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Terms of Service

Date: November 28, 2018

These Terms of Service (the “Terms” ) are a legal agreement between you (as the user) and Moventes SAS (“Moventes” , “Service provider” , “we” , “our” , or “us” ), a private company registered under the Laws of France with company number FR47811962794, having its registered address situated at 6 rue Rose Dieng-Kuntz, 44300 Nantes, that governs your use of the bruit (https://bruit.io) website, the web application, the bruit.io api, and all other related services that Moventes provides (collectively the "Services") through our website, our web application, our api, our code snippets, or through other channels.

Moventes reserves all rights to change or update these Terms at any moment, by posting on the Moventes website or by providing any other notice. Your rights under these Terms will be subject to the most current version posted on the Website at the time of use.

PLEASE READ THESE CONDITIONS. BY SUBSCRIBING TO THE SERVICES OR BY ACCESSING THE WEBSITE, THE WEB APP, OUR API OR OUR SNIPPETS, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE LATEST VERSION OF THE AGREEMENT BEING THE FOLLOWING DOCUMENTS, LISTED BY ORDER OF PRIORITY.

1. Definition

  1. Terms” means these Terms of Service.
  2. Agreement”  means the agreement between Moventes SAS (Moventes) and you (the user) to the Moventes Terms of Service
  3. Applicable Law”  means the laws to which Moventes is subject, the Laws of France, where Moventes is incorporated and the Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), and any other laws as may be applicable from time to time.
  4. Data”  means content, personal data, and confidential Information relating to your business, some of which may not be publicly available, including but not limited to technical and commercial information concerning your, or any of your parent company’s or subsidiaries’, business, systems, processes, software and services, as the case may be.
  5. Services”  means the Moventes solutions that are hosted on the servers and/or cloud that Service provider designates. The Services offers various features, including, but not limited to, gathering feedback inside websites, web apps and mobile applications, collecting technical data from user device & visual screenshots, parsing received datas into processible feedbacks, and sending the responses into your linked tools. Moventes expressly reserves the right, at any time during the term of the Agreement, to adapt, arrange and/or modify any of the components granting access and user rights to the Services and the associated documentation, provided that the maintenance are complied with for these operations. Similarly, Moventes may, at any time, discontinue providing a platform deemed undesirable and/or obsolete and migrate services to a new infrastructure; in which case, Moventes will endeavor to inform you as early as possible and invite you to migrate to another infrastructure.
  6. Confidential Information”  means all information provided by you or us (the “Disclosing Party” ), to the other party (the “Receiving Party” ), whether orally or in writing, which information is designated as being confidential. Provided that for all intents and purposes, Confidential Information shall not be construed to include any information that is (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by the Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by the Receiving Party with the Disclosing Party's prior written approval.
  7. Intellectual Property Rights”  means the copyright, including the moral and related rights, rights to use, literary works, designs, databases or any other copyright protected works, patents, trade names, protected business identifiers, utility models and trademarks, and all other industrial and intellectual property rights, in each case whether registered or unregistered, which currently subsist, or will subsist, now or in the future, in any part of the world.
  8. Website/s”  means the website bruit.io, in addition to any sub-pages that are integrated within this website.
  9. Third Party/ies”  means any persons, whether legal or natural, which are neither you nor Moventes.
  10. You”  / “Your”  / “User”  means a person, whether natural or legal, acting in the course of a trade or business, and who agrees to be bound by the terms contained in this Agreement.

2. Use of Service

You acknowledge that you have read our Terms and Conditions, Privacy Policy, and that you subscribe to the Services in full knowledge of all their terms. You shall be responsible for ensuring that your users also comply with all the terms.

You undertake to use the information solely for your own needs, on a professional use, or the needs of your contracting entity.

When you use the bruit API, you shall be responsible for your usage of bruit and shall limit your API calls to a reasonable volume. Moventes reserves the right to define and update this volume of API calls and to take any necessary action to address any improper use.

You subscribe to the Services in your name and on your behalf, and you are not entitled to send via our Services promotional emails for a third-party, nor to assign the use of all or part of the Services to your own customers, even for free.

You will not interfere with or disrupt operation of the Services and you will comply with the Terms and Conditions in this Agreement for access to and use of the Services.

You shall not use the Services for unacceptable usage listed in the bruit Terms of Service. Moventes reserves the right to take any necessary action to address any improper and unacceptable use of the Services.

Unacceptable usage includes but is not limited to:

  1. use our Service as a solution for emergency calls of any nature and purpose
  2. sites containing or promoting pirated software
  3. sites containing adult-oriented content
  4. sites containing or promoting hacker programs or archives
  5. sites containing illegal material
  6. sites containing copyrighted material
  7. sites containing material we judge to be threatening or obscene
  8. sites containing material protected by trade secret and other statute

The subscriber agrees to indemnify and hold Moventes harmless from any claims resulting from the use of our services which damages the subscriber or any other party.

NOTICE: IF YOUR API KEY IS FOUND TO BE USED FOR ILLEGAL ACTIVITY, IT WILL BE UNACTIVATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, MOVENTES WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

3. Subscription

We offer a free subscription plan based on a unique bruit api key and a unique destination email by project.

Other subscription types may be added from time to time.

4. Registration and data storage

The use of our Service doesn’t require that you create an account.

We only store strictly necessary informations, in order to associate your project api key and its destination email, to protect it from unwanted changes, and allow you to securely change it. Hence, will we only require a destination email, provide you a bruit api key and a private key, and propose you to enter a personnal email.

According to our Privacy Policy, we only store those minimalistic informations and save, store or exploit no data from your feedbacks. Nevertheless, we count the number of projects using bruit and the number feedbacks collected, for statistical, communication and use quantitative monitoring purposes.

You shall keep confidential and secure your private key as it is your only way to change the email associated with your bruit api key.

5. Rights

Except as otherwise stated, all rights and interest in the Site and/or the Services and any content contained is the exclusive property of Moventes SAS. Unless otherwise specified, the Services are for your limited use only.

Moventes does not store your data nor your feedbacks and doesn’t process it more than what’s strictly necessary to perform the Services.

6. Warranties

Moventes guarantees that:

  1. The Intellectual Property Rights (including all copyright, trademarks, design rights, Service marks, whether registered or unregistered) in any material provided by Moventes as part of the site and/or the services do not, to the best of Moventes’s knowledge, infringe on any Third Party Intellectual Property Rights;
  2. Moventes will only use your data in accordance with this Agreement, including its annexes;

You agree to comply with all applicable laws and regulations applicable to you when using our Services. You agree to provide a legally adequate privacy policy that accurately discloses your practices with respect to the collection, use, and disclosure of personal data, including personal data collected through your use of our Services.

You are responsible for determining whether you are subject to any sector-specific privacy laws or regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach Bliley Act (GLBA), the Family Education Rights and Privacy Act (FERPA), or any law concerning the privacy of any collected personal information or other laws as may be applicable to you. If you are subject to specific laws or regulations, you represent and guarantee that your use of our Services will be in accordance with such laws or regulations. Moventes will not be held liable for your failure to provide a legally adequate privacy policy or if our Services does not meet the requirements imposed by any privacy laws or regulations to which you are subject.

If you are located in the European Economic Area (EEