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General terms of use

Terms of use of the Software Solution

 

Last update: December 2022

 

1. Legal notice

 

​1.1.     The BusinessTax Advisor or Enterprise software solution (hereinafter the "Software Solution") is published by BUSINESS TAX, a simplified joint stock company with a share capital of €235,000, registered in the Trade and Companies Register of Paris under number 853 267 177, VAT number : FR 61 853 267 177 and whose head office is located at 75 boulevard Haussmann in Paris (75008) (hereinafter the "Company").

 

1.2.     The Company can be contacted by email at the following address: hello@businesstax.io.

1.3.     The Editorial Director is Mr. Sacha Hodzaj in his capacity as President of the Company.

 

1.4.     The Software Solution is hosted by Microsoft Azure France located at 37 quai du Président Roosevelt in Issy-les-Moulineaux (92130), France.

 

1.5.     Microsoft Azure France can be contacted at the following telephone number: +33 (0)9 70 01 90 90.​​​​​

2. Acceptance of the general Terms of Use​

 

2.1.     The purpose of this document is to define the terms and conditions (hereinafter the "Terms of Use" or "TOU") under which users (hereinafter the "Users") can use the Software Solution.

 

2.2.     The use of the Software Solution implies full and unreserved acceptance of the conditions included in these TOU.​

3. Use of the Software Solution

 

3.1.     Prior to any use of the Software Solution, the User must ensure that he has the technical and computer means to use the Software Solution. He must also ensure that devices, used to access the Software Solution, are up-to-date, does not contain any viruses and meet the technical configurations of the Software Solution.

 

3.2.     The Company reserves the right to modify, edit, delete, add or change, in whole or in part, any content (hereinafter the "Content(s)") appearing on the Software Solution or displayed on it.

 

3.3.     The Company reserves the right to delete, change or modify the Software Solution and/or the Content at any time.

4. User obligations​

 

4.1.     By using the Website, Users agree:

 

  • not to use the Software Solution in connection with illegal activities and/or any other activities that are contrary to the present TOU or the public decency;

 

  • not to use the Software Solution for the publication of abusive, defamatory, harassing, inappropriate, obscene, pornographic or threatening content, and/or infringing on the privacy of others;

 

  • not to sell, copy, reproduce, display, modify, create derivative works, transmit, or sublicense or in any other way exploit any part of copyrighted material, information and Content, in part or in whole, provided on the Software Solution and/or to allow any third party to use or have access to the Software Solution for any purpose whatsoever or to decompile, reverse engineer, disassemble, modify, display in a form readable by the User, attempt to discover any source code or use any software activating or comprising any part of the Software Solution;

 

  • to respect other Users;

 

  • not to collect and store personal data about other Users, for any purpose;

 

  • not to disseminate any content that advocates crimes or violence; incitement to discrimination, racial hatred, or which is contrary to the applicable laws and regulations, this TOU, morality and/or public order;

 

  • not to disseminate information of an ideological, religious, political or ethnic nature;

 

  • not to disseminate content that is likely to endanger minors, in particular the content with violent or pornographic nature;

 

  • not to attempt to mislead other Users by usurping the name or pseudonym of other persons;

 

  • not to post, broadcast, send through email or in any other way transmit any material that infringes any patent, trademark, trade secret, intellectual property right or other proprietary right belonging to others;

 

  • not to post, e-mail or in any other way transmit any unsolicited or unauthorized advertising or promotional material (including "spam" or any other form of solicitation);

 

  • not to use the Software Solution for abusive purposes by voluntary introducing viruses or any other malicious program and not to attempt to gain unauthorized access to the Software Solution;

 

  • not to defame the Software Solution and/or the Company and/or other Users on social networks or any other means of communication.

4.2.     The Company reserves the right to restrict the Users, either temporarily or permanently, from the access, navigation, download the content and/or use of the Software Solution, as well as to take any legal action against them, if the Company considers that Users are in breach with the current TOS.​

5. Accuracy and lawfulness of information

 

5.1.     Each User guarantees that all the information he provides about him is adequate, accurate, up-to-date and complete. The User also undertakes to update it regularly.

 

5.2.     The User acknowledges  that the Company does not have the material means to verify the accuracy of all the information present on the Software Solution.

 

5.3.     The Company cannot therefore be held liable in case of identity theft, or if the information mentioned is false or misleading.

5.4.     The Company does not guarantee the relevance, legality, integrity or quality of the information transmitted by Users.

6. Intellectual property

 

6.1.     By accessing the Software Solution, Users expressly acknowledge that the Software Solution and any Content displayed on it, including images, photographs, designs, graphics, drawings, templates, layouts, logos, trademarks, texts, etc., are the exclusive property of the Company and are protected by the French Intellectual Property Code as well as by applicable international treaties and agreements relating to the protection of intellectual property rights. As such, they shall not be reproduced without the prior written authorization from the Company, under penalty of civil and/or criminal prosecution.

 

6.2.     The Company is the sole owner of all rights, including intellectual property and trademark rights, for the Software Solution and for any and all, including but not limiting to the copyrights, design rights, trademarks, trade names, company names, domain names, technology, know-how, processes, formulas, source codes and executable codes, data and similar rights, including information relating to any application, registration or renewal thereof that may be protected by the intellectual property laws, regulations or rules of any country.

 

6.3.     The Company grants a non-exclusive license to Users to use the Software Solution and its Contents strictly in accordance with these TOU.

 

6.4.     Any reproduction, representation, adaptation, exploitation, distribution, broadcasting, commercial use, translation, arrangement, transformation, creation of derivative or composite works of Content appearing on the Software Solution, in whole or in part and by any means, currently available or that will be available in the future, is expressly prohibited. These acts constitute acts of counterfeiting, punishable under criminal and civil law, entailing the liability of their author.

 

6.5.     The systematic and repeated unlawful use of information and Contents appearing on the Software Solution is strictly prohibited and sanctioned under the intellectual property law and the sui generis right of databases. Such actions may engage the civil and criminal responsibility of its author.

7. Limitation of liability

 

7.1.     The Company shall not be held liable for any damage, direct or indirect, resulting from fraudulent actions of a third party, beyond the control of the Company, resulting in the modification or alteration of the information/Content appearing on the Software Solution or prejudice to any User of this Software Solution; nor for any damage, regardless cause, origins, nature or consequences, resulting from anyone's access to the Software Solution or the impossibility of accessing to it outside the Company's control.

 

7.2.     The Company shall not be held liable for any technical problems or failures related to phone networks, online computer systems, servers, Internet access providers, computer hardware and/or software of Users.​

8. Information relating to Trademarks

 

8.1.     "Business Tax" and all trademarks and logos belonging to the Company are protected by French intellectual property law (hereinafter collectively referred to as the "Trademarks").

8.2.     Unless expressly authorized in writing by the Company, the User is prohibited from using, registering, or disseminating the Trademarks in any manner and for any reason. This prohibition applies to all content reproducing the Companies Trademarks, such as, but not limited to: corporate names, trade names, signs, domain names, designs, etc.​

9. Personal data protection

 

9.1.     The information relating to the protection of personal data are set out in the Privacy Policy available on the Software Solution.

10. Applicable law and jurisdiction

10.1.     These TOU are governed by and interpreted in accordance with the French law, without prejudices to the regulations applicable in the event of conflicts of laws.

 

10.2.     In the event of a dispute that may arise during the interpretation and/or execution of these TOU or in connection with them, the competent courts will be those determined by the Code of Civil Procedure.​

11. Language

 

11.1.     The present TOU are written in English language for informational purposes.

 

11.2.     In the event of collision of definitions, the French version shall prevail.​

12. Contact

 

12.1.     The Company can be contacted by email at the following address: hello@businesstax.io.

12.2.     The Company can be contacted by mail at the following postal address: 75 boulevard Haussmann, 75008, Paris.

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