ and/or third party licensors and may result in civil and criminal prosecution.
8. Protection of personal data
9. Duration – Termination
9.1. The T&Cs come into force as of their acceptance by the User and for the entire duration of use of the Platform by the User.
Termination of the free subscription by the Customer will result in the deactivation of the User Account on the effective date of termination of the subscription. In the event of termination of the paid subscription by the Customer, and their refusal to keep their account in the free version, the User Account will be deactivated on the date of effective termination of the subscription.
9.2. In case of use of the Platform by the User that does not comply with the T&Cs, in case of breach by the User of the T&Cs, or more generally in case of violation of applicable laws and regulations, TANDEMZ may terminate by operation of law, without prior notice or compensation, all or part of the User's access to the Platform. TANDEMZ can pronounce this termination without prejudice to all other rights, actions and remedies that TANDEMZ may have in order to compensate for the damage it may have suffered as a result of these breaches.
9.3. In case of deactivation of the User Account, the Data, and in particular, the User's Personal Data, will then be archived in a secure environment, for the legal period of limitation for the purposes of evidence for the establishment, exercise or defense of a right in court, in accordance with the regulations applicable to the protection of personal data.
9.4. TANDEMZ will return to the User, upon request, the Data it has integrated on the Platform, upon a simple request sent by email to the following address: email@example.com.
10. Applicable law and jurisdiction
10.1. The T&Cs shall be executed and interpreted in accordance with French law.
10.2. The parties declare their intention to seek an amicable solution to any difficulty that may arise concerning the validity, interpretation or execution of the T&Cs. In case of persistent disagreement, the dispute will be brought to the attention of the competent courts.
For any information regarding the T&Cs, the User can contact TANDEMZ by e-mail at the following address: firstname.lastname@example.org.