GCU & Terms of Use of Ilaunchmyidea.com by Vianeo
The Vianeo Platform is an online and collaborative digital platform, owned and managed by Vianeo SAS. This Platform allows to describe and design the market access strategy of projects and/or manage innovative programs online.
In the present General Conditions of Use (referred as « GCU ») which regulate the use of the Platform and its online application services, SAS Vianeo which owns the software, is referred to as “The Provider” or “The Publisher”. The access to the Platform is a service sold in white label by the Provider to any organization (e.g. support structure, large group, university) that requests it, referred to as “The Customer”. The Customer then makes the Platform available to innovative project leaders to support them. To do so, it authorizes them to join the Provider’s Services by giving them access to the Platform. Any natural or legal person who registers to the Platform and takes advantage of the Services by accepting the present GCU will be referred to hereafter as “User”. The use of the Services of the Vianeo Platform requires the creation of an online account. The Terms of Use apply to all Users of the Platform legally competent to engage. By registering on the Vianeo Platform, the User agrees to be continuously bound by them during his use and admits having read, understood and agreed to be bound by a free and informed consent to these TOS, as well as to any additional guidelines and/or possible future modifications.
Clicking on the button “I understand and accept the General Terms and Conditions of Use of the Platform” is tantamount to knowingly accepting the present.
TABLE OF CONTENTS
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1/ Object and general provisions
The purpose of these Terms of Use (referred also as ToU) is to define the terms of use of the Vianeo Platform Services. They are legally binding between SAS Vianeo and any user of the Platform whose URL address ends with “.vianeo.com” or “conduct-innovation.fr”.
The Platform is offered by SAS Vianeo whose head office is located at : Ophira2, 630 route des dolines 06560 SOPHIA ANTIPOLIS, France. The Vianeo platform is a web service available from the following address https://www.vianeo.com. The Site can be consulted like any other Internet site, within the framework of a use in conformity with the uses and practices. The software is distributed as SaaS (“Software as a Service”) in order to create, upload, store, transmit, distribute, print and also manage innovative projects (here, “Content”). The Service is provided “as is” and “as available”. All information related to the commitments and security procedures implemented by Vianeo are described in the Security Policy (hyperlink). All information related to Vianeo as a Publisher is defined in the Legal Notice page.
What applies to the Customer in terms of confidentiality, data protection, use of the Platform, and responsibility for the registered contents (without this list being limitative) also applies to the User.
The User may refer to these Terms of Use for any information and shall prefer the contact of the Customer who gives him access to the Platform rather than the contact of the Provider directly (reserved for the reporting of technical anomalies).
Any User guarantees that he/she is legally competent to enter into the terms of this agreement and what it implies. No User can transfer to a third party his rights or delegate his obligations from the Terms of Use, without the prior written consent of the Provider.
SAS Vianeo reserves the right to modify the present Terms of Use at any time and without the explicit consent of the User, especially in case of an update on the Platform. However, all means will be used to inform each User of any important change that may affect his experience on the Platform.
These Terms of Use shall remain in effect until the Customer’s subscription authorizing access to the User expires or terminates, or the User’s access to the Services is terminated by the Customer or the Provider.
Cancellation of any provision of the Terms of Service shall not result in cancellation of the Terms of Service as a whole.
2/ Confidentiality
The confidentiality of the User’s data is essential for Vianeo. In order to use the Application Services on the Platform, the User must create a Profile with a login and a password. The User accepts in this context to be solely responsible for maintaining the confidentiality of his login and password as well as all activities under his account.
By registering on the Platform, the User accepts :
- that his account and password are personal to him and cannot be used by anyone else ;
- not to do anything that would help anyone who is not an authorized User to access the Platform;
- to immediately notify technical support if he/she becomes aware of any unauthorized use of his/her password or credentials by a third party (and to change them immediately).
The Provider shall not be liable for any material or immaterial damage resulting from the use of the account by a third party, with or without the User’s authorization.
Please refer to the Data protection section for additional information regarding the collection, use and release of personal data collected by the Publisher.
3/ Use of the Platform
3.1 Good operation of the Platform
The Service Provider undertakes to use all means to provide constant and uninterrupted access to the Platform but does not assume any obligation of result. Any suspension, interruption or slowdown not attributable to the Platform but to the User’s network or to any virus infecting the User’s computer or network is not the responsibility of the Provider. The Provider also declines any responsibility for any loss of profit or revenue or for any indirect damage related to such computer problem.
The Service Provider excludes any liability for any error caused by an internal problem of the User’s network. It is the User’s responsibility to protect himself against such risks and to secure his networks.
The Provider is responsible for the corrective and evolutionary maintenance of the Platform’s application services. It undertakes to diagnose the anomaly and then to put all the means at its disposal for its correction or a workaround as soon as possible.
If a corrective or upgrade requires the interruption of the service, the Provider will inform the Customer five (5) days in advance. The Provider shall inform its Users.
3.2 Platform Operation Rules
The User is solely responsible for his own communications to and from the Platform and for any content posted and/or sent to and from his account. Regardless of whether the communications are stored under his account, for all activities occurring under his account (even when the content is posted by others with access to his account), and more generally for any consequences emanating therefrom. User agrees to operate the Platform in accordance with all applicable local, state, national and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from its country of residence. User shall not agree, authorize or encourage any third party to:
use the Platform to import, store, transmit or otherwise distribute content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, terrorist, child pornographic, virus-containing or in any other way reasonably objectionable to the Publisher and/or the law;
prevent other users from using the Platform; and/or
use the Platform for any fraudulent or improper purpose.
The Provider reserves the right to use all necessary means against Users who do not comply with these terms. The violation of one of these rules can for example lead to the immediate termination of the Vianeo account of the User concerned. It also exposes its author to penal sanctions. The Service Provider will comply with any request justified by the law or any legal proceedings, to provide all documents, codes, IP address … that would be useful to the demonstration of the truth.
4/ Content of the Platform and Intellectual Property Rights
4.1 Property of Vianeo
The User agrees to respect the intellectual property rights that may protect any distinctive signs of the Customer or the Provider (brand, logo, designs, trade name, domain name) or any other intellectual creation protected by copyright (database, writing, software), in the use he will make of the Platform.
The visual interfaces, graphics, design, compilations, information, computer code (including source code or object code), products, services and any other element of Vianeo, owned and provided by Vianeo are protected by copyright as provided by the French Code of Intellectual Property. This is the case for the Platform as a whole.
The trademarks, logos, product names and services present on the Platform are registered trademarks, owned by Vianeo, and protected by the French Code of Intellectual Property. No User may use them in any way whatsoever without the prior consent of the Provider.
No part or element of the Platform may be reproduced in any form or by any means whatsoever. However, Vianeo guarantees to the User that he remains the sole owner of the Content, including text, data, information, images, photographs, music, sound, videos and any other material that he would upload, transmit or store on his Vianeo account.
4.2 Protection of the User’s copyright and personal data
The protection of the privacy of Users is paramount for the Provider. In order to ensure that their rights are respected, the Provider undertakes to provide maximum security when collecting and processing personal data, in compliance with European Regulation nᵒ 2016/679 of 27 April 2016, known as the General Data Protection Regulation (GDPR) and in accordance with Law No. 2018-493 of 20 June 2018 on the protection of personal data, which incorporates its provisions into French law.
As part of the processing on the Platform, the Provider collects, uses and stores Personal Data (which are necessary to personalize the requested support). However, no automated decision or profiling is implemented.
The User is the owner of the content he/she publishes and holds all copyrights on it. However, the User grants the Service Provider the right to use this content in order to provide a personalized service. In this context, the Provider undertakes to protect the integrity, confidentiality and administrative, material and technical security of the User’s personal data.
User data may be used for analytical purposes, but only after being aggregated and anonymized. Under no circumstances may this data be sold, transferred or accessed by third parties who can identify the User in question. Aggregated data is made up of micro-data files and is the result of a combination of different measurements or mathematical operations. They allow us to obtain information on groups that have common characteristics. It is possible to aggregate by location, by characteristics or by time. This aggregated information never identifies individuals personally.
The maximum duration of conservation of cookies by the Provider is 13 months after their first deposit in the User’s terminal, as is the duration of the validity of the User’s consent to the use of these cookies. The lifetime of the cookies is not extended with each visit. The consent of the Client and/or the User must therefore be renewed at the end of this period for the conservation of their cookies.
Once the contractual relationship is terminated for any reason whatsoever, the data associated with the Customer and Users are kept for a period of three (3) months and then deleted in accordance with the right to be forgotten.
By validating his acceptance of the present, the User gives his consent to the collection and processing of his Personal Data. Once informed of the secure processing of his data, the User may at any time exercise the rights provided for by European legislation concerning his data, in particular his right of access, his right to rectify, delete and oppose the processing of his data (by sending an e-mail directly to the address (rgpd@vianeo.com). The User may also withdraw his consent to the processing of his Personal Data by the Provider at any time by contacting the Provider at the same address.
The User acknowledges that if he/she shares his/her data publicly, he/she does so at his/her own initiative and risk.
5/ Disclaimer of Content and Publisher’s Policy
5.1 For content published by the User himself/herself The Provider provides a Platform that allows the use of Application Services in order to submit a project and to develop it. When submitting content or information to the Application Services via its account, the User acknowledges that it has been authorized to create a Profile and add content to it. The User further agrees that such data is the responsibility of the User or the Customer who authorized access. Under no circumstances can this data be the responsibility of the Provider. Indeed, as the Customer has the right to customize certain aspects of the Platform and in particular the right to request data through questionnaires, the Service Provider shall not be responsible for the content of the information requested and given in this context. The resulting liability shall be included in the contractual relationship between the Customer and the User.
Only the information requested from the User by Vianeo during the registration on the Platform and in the generic questionnaire are the responsibility of the Service Provider.
The User also acknowledges that the opinions possibly expressed through his Profile or by other users of the Platform do not reflect in any way those of the Provider, who does not approve any user content. Thus, the Provider has no obligation to pre-screen, monitor, review or edit any User Content posted as part of the Platform’s Application Services.
It is thus the User’s responsibility to ensure that the information it publishes and its use of the Services is not :
- obscene, threatening, harassing, libelous, deceptive, fraudulent, invasive of another’s privacy, offensive or defamatory to any person or illegal; or
- in violation of any patent, trademark, trade secret, copyright or other intellectual property or privacy right of any party or individual.
All Users also agree not to submit content that is deliberately intended to harm other Users. This includes any content intended to harass, degrade or intimidate any individual or group of individuals, particularly on the basis of religion, gender, sexual orientation, race, color, creed, ethnicity, sex, national origin, citizenship, age, marital status, disability or otherwise.
All Users agree not to upload to the Platform or otherwise transmit through it any content containing software viruses or any other computer code, file(s) or program(s) designed to hack, interrupt, destroy, interfere with or limit the functionality included in the Platform.
The Service Provider shall not be liable for any content posted by the User. The liability for such content shall be included in the contractual relationship between the Customer and the Authorized User.
The Provider is not responsible for any third party content (including any viruses or other disabling features). As a Publisher, Vianeo is not obliged to monitor such content. In addition, it reserves the right to remove or refuse to distribute at any time content on the Service if it violates these terms and conditions. The Provider also reserves the right to access, read, preserve and disclose any information or content if it is deemed necessary to :
apply these Terms, including the investigation of potential violations of it ;
detect, prevent or resolve technical, security or fraud problems (including, without limitation, spam filtering);
respond to user requests; or
protect the rights, property or safety of Vianeo, its users or the public.
The Provider shall not be liable for the exercise or non-exercise of its rights.
5.2 For content published by other Users When using the Platform, the User may be exposed to Content coming from various sources. The Provider is in no way responsible for the legality, accuracy, usefulness and/or intellectual property rights in connection with such Content. The User who has been exposed to inaccurate, offensive, indecent or objectionable Content, agrees to waive any recourse against Vianeo. The responsibility of the Publisher of a website on which the content posted by the Users is free cannot be called into question for such illegal messages, unless he had knowledge of the said Content before it was posted online or that it was brought to his attention once posted online and he did not remove it promptly. As the Publisher does not endorse any Content, opinion, recommendation or advice expressed, it cannot be held responsible for any illegal content that does not originate from the Platform as such. However, Vianeo as Publisher will do its best to avoid that any inappropriate content is published and to remove as soon as possible such illegal content if it is published. Any third party or User publishing such content will be solely responsible and will also be exposed to possible criminal prosecution. Once the Content is removed without the Editor having to notify the User, the latter will be informed of the consequences (e.g. deletion of profile). Vianeo reserves the right to terminate the User’s access to the Vianeo site if he violates the present General Conditions.
6/ Improper Activities and Application of Policies
All Users undertake to use the Platform and its Application Services without attempting to bypass the technical security and protection devices. They undertake not to disrupt or paralyze the operation of the Platform and its Services. The User who is found to be responsible for the infection of all or part of the Platform by viruses, worms, Trojan horses, logic bombs or any other disruptive technical device, undertakes to assume all the consequences, in particular financial, with regard to the Technical Administrator or any third party deemed to be the victim. The Technical Administrator or the Service Provider shall not be held liable for the same reasons of computer infection.
By agreeing to these Terms and Conditions, the User agrees not to, except as expressly permitted:
Attempt to gain unauthorized access to the Platform;
Impersonate any person or entity on the Platform;
Access the Platform to create a similar or competitive service by copying ideas, features, functions or graphics;
Use the Platform for any other purpose than accessing and using Vianeo and other services offered by Vianeo;
Share his unique identifier with several people. The User’s ID can only be used by one person (who can create separate IDs for other Profiles if he wishes);
Blocking advertisements if he is not a free account user;
Impersonate any person or entity, falsely claim affiliation with a person or entity, or access the Vianeo accounts of other Users without permission, forge a signature or digital identity of another person, misrepresent the source, identity or content of information transmitted via Vianeo, or perform any similar fraudulent activity;
Make unsolicited offers, advertisements, proposals, send junk mail or spam other Users. This includes, but is not limited to, junk mail, promotional content, or other solicitation material, mass mailing of commercial advertisements, chain letters, informational announcements, charity requests and petitions for signatures;
Use contact information or other information obtained from the Platform (including email addresses) to contact other Users without their express permission to create or distribute mailing lists or other collections of information outside the Services; or
Defame, harass, abuse, threaten, or defraud other Vianeo Users or collect or attempt to collect personal information about Users or third parties without their consent;
Sub-license or resell the Platform Services;
Use the Platform without being legally competent to do so;
Remove, bypass, disable, damage or interfere with the security features of the Vianeo Platform or the User Content, those that prevent or restrict the use or copying of any content accessible through the Vianeo Platform or that apply limitations on the use of the Vianeo Platform or the User Content;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Vianeo or any other integral part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Modify, adapt, translate or create derivative works based on Vianeo or any integral part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Intentionally interfere with or damage the operation of Vianeo or any other user’s enjoyment of Vianeo by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code;
Use any robot, spider or other automatic means to access Vianeo for any purpose, circumvent any security measure that Vianeo may use to prevent or restrict access to Vianeo;
Interfere with or disrupt Vianeo, servers or networks connected to Vianeo or disobey any requirements, procedures, policies or regulations of networks connected to Vianeo.
Allow, permit, induce or encourage any third party to engage in any of the actions described above.
The Provider reserves the right to modify, suspend or discontinue the Services (any part of their content) at any time, with or without notice, if the User fails to comply with the obligations of this section, without incurring any liability.
7/ Indemnification and liability of the User
In case of misuse of the Platform by the User that would expose Vianeo to claims, demands, lawsuits, costs, damages and expenses, including, but not limited to, attorney’s fees and out-of-court settlements, the Service Provider may take legal action against the User who is at the origin of the misuse due to:
a non-conforming use of the Vianeo website ;
a breach, alleged breach or violation of the foregoing warranties, representations and covenants;
any violation of a third party’s rights resulting from the User Content submitted by the User;
any claim that User Content submitted by the User has caused damage to a third party;
any other violation of these Terms and Conditions.
In the event of legal and financial proceedings, the Service Provider will not hesitate to use any other prerogative in its power to take recourse action against the malicious User at the origin of the proceedings.
8/ Limitations of liability
In the context of the use of the Platform
The use of the Platform is at the sole risk of the User. The Provider assumes no responsibility for: – Any errors, mistakes or inaccuracies in the content of the website; – Any damage or harm, of any kind, resulting from access to and use of Vianeo; – Any bugs, viruses, Trojan horses, or worms that may be transmitted to or through the Vianeo website by a third party; and/or – Any errors or omissions in the content or for any loss or damage of any kind that may occur as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform. The Provider does not endorse, approve, guarantee, or assume responsibility for any product or service published or offered by a third party through the Platform or any site accessible by hyperlink or featured in any banner or other advertisement on the Platform. The Provider is also not responsible in any way for the security of transactions between a User and third party service or product providers.
In case of damage resulting from the use of the Platform
User agrees not to hold the Provider, its members, directors, employees and agents liable for any loss or damage as a result of:
Any error, mistake, or inaccuracy of content ;
Any personal injury or damage of any kind resulting from access to the Platform;
Any interruption or cessation of transmission from or to Vianeo;
Any bug, virus, Trojan horse, or worm that could be transmitted to or through the Vianeo site by a third party; and/or
Any error or omission in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Platform.
The limitation or exclusion of warranties, remedies or liability contained in these Terms and Conditions shall apply to User in full to the extent such limitations or exclusions are permitted by law.
In case of force majeure
In the event of non-performance of any of its contractual obligations, the party liable for such obligation shall not be considered to be in default or liable for compensation if performance of the obligation has been rendered impossible by force majeure. Force majeure is defined in Article 1218 of the Civil Code.
In the context of the relationship between the Customer and the User
The User accepts that it is the sole responsibility of the Customer to :
inform him of any parameter that may have an impact on the processing of his data;
obtain from the User all the rights, authorizations or consents necessary for the legal use of his/her data and the operation of the services;
ensure that the transfer and processing of his data requested by the Customer are lawful;
respond to and resolve any dispute with Customer regarding Customer’s data, the Application Services or Customer’s failure to comply with these obligations.
9/ Resiliation
The User is free to stop accessing the Platform and/or terminate his account at any time, with or without cause, simply by notifying the Provider at the following address : contact@vianeo.com. However, a terminated account may continue to exist for a reasonable period of time (not to exceed three months) while Provider completes the termination process. User may terminate his or her account ONLY in the manner set forth above in this section. In case of termination, the account will be inaccessible and it will no longer be possible to access it, as well as any document or other content that was contained in it (although residual copies of the information and Content will be kept in the Vianeo system, without affecting the User’s Personal Data).
If a User does not comply with these Terms of Use, the Provider reserves the right to cancel his access to the Services immediately and without notice. The User’s Profile will be deleted and the User will be notified by email.
10/ Modification of the GTC
The current and applicable version of the GTC is the one that appears online on the Vianeo website and on the Platform. However, the Provider is free to modify or revise these Terms and Conditions at any time. In case of additional guidelines or rules, these are included by default and applicable. If a modification is of a nature to change the User’s experience on the Website, it will be notified by email, post or publication and applicable twenty-four (24) hours later. By using the Platform, User agrees to be bound by any such revisions. In case of visible non-acceptance or observed behavior not in compliance with the present, the Platform will no longer be accessible to the User concerned.
11/ Applicable law and jurisdiction in case of dispute
The language of the present contract is French, even in cases where a translation would be produced for a better understanding of the contractual documents. French law is therefore the law applicable to all the clauses stipulated herein. In the event of a dispute relating to the formation, interpretation or execution of the present contract, and if the prior attempt to reach an amicable resolution has failed, the Commercial Court of Grasse (06130) is expressly given jurisdiction, even in the case of summary proceedings, a clause to the contrary, an incidental claim, a guarantee appeal or an expert opinion.
With a view to finding a solution to any dispute relating to the formation, interpretation or performance of the present Agreement that may arise during the performance of the Agreement, the Parties agree to meet within thirty (30) days of receipt of a registered letter with acknowledgement of receipt sent by one of the two Parties, in order to attempt an amicable resolution. IF AT THE END OF A FIFTEEN DAYS, THE PARTIES DO NOT AGREE ON A COMPROMISE OR A SOLUTION, the Commercial Court of Grasse (06130) shall be the sole competent court, even in the event of summary proceedings, a clause to the contrary, an incidental claim, a guarantee call or an expertise.
12/ Operating System Requirements Web browser:
Microsoft Edge or higher (Windows only);
Firefox, only the latest two versions (Windows and Mac) ;
Safari, only the latest two versions (Mac only);
Google Chrome, only the latest two versions (Windows and Mac);
The Service Provider requires cookies and JavaScript to be enabled to function properly.
13/ Acceptance of these Terms of Use
By subscribing to and using the Platform and/or all Application Services, the User declares that he/she has read and accepted without reservation the current version of these Terms of Use.
Our online Data Protection Policy and Legal Notice are deemed to be incorporated into the Terms of Use.
If you have any questions or require additional information, we recommend that you refer to the FAQ or contact the Provider’s support team support@vianeo.com.