General terms of use

Last update : 06/12/2024

The purpose of these general terms and conditions of use (hereinafter "GTCU") is to define the terms and conditions of access to and use of the "EZUS" web platform made available by ESUS, a SAS “Société par Actions Simplifiée” company registered with the Cannes Trade and Companies Register under number 845 249 358, whose registered office is located at 58 RUE DE PARADIS 75010 PARIS (hereinafter "EZUS").

These CTCU form part of the Contract signed by the Customer when subscribing to the EZUS Platform. The Contract also includes the General Terms and Conditions of Sale, the Maintenance Contract, the Commercial Proposal and the Privacy Policy.


The CTCU constitutes a binding contract between the User and EZUS. Access to the Platform is subject to the User's express and unreserved acceptance of the CTCU, which is formalised by the Customer signing the Contract. In doing so, the User acknowledges having read the GTCU, having understood them, and fully accepting all of their stipulations, without restriction or reservation, as well as those which may be present in any document available on the Platform, incorporated by reference into the GTCU.

In any event, any continued use of the Services offered by the Platform materialises the User's acceptance of the GTCU. EZUS reserves the right to modify the GTCU, in whole or in part, depending on the technical development of the Platform, its Service offers, or due to changes in legislation, at its sole discretion and without prior notice. The User will then be informed of the update to the CTCU, the new version of which will be sent to the User by email or will be brought to the User's attention by the Platform the next time the User logs in, and which will apply immediately. Access to and use of the Platform will be subject to the CTCU in force at the time of such access and use.


Generally speaking, it is the User's responsibility to consult the CTCU accessible from their account as often as necessary.

"Chat" : Tool enabling the User to contact the managers of the Platform in order to respond to a request or a problem encountered by the User. 

‍"Customer" : means any professional, natural person or legal entity, registered in the Trade and Companies Register or any equivalent commercial register, customer of EZUS, who has subscribed to the Platform in accordance with EZUS's general terms and conditions of sale. 

‍"Content(s)" : refers to all the textual and graphic content present on the Platform or making it up and in particular, without this list being limitative, the structure and pages of the Platform, the software and methods for analysing and monitoring the Data, the content, texts, videos, animations, sections, drawings, illustrations and images present on the Platform.

‍"Commercial Document" : Document intended to present an offer drawn up to meet the needs or problems of the Customer. This refers both to the Sales Documents themselves as well as the files attached to them.

‍"Data" : refers to all data from the Platform that is disseminated, processed and/or generated via the Platform when used by the User. 

‍"Personal Data" : means, within the meaning of the Regulations applicable to the protection of personal data, any information that makes it possible to designate or identify, directly or indirectly, a natural person.

‍"Customer Space" : Website created by the User by generating a url link which may be personalised and which gives access to the Commercial Documents and other information about the Project which the User wishes to make available to his End Customer.

‍"Document Link" : URL link generated by the Platform to enable End Customers to access each published Commercial Document directly online. Modifications are accessible online.

‍"Platform" : means the Platform called “EZUS” for managing connected equipment, made available to Users by EZUS from a computer and as described in article 3 below.

‍"Commercial Proposal" : means the technical and commercial proposal from EZUS sent to the Customer and signed by the latter, describing in particular the Services ordered, the terms and conditions of their supply, in accordance with the needs expressed by the Customer, the pricing conditions and any other specific conditions negotiated between the Parties. In the event of any contradiction between the Commercial Proposal and the other contractual documents making up the Contract, the Commercial Proposal shall prevail.

"Regulations applicable to the protection of Personal Data" : means any international and national regulations 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”.  

‍"Resources" : Files, external documents that the Professional provides to the Platform to be used as a Commercial Document to be sent to Clients via an Ezus Link (registered trademark of Esus).

"Services" : Refers to all the services provided by EZUS in the context of the performance of the Contract. The term Service refers more specifically to the digital services provided via the Solution.

 "Solution" : refers to the EZUS software solution in SAAS mode, all the web Services accessible via the Platform. The functionalities are described on the Website.

"User" : means the natural person who benefits from the services provided by the Platform and granted to the Customer in accordance with the Contract between the Customer and EZUS, acting on behalf of the Customer, having an account enabling him/her to access and use the Platform, regardless of where he/she is and how he/she accesses it. 

‍"Administrator" : means a User with administrator access to the Platform, enabling him/her to create, manage and/or delete access accounts to the Platform for other Users.

1.Features

EZUS enables registered travel organisation professionals to host their commercial documents, centralise their Customer data, budget trips, and generate websites with the possibility of confirmation and payment for end customers (hereinafter referred to as the "End Customer"). 

EZUS thus offers a solution enabling its Customers to create tailor-made trips by applying customisable budgeting via automatic calculations and manual modifications. The Platform can then be used to generate commercial documents that have been personalised via their templates and to send End Customers a customer area with all the project information created for them.

EZUS can also be used to centralise various data relating to the Customer's suppliers and prospects, and to manage financial aspects such as invoicing, financial monitoring and payments.  

The Platform provides access to various services, made available to the User depending on the Customer's subscription to EZUS and the assignments and rights allocated to the User. 

Depending on the assignments and rights allocated to the User, the User can access the functionalities included in the selected plan from the Platform (more information on the https://ezus.io/pricing page).

In accordance with the GTCU signed by the Customer, the User and the End Customer acknowledge that EZUS remains free to correct and/or modify the Platform at any time and without notice, without this correction and/or modification giving rise to any right of recourse on its part, provided that they do not violate the commitments made by EZUS under these GTCU. 

2.Hosting and security

The Platform is made available to the Customer and Users in SaaS mode (software as a service) on the servers made available to EZUS by the hosting provider mentioned below, and can be accessed from a web browser at the following address: https://pro.ezus.io/login or any other address that may be added or substituted (hereinafter the "Site"). 

The Platform and the Site, as well as all databases, are hosted by Amazon Web Services, whose data centres are located within the European Union, more specifically in Dublin, Ireland. Amazon Web Services acts as a subcontractor for EZUS within the meaning of the Regulations applicable to the protection of Personal Data, in accordance with the contract between them, which does not derogate from this article. EZUS reserves the right to migrate the hosting of the Platform to other datacenters of this hosting provider and/or to change the hosting provider, in constant compliance with the Regulations applicable to the protection of Personal Data.

EZUS undertakes to make its best efforts to : 

- ensure the physical and logical security of the servers on which the Platform is hosted and, in particular, the integrity of the network and servers against any external malicious act or any known computer attack. The servers are protected against intrusions by a firewall. Security updates for operating systems and anti-virus software are installed regularly.

- to implement and maintain security and confidentiality measures for the Platform, which take into account the principles of Personal Data protection and are adapted to the risk generated by their processing on the rights and freedoms of the persons concerned, in accordance with the requirements of the Regulations applicable to the protection of Personal Data. These measures aim to (i) protect the Data - and in particular the Personal Data - against destruction, loss, alteration or disclosure to unauthorised third parties and (ii) ensure the restoration of the availability of the Data - and in particular the Personal Data - and access thereto within an appropriate timeframe in the event of a physical or technical incident. EZUS also implements a procedure to regularly test, analyse and evaluate the effectiveness of the aforementioned security measures.

In the event of server failure, EZUS will make its best efforts to restore the service as soon as possible, within the limit of the service level commitments made by the hosting provider, following notification of the failure by the User.  

Backups of Users' database Data are made with the hosting provider as follows :
- a daily backup with retention for fifteen (15) days ; 
- a monthly backup stored for twenty-four (24) months;

Back-ups of our server logs (incoming/outgoing/errors) are made in real time and are kept for twelve (12) months.

Back-ups are stored in the host's datacentres

The T&Cs are accepted when the Customer signs the Commercial Proposal for the Contract. The Contract also includes the Maintenance Contract, the GTC and the Privacy Policy.

EZUS reserves the right to modify and/or update the GTCU at any time without prior notice, which the User will be informed of the next time he/she connects to the Platform. Any rejection of the CTCU by the Customer will automatically result in the termination of the Contract in accordance with the termination conditions set out in the Contract's General Conditions of Sales.

Access to and use of the Platform will be subject to the CTCU in force at the time of such access and use.

4.1. Creation of a User account

 4.1.1. General

‍Access to the Platform requires the creation of a User account. To do this, the User must have a valid email address. 

EZUS is responsible for creating the Administrator account after the Customer has signed the Contract.

EZUS will need information to fill in a form in order to create User accounts. Without this information, the account cannot be created.

The Customer undertakes to ensure that the information provided to EZUS is accurate, up-to-date and complete and undertakes to inform EZUS as soon as possible of any changes or inaccuracies in the information provided. EZUS may under no circumstances be held liable for the consequences of missing or inaccurate information. In particular, EZUS may not under any circumstances be held liable in the event of delay or impossibility of providing the Platform due to erroneous or incomplete information entered by the User when requesting the creation of an account.

Account accesses are sent to the Administrator at least twenty-four (24) hours before the configuration call with his reference account manager. Furthermore, the configuration call must be taken within a maximum of sixty (60) days following the signing of the Contract.

EZUS recommends that the User keeps the account opening notification email, resets it and remembers his password.The Solution can be accessed via the Website (by clicking on the "connect" button) or directly via the URL https://pro.ezus.io/login.

 4.1.2. Characteristics of the Administrator User account

‍From his account, the User Administrator can create as many User accounts as the number of seats agreed between EZUS and the Customer on his subscription. An email will then be sent to the new Users created, inviting them to connect to the Platform and finalise the creation of their account on it.

The User Administrator who creates an account for other Users is solely responsible for the accuracy of the data of the User whose account he/she creates and for the proper management of the accesses that he/she grants in this respect.

Under no circumstances may EZUS be held liable in the event of misuse of administration rights by the User Administrator, in the event of impossibility or delay in the provision of the Platform due to misuse of its administration rights by the User Administrator and/or due to incorrect or incomplete information being entered concerning the User whose account has been created by the User Administrator.

 4.2. Confidentiality of login details

‍The User's login password is strictly personal and confidential. The User must keep his/her login password secure and undertakes not to divulge it to third parties for any reason, in any way or in any form whatsoever.

In the event of loss, forgetfulness or theft of his/her authentication details, the User must change his/her password by clicking on the "Forgotten password" button located under the login form on the EZUS software login page (on the following link: https://pro.ezus.io/login?forgot=1). The User may change his/her password at any time.

Under no circumstances may EZUS be held liable for the loss, theft or forgetting of the User's authentication details or for their fraudulent use. The User is solely responsible for accessing and using the Platform with his/her authentication details.

If the User wishes to use another email address, he/she can edit it from his/her Profile interface accessible after logging on to the EZUS software.

 4.3. Minimum system requirements

Access to the Platform requires the User to have computer hardware (PC, MAC or tablet), a broadband internet connection and a web browser compatible with the browser types and versions specified in the User account validation email. 

All costs relating to access to and use of the Platform, including hardware, software and Internet access costs, shall be borne exclusively by the User (or the Customer employing the User). The User is solely responsible for the proper operation and security of his/her computer equipment and Internet access. 

5.1. Proper use of the Platform

‍Given the nature and purpose of the Platform, the User must act as a professional, for the purposes of his/her professional activity, and undertakes to use the Platform exclusively for the purposes of this activity. 

The User undertakes to use the Platform in accordance with the CTCU and in compliance with international, European and national laws and regulations applicable in France.

Users who are required to process Personal Data when using the Platform undertake to comply with the provisions set out in article 12 below.

5.2. Prohibited behaviour

It is strictly forbidden to use the Platform for the following purposes:

- carrying out illegal or fraudulent activities or activities that infringe the rights or safety of third parties,

- undermining public order or violating applicable laws and regulations,

- aiding or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above,

- and more generally any practice that misuses the Platform for purposes other than those for which it was designed.

EZUS and/or the Administrator may suspend all access and, where applicable, terminate the User's access to the Platform in the event of non-compliance with this article, without prejudice to any damages that EZUS may seek. 

5.3. Chat

A Chat is made available to the User on the Platform to enable him/her to contact the Company's support as quickly as possible in order to respond to a request and/or help him/her to solve his/her problem.

The User is free to send any type of question, provided that said requests respect the law, morality and/or public order. Likewise, these requests must not contain any unlawful comments, particularly those that are contrary to human dignity, degrading, defamatory, insulting, racist, anti-Semitic, homophobic, child pornographic and/or contrary to any law whatsoever.

Under no circumstances may the Chat be used for purposes other than those mentioned. Any other use, in particular for harassment, may result in the account being blocked.

5.4. Creation and hosting of Commercial Documents

The User may host various Commercial Documents on the Platform.

Using their personal space, Users upload the Resources relating to each of their Commercial Documents onto the Platform from their personal files, a URL or a text editor.

The User uploads his Documents in the formats that the Company deems most appropriate for providing the said Services and which are listed on the Platform.

The User assembles these Commercial Documents into a project intended for the end Customer so that the Document Link can be created.

The User is responsible for the content of the files, documents and data he submits and/or provides to the Platform. The Professional is free to provide any type of Resource, provided that said Resources are not contrary to law, morality and/or public order. Similarly, these Resources must not contain any unlawful content, in particular content that is contrary to human dignity, degrading, defamatory, insulting, racist, anti-Semitic, homophobic, child pornographic and/or contrary to any law whatsoever.

The User is held responsible in the event of use of Resources that infringe the intellectual property rights of third parties.

More generally, the User remains responsible for respecting the rights of third parties in the Resources that he places on the Platform, in particular the Personal Data that may be included in the Resources that he makes available on the Platform.

EZUS reserves the right, at its sole discretion, to remove any element of Customer Content for any reason (or no reason), including if it violates the GTCU/GTS or any law.

Except to the extent prohibited by applicable law, EZUS has the right to retain and/or disclose any information, including the User's Account Resources (or certain elements thereof), in order to comply with applicable law, legal process or governmental request or complaint of violation.

5.5. Formatting and personalisation of Commercial Documents

On the Platform, the User can edit his Commercial Documents and format them. Once they have been formatted, the User may click on a link to view the formatted Commercial Document.

The User is solely responsible for the information, Data, Personal Data and content added to its Commercial Documents. EZUS may not be held liable in the event of elements, of any nature whatsoever, added by the User that violate the rights of a third party, in particular their personal data or intellectual property, or are contrary to good morals or liable to criminal prosecution.

EZUS reserves the right, at its sole discretion, to delete any element of the User's content for any reason whatsoever (or for no reason whatsoever), in particular if it violates the CTCU or any law whatsoever.

Except to the extent prohibited by applicable law, EZUS has the right to preserve and/or disclose any information, including Account Resources (or certain items) of the User, in order to comply with applicable law, legal process or governmental request or complaint of infringement.

The User may also use themes provided by EZUS to visually customize the User's Business Materials. 

The Parties undertake always to behave towards each other as loyal partners in good faith and to perform all their obligations in this spirit.

The Parties undertake to cooperate closely, to the best of their ability and in complete good faith, in order to ensure the proper performance of these Terms and Conditions. In particular, the Parties undertake to keep each other informed and to spontaneously communicate any events, information or documents that may be useful for the proper use of the Platform by the Customer, the proper performance by EZUS of its contractual obligations and, more generally, the proper performance of the CTCU.

7.1. Warranty of eviction

EZUS declares and guarantees that it has all the titles, licences, intellectual property rights and authorisations to provide the Platform to the User.

EZUS guarantees the Customer against any infringement action relating to the Platform, provided that the User (i) promptly notifies EZUS of said claim or action, (ii) provides EZUS with all necessary assistance in the defence and/or resolution of the dispute. In defending or resolving the dispute, EZUS may, at its sole discretion, (i) obtain the right for the User to continue to use the Platform, (ii) modify/replace the infringing correlative elements so that they no longer infringe the rights of the third party, without harming the proper performance of the Platform, or (iii) terminate the Contract binding it to the Customer and reimburse the latter in proportion to the price of the Platform that it has already paid on the day of the dispute. 

EZUS shall under no circumstances be liable for any request, claim or action resulting from use of the Platform not authorised by the Contract. 

7.2. Guarantee of conformity

EZUS also declares and guarantees that the Platform that it provides complies with the state of the art existing on the date of signature of these terms and conditions.

7.3. Warranty exclusions

EZUS does not guarantee the accuracy, completeness, timeliness or other quality of the Data integrated and generated by the User on the Platform. The User is solely responsible for the integrity, accuracy and quality of the Data that it integrates and distributes via the Platform to its End Customers. The User also ensures that this Data is free from viruses or any other component likely to cause damage to the Platform. The User acknowledges that the lack of security, integrity and/or quality of the Data may seriously harm the interests of EZUS. The User (or the Customer who employs the User) guarantees EZUS in this respect and will compensate EZUS for any damage that may be suffered by EZUS and/or the Platform as a result. 

EZUS does not grant any other express or implicit guarantee, including, but not limited to, as to the continuity, performance and/or durability of the Platform and/or as to the suitability for a particular purpose or the adequacy of the Platform to the User's needs, nor does it guarantee that it is free from Anomalies or that it will function without breakdown or interruption. The Platform is provided on an "as is" and "as available" basis.

Access to the Platform implies knowledge and acceptance of the characteristics and limits of the Internet, in particular as regards 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. EZUS does not guarantee that the Platform or its servers will at all times be free of viruses, worms, Trojan horses or any other component likely to 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 damage.

8.1. General considerations

By express agreement and subject to the provisions herein, EZUS is subject to an obligation of means in the provision of the Platform. The User expressly acknowledges having received all the necessary information from EZUS, enabling it to assess the suitability of the Platform for its needs and to take all useful precautions for its implementation. No advice or information, whether oral or written, obtained by the User when using the Platform is likely to create guarantees not expressly provided for in the CTCU or to give rise to liability on the part of EZUS in the event of damage, of any nature whatsoever, caused to the User or to third parties as a result of the misuse by the User of the Platform, in breach of the provisions of this article and more generally as a result of non-compliance with the CTCU.

EZUS is only liable for direct damage caused to the Customer as a result of a proven fault on the part of EZUS in fulfilling its contractual obligations.

