General Terms and Conditions of Use of the Citadel Team Service
February 22, 2021
Preliminary purpose: if you have subscribed to the Citadel Team Service with an email domain name for which a subscription exists, in case of contradictions, the conditions agreed between the Customer and Thales prevails under these conditions of Use, for the duration of the subscription.
This undertaking relates to the general terms and conditions of use of the Citadel Team Service (the " Undertaking "). The Citadel Team Service is developed by THALES SIX GTS France SASU, a company with a capital of
163,949,805 euros and whose registered office is located at 4 avenue des Louvresses, 92230 GENNEVILLIERS, identified under the number 383 470 937 RCS Nanterre (the " Service Provider "). The Citadel Team Service is available directly from the Service Provider or a third party (the " Reseller ") in particular on Apple Store or Play Store. The Citadel Team Service is available either (i) in the form of a subscription paid by a customer (" Customer " or " customer ") to the Service Provider or the Reseller for the benefit of its users or (ii) free of charge for basic services.
You (or the " User ") expressly acknowledge that you have read the terms and conditions set out below and accept unreservedly to be bound by these Terms of Use.
Under the Undertaking,
- for the duration of the contractual relationship (it being specified that this is created as from the User’s acceptance of these terms and conditions), you are granted a right of personal, revocable, non-exclusive, non-transferable and non-assignable use of the Citadel Team Service; and
- you acknowledge and agree that you have read the Undertaking and are informed that the Citadel Team Service is protected by the Service Provider’s intellectual property rights; and
- any use of your equipment and the Citadel Team Service is strictly limited to use that is non-commercial, normal and customary, in accordance with applicable local laws and regulations; and
- you represent that you are an adult and able to enter into a valid contract in accordance with the law and case law in force; and
- you are responsible for the content that you distribute, use and/or transfer, and you undertake in this respect not to use the Citadel Team Service in any way contrary to the applicable regulations; and
- any fraudulent, abusive or excessive use of the Citadel Team Service is prohibited; and
- any use or operation of the Citadel Team Service that may harm you or disrupt the use for another User or another customer of the Service Provider or Reseller is prohibited; and
- any falsification of the logins (header of requests, authentication token, etc.) or usurpation in any way whatsoever of an identity is prohibited; and
- you undertake to ensure that the content and/or hosting and/or dissemination thereof do not constitute:
- a violation of public order and morality, in particular through the provocation of crimes and offences, incitement to racial hatred or suicide, the apology of crimes against humanity or elements of child pornography, and that all violent or pornographic content is not likely to be accessible to minors;
- infringement of third party rights, in particular (i) infringement of intellectual property rights of third parties, (ii) harm to persons (including defamation, insults, slurs, etc.) and respect for privacy; and
- you are reminded that under the laws in force, the Service Provider is not subject to a general obligation to monitor the content it hosts, or to a general obligation to search for facts or circumstances that reveal illegal activities. However, in accordance with the regulations in force, the Service Provider may be required to remove all manifestly unlawful content transmitted and/or stored via the Citadel Team Service as soon as it becomes aware thereof, and to communicate the User’s identification information on request from the judicial and/or administrative authority; and
- you have no right to duplicate, reproduce, translate, modify, adapt or correct the Citadel Team Service and/or update, improve, create derivative works or even disclose results of tests or technical comparisons or performance tests on the Citadel Team Service with those of third parties; and
- you are not authorized, directly or indirectly, to share, rent, rent in the form of a lease, sell, transfer, sub-license, export or re-export the Citadel Team Service in any way whatsoever to a third-party without the express and formal agreement of the Service Provider; and
- you also undertake to refrain from, directly or indirectly, disassembling, reverse engineering or decompiling (i) the application software used by the Service Provider to provide you with the Citadel Team Service and/or (ii) the Citadel Team Service or to access the source code of the application software/the Citadel Team Service in any way; and
- you are not authorized to erase, remove or tamper with any marking for copyright, patent, trademark or any other intellectual property right and/or any proprietary or proprietary statement or markings that may appear on the Citadel Team Service; and
- you acknowledge and expressly accept that the Service Provider is and remains the owner of the Citadel Team Service and that no title or right of ownership is granted to you under the Undertaking; in this respect, you acknowledge that the Citadel Team Service is protected by intellectual property rights including in particular copyright, patents and trademarks; and
- except in the event of a new commitment relating to the general terms and conditions of use of the Citadel Team Service provided on the occasion of an update or a new version of the Citadel Team Service, you acknowledge that any update or new version of the Citadel Team Service provided to you shall be governed by the same terms and conditions as those of the Undertaking; and
- you are informed that the Citadel Team Service is designed to protect sensitive and non-classified communications and data and that in this respect you agree to bear sole liability for the analysis and to check the adequacy of the level of protection required by your data and communications with the above level provided by the Citadel Team Service; and
- the right of use of the Citadel Team Service described in paragraph a) is granted to you for the duration of the contractual relationship, provided that:
- the contractual relationship may end at any time either:
- upon decision of the Service Provider and/or the Customer in the event of any breach by the User of any provision of the Undertaking;
- at the end of the subscription / Undertaking required by the User;
- after inactivity period from more than twelve (12) months;
- in the case of a subscription has been subscribed by Customer the contractual relationship and the subscription may end at any time either:
- in case of breach of payment of the Customer regarding the subscription;
- at the expiration or termination of the subscription;
- upon request for subscription’s termination from the Customer;
- in the case of a free use subscription of the Citadel Team Service, Service Provider may terminate at any time the contractual relationship and the subscription, subject to a notice period of one (1) month, without compensation for the User; and
- you acknowledge and accept that the content of the exchanged data and the sharing of such data during the use of the Citadel Team Service are under your sole liability, and the rules for the management of the communities are set by the Users of the Citadel Team Service without intervention by the Service Provider; moreover, it is your responsibility to check that the environment in which the Citadel Team Service is used (network used, equipment, etc.) is compatible and compliant with the constraints of use; and
- within the limits set by applicable law, under no circumstances shall the Service Provider be liable for any indirect damage without limitation; and
- the protection of your personal data is of high importance to the Service Provider. The Privacy Notice explaining the processing activities and their purposes can be found here; and
- the Service Provider reserves the right to immediately and without prior notice suspend the User’s access to the Citadel Team Service if it has been informed of a failure to comply with the regulations in force or the provisions of this article; and
- the Undertaking is governed by and construed in accordance with the laws of the French Republic to the exclusion of any conflict of law.