The Parties expressly acknowledge that the loss of Data constitutes a direct loss that may be compensated under the following conditions: EZUS may only be held liable in the event of loss of Data due to a fault attributable exclusively to EZUS (or, where applicable, its subcontractors), which has not been reconstituted and returned within fourteen (14) calendar days of the User (or the Customer who employs the User) notifying EZUS in writing by registered letter with acknowledgement of receipt (copy by e-mail to the following address: [email protected]) of the actual loss of Data.

Under no circumstances may EZUS be held liable in the event of loss of Data due to a User, the Customer, the telecommunications operator or a third party. Similarly, EZUS may only be held liable to the extent that the User (or the Customer who employs it) is completely unable to reconstitute the Data, by any means whatsoever (in particular by replication on its internal environment, or at the telecommunications operator).

EZUS will be released from any liability in the event of non-compliance by the User with any of its obligations hereunder.

Unless expressly agreed otherwise, the Customer may not make a claim against EZUS after a period of twelve (12) months following the discovery of the event (or events) that gave rise to any liability.

8.2. Exclusions

Access to and use of the Platform by the User shall in no event incur the liability of EZUS in any respect whatsoever. Access to and use of the Platform are the sole responsibility of the User. The User is solely responsible for the proper use of the Platform, with discernment and spirit. 

Under no circumstances may EZUS be held liable for any indirect damage of any nature whatsoever suffered by the User (or the Customer who employs the User), including, but not limited to, loss of profit, loss of earnings, loss of customers, any commercial disturbance whatsoever, damage to image, in connection with or arising from the use of the Platform. 
‍
The User is also responsible for:

- Ensuring that the information and Data he/she enters on the Platform comply with public order, morality and existing legislation;  

- Respecting the intellectual property rights associated with all intangible assets, information and Data processed as part of the use of the Platform, and guarantees EZUS against any third party claim in this respect.

The Parties shall not be held liable, in general, in all cases where the non-performance or poor performance of the CTCU is the result of a case of force majeure or an act of God beyond the control of the Party that suffers the said case. The total cumulative liability of EZUS arising from the obligations related to this Contract shall not exceed the total amount of the fees paid by the Customer to EZUS under this Contract during the six (6) months preceding the incident giving rise to the liability.

It is strictly forbidden for the User in its use of the Platform and its services:

1. To carry out illegal multi-level marketing, such as pyramid schemes, with the Platform;

2. To request login information and access an account belonging to someone else;

3. To undermine security and authentication measures;

4. Intimidate and/or harass others;

5. Act in a manner that could disable, overburden or otherwise impair the proper working or appearance of the Platform (such as an attack resulting in denial of service or interference with page display or other functionality of the Platform);

6. To carry out any illegal, fraudulent or infringing activity against the rights or security of third parties;

7. To undermine public order or violate the law and regulations in force;

8. To break into EZUS systems and the Platform;

9. To use a data collection system, robot or other process for obtaining and extracting data in connection with the Services;

10. To break into a third party's computer system or to carry out any activity of a nature to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security;

11. To usurp the identity of a person or entity, make false statements about links with a person or entity or misrepresent them ;

12. To use the Platform in such a way as to improve the referencing of a third-party site;

13. To copy and/or misappropriate for its own purposes or those of a third party the concept, technologies or any other element of the Platform;

14. To infringe the financial, commercial or moral rights and interests of the Company or users of the Platform;

15. To monetise, sell or license all or part of the access to the Platform, as well as the information hosted and/or shared on it;

16. To permit and/or encourage breaches of these GTCU or our rules.

17. To assist or incite, 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 Services to purposes other than those for which they were designed.

The Professional also refrains from distributing via the Platform services, in particular and without this list being exhaustive:

- Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist;
- Infringing content;
- Content that impugns the image of a third party;
- Content that is misleading or deceptive or that proposes or promotes illegal, fraudulent or deceptive activities;
- Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.);
- And more generally, content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner or form whatsoever.Any failure to comply with the rules set out will engage the sole responsibility of the User. Furthermore, EZUS reserves the right:

- to immediately delete the User's account in the event of a breach and/or report;- to immediately delete content that has been reported or that violates the obligations of the CTCU;- to report to the competent authorities any child pornography, defamatory, insulting, violent, racist, xenophobic or revisionist content shared by the User with its End Customers.

The Parties shall not be held liable, in general, in all cases where the non-performance or poor performance of the CTCU is the result of a case of force majeure or an act of God beyond the control of the Party that suffers the said case. The total cumulative liability of EZUS arising from the obligations related to this Contract shall not exceed the total amount of the fees paid by the Customer to EZUS under this Contract during the six (6) months preceding the incident giving rise to the liability.

In the event of a breach of any of the provisions of these CTCU, or more generally, a breach of the laws and regulations by the User, EZUS reserves the right to:

- Suspend all or part of the User's access to the Platform;
- Terminate the User's Account and/or prevent access to the Platform;
- Take any appropriate measures and take any legal action;
-If necessary, notify the competent authorities, cooperate with them and provide them with any information that may be useful in investigating and punishing illegal or illicit activities.

11.1. Procedure

Any act committed on the Platform or via the Services that is harmful to a third party may be reported to EZUS. This report must be sent to EZUS at the following address ([email protected]).

The report must include :
- the date of notificationthe
- identity of the complainant (in the case of a natural person: surname, forename, profession, place of residence, nationality, date and place of birth; in the case of a legal entity: form, name, registered office and legal representative),
- the name and address of the defendant (in the case of a legal entity, its name and registered office),
- a description of the facts in dispute and their precise location,the reasons why the content must be withdrawn, including a reference to the legal provisions and the facts,
- a copy of the correspondence sent to the author or publisher of the disputed information or activities requesting their interruption, withdrawal or modification, or justification for the fact that the author or publisher could not be contacted.

EZUS will be free to take all appropriate measures.

11.2. Improper reporting

Any report that does not comply with these conditions will not be processed by EZUS. Any abusive report, i.e. with the aim of harming the person in question, will result in :

- The definitive withdrawal of access to the Platform for the User at the origin of the abusive report;
- Reimbursement by the User at the origin of the abusive report of the legal costs and lawyer's fees incurred by EZUS;

 12.1. Property rights on the Platform, the Site and their Content

The Platform, the Site and their Contents, as well as all distinctive signs (names, brands and/or logos) relating thereto, are protected by intellectual property rights (such as in particular all copyrights, patent rights, trademarks, database producers' rights, and all other existing or future French and international intellectual property rights) and belong to EZUS or to third parties having authorised EZUS 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 Platform, the Site and their Contents, with the exception of a personal right of access, non-exclusive and limited exclusively to the use of the Platform in accordance with its object and purposes and in compliance with the GTCU.

It is strictly forbidden to represent, reproduce and/or exploit the Platform, the Site and their Contents, in whole or in part, in any form and by any means whatsoever, without the prior written consent of EZUS. The User undertakes not to copy, modify, assemble, decompile, alter, sell, rent, lend, disseminate, distribute or transfer all or part of the Platform, the Site and/or their Contents, create works derived from these works, authorise a third party to commit such acts or allow them to do so, without the prior written consent of EZUS.

Failure to comply with the provisions of this article constitutes an infringement of the intellectual property rights of EZUS and/or the third party licensor and may result in civil and criminal proceedings.

12.2. Proprietary rights to Data, Resources and Commercial Documents

The Data, including personal Data, Resources and Commercial Documents are and remain the exclusive property of the User (or the Customer who employs him). EZUS may not claim any right of any kind over these Data, with the exception of a right to use them for the purposes of improving the performance and functionality of the Platform, for statistical purposes and, where applicable, for its support and maintenance, to the exclusion of any other purpose, in particular commercial, and in strict compliance with the confidentiality of these Data.

Under no circumstances may EZUS copy, sell or share the Data, Resources and Commercial Documents.

No third party may have access to the Data, including personal Data, Resources and Commercial Documents. Access by EZUS internal services may only be made in the context of support and maintenance for the User and the Customer. In the event of refusal of access by the Customer in this context, EZUS may not be held liable for any consequential damage or delay in its support or maintenance functions.

12.3 Ownership of statistical results

The Platform enables the User to obtain statistical results concerning the reading of its Commercial Documents by End Customers.

The User is the owner of the Personal Data, the Resources and the Commercial Documents that it makes available on the Platform, however EZUS remains the owner of the statistical results that it provides to the User through its own programmes.

Once anonymised, EZUS reserves the right to exploit, conglomerate, compare, share, publish and transfer the content of the statistical results.

Furthermore, EZUS may not be held liable for any decisions taken by the User or the End Client on the basis of the statistical results.

13.1. User's Personal Data

EZUS is concerned about the protection of Users' Personal Data. As the controller, it undertakes to protect them at all times, in accordance with the Regulations applicable to the protection of Personal Data. 

The User acknowledges and accepts that the Personal Data concerning him/her, collected by EZUS as part of the performance of the CTCU, are necessary for the creation of his/her Account, access to and use of the Platform, as well as to respond to his/her requests relating to the Platform and to provide support and maintenance of the Platform. Lastly, this Personal Data may be processed for statistical purposes in order to improve the performance and functionality of the Platform. This information is strictly confidential and intended exclusively for EZUS. 

Unless required to do so by law or the courts, EZUS undertakes not to disclose, assign, rent or transmit the User's Personal Data to third parties other than the host of the Website Platform, as mentioned in Article 2 above, under the conditions set out in that article. 

The User is hereby informed that, for technical reasons relating to the management of the Platform, the Data he/she enters on the Platform, including Personal Data, may be stored in the data centres of the hosting service provider located in the country where the User connects. In the event that the User is a resident of the European Union, the User is informed and expressly accepts the transfer of his/her Personal Data to this host located outside the European Union, for the aforementioned purposes. EZUS ensures at all times that these transfers are carried out under appropriate and suitable conditions of security and confidentiality in order to guarantee a level of protection of the User's Personal Data equivalent to the level required within the European Union, in accordance with the Regulations applicable to the protection of Personal Data. 

The User is also informed that, for technical, maintenance and diagnostic purposes, any actions carried out on the Platform will be logged, recorded and time-stamped in a dedicated database. These actions may include, but are not limited to:

- Logging on to the Platform
- Writing a parameter to a connected device
- An operation on administration access
- Exporting data
- etc.

In accordance with the requirements of the Regulations applicable to the protection of Personal Data, EZUS undertakes to take all useful precautions, with regard to the nature of the User's Personal Data and the risks presented by the processing, to preserve the security and confidentiality thereof and, in particular, to prevent the destruction, loss, alteration, disclosure or unauthorised access to such data.

The User's Personal Data will be kept for as long as their Account is active and they use the Platform. It will then be archived, in a secure environment that complies with the requirements of the Regulations applicable to the protection of Personal Data, for the legal period necessary for the purposes of proof for the establishment, exercise or defence of a legal claim.

Users have the right to access, rectify, limit and port their Personal Data. Users also have the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés if they believe that the processing carried out by EZUS constitutes a violation of their Personal Data.

On the other hand, the User does not have the right to object to the processing of his Personal Data or the right to their deletion except at the risk of automatic and immediate closure of his Account failing which EZUS will be able to continue to interact with him. 

Users may exercise their rights at any time by contacting EZUS by e-mail at the following address: [email protected]. The User will be asked for proof of identity.


13.2. Personal Data processed by the User as part of the use of the Platform

In the course of using the Platform, the User may be required to integrate and process Data, including Personal Data of End Customers or other persons with whom the User interacts. As the person responsible for processing this Personal Data, the User (or, where applicable, through him, the Customer) guarantees EZUS that he complies at all times with the Regulations applicable to the protection of Personal Data and, in particular, with the rights of the persons concerned by the processing that he carries out through the Platform. The User (or where applicable, through him, the Customer) guarantees EZUS against any recourse in this respect. 

For the purposes of the support offered to the User under these terms and conditions and maintaining the Platform in operational condition, EZUS may be required to access the Personal Data that the User processes through the Platform, on behalf of the User and on the User's instructions. In this respect, EZUS acts as a subcontractor for the User (or, where applicable, through the User, the Customer).

As a subcontractor, EZUS undertakes to comply with the following obligations and to ensure that its staff comply with them:

1) to process Personal Data within the strict and necessary framework of the execution of the CTCU and to act only on the basis of documented instructions from the User; 
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2) to ensure the confidentiality of Personal Data and to ensure that each person it authorises to process such data undertakes to respect confidentiality or is subject to an appropriate obligation of confidentiality;
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3) ensure the security and integrity of the Personal Data. To this end, EZUS implements and maintains security measures for the Platform as set out in Article 2 hereof; 
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4) not to keep the Personal Data beyond the duration of the CTCU or any other duration specified by the User. In any event, at the end of the CTCU, EZUS will return to the User, at his request, the Personal Data in its possession, in a standard format, and delete any copy of the Personal Data, with the exception of a copy that EZUS may archive for evidentiary purposes for the establishment, exercise or defence of a legal right;
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5) not to grant, rent, transfer or otherwise communicate to another person, all or part of the Personal Data, with the exception of the hosting provider as mentioned in article 2.2 above;
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6) the User (or where applicable the Customer) expressly authorises the use of subcontracting for the performance of the Contract by EZUS, this authorisation also includes the performance of all or part of the Personal Data processing activities. EZUS undertakes to inform the User (or, where applicable, the Customer) of any planned change concerning the addition or replacement of a subcontractor and to give the User (or, where applicable, the Customer) the opportunity to object to such change. In any event, EZUS ensures that any subcontractor it recruits offers sufficient guarantees regarding the implementation of appropriate technical and organisational measures so that the processing meets the requirements of the Regulation applicable to the protection of Personal Data and guarantees the protection of the rights of the persons concerned. EZUS remains responsible to the User for the performance of its obligations by its own subcontractors;
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7) provide assistance to the User (or where applicable the Customer) to enable it to respond, within the time limits and in accordance with the conditions laid down by the Regulations applicable to the protection of Personal Data, to any request to exercise a right, request or complaint from a data subject or from a data protection authority or any other regulator; 

8) provide assistance to the User (or, where applicable, the Customer) in the context of carrying out impact analyses relating to privacy and/or in the context of formalities to be carried out by the User (or, where applicable, the Customer). The latter acknowledges and accepts that the assistance that may be required in this context will be the subject of a separate service proposal from EZUS; 

9) make available to the User, subject to compliance with a confidentiality undertaking, all the information required to demonstrate compliance with the obligations set out in this article and to enable audits, including inspections, to be carried out by the User (or, where applicable, the Customer) or any auditor appointed by it and to contribute to these audits. Audits will be carried out at the sole expense of the User (or, where applicable, the Customer). The User undertakes to notify the audit request within a reasonable period of time before the audit takes place, which may not be less than ten (10) working days; 

10) not to transfer the Personal Data processed hereunder to countries outside the European Economic Area that have not been recognised by the European Commission as providing an adequate level of protection (i) without having first obtained the express and written authorisation of the User (or, where applicable, the Customer) and (ii) without the implementation of legal instruments recognised as appropriate by the Regulations applicable to the protection of Personal Data to govern the transfer(s) concerned; 

11) to notify the User (or, where applicable, the Customer) as soon as possible in the event of any Personal Data breach of which it becomes aware, the notification being accompanied by any useful documentation in order to enable the User (or, where applicable, the Customer), if necessary, to notify this breach to the competent supervisory authority, and to assist the User (or, where applicable, the Customer) in the implementation of any action enabling the User (or, where applicable, the Customer) to deal with this data breach.

14.1 Duration

The CTCU come into force on signature of the Contract via the Customer's signature of the Commercial Proposal.

14.2 Suspension of services

In the event of use of the Platform by the User that does not comply with the CTCU, in the event of breach by the User of the CTCU and/or breach by the Customer of the general terms and conditions of sale applicable to the Platform or of the Maintenance Contract, and more generally in the event of breach of the applicable laws and regulations, EZUS may suspend all or part of the User's access to the Platform as of right, without prior notice or compensation. EZUS may pronounce this suspension without prejudice to all other rights, remedies or actions that EZUS may have in order to compensate for the loss that it may have suffered as a result of these breaches. The Customer must continue to pay its subscription to EZUS during the suspension.

14.3 Termination for convenience

The Customer is free to terminate the Subscription at any time, by any written means (including email), subject to giving one (1) month's notice. In such a case, the Customer remains liable to EZUS for all the sums due for the Subscription year in progress, the amount of the Subscription paid by the Customer for this contractual year remaining the property of EZUS. 

14.4. Termination for fault

As the CTCU are linked to the GCV and the Maintenance Contract, the conditions and implementation of termination for fault are the same as for these two contracts. If one of the contracts in the Contract is terminated, all the other contracts in the Contract are also terminated.

14.5. Consequences of termination or expiry of the CTCU

If the CTCU is terminated for any reason whatsoever, the User account will be deactivated immediately and automatically. 

15.1. Force majeure

The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, within the meaning of article 1218 of the French Civil Code.
For its duration, the event of force majeure suspends the performance of the obligations for the Party invoking it. In all cases, the Party affected by the event of force majeure must do everything in its power to avoid, eliminate or reduce the causes of the delay and resume performance of its obligations as soon as the event invoked has disappeared. However, if the cases of force majeure last longer than one (1) month, they will entitle either of the Parties to terminate the Contract.

15.2 Independence of the Parties

The Parties declare and acknowledge that they are and will remain, for the entire duration of the Contract, independent partners, and that the Contract may not confer on either of the Parties the status of agent or representative of its co-contractor, neither Party having the power to bind the other or to sign in the name and on behalf of the other, each Party alone assuming the risks of its own operation. 

15.3 Entire agreement

The Contract constitutes the entire agreement between the Parties with regard to its subject matter and cancels and replaces any previous or current agreement, whether oral or written, between the Parties with regard to this subject matter. 

15.4 Independence of clauses

In the event that one or more provisions of the Contract are held to be invalid or declared as such in application of a law, regulation or following a decision by a competent court that has become final, the other provisions of the Contract shall nevertheless retain all their force and scope.

15.5. Non-waiver

The failure of either Party to avail itself, at any given time, of any of the provisions of the Contract, shall not be interpreted in the future as a waiver of the rights it holds hereunder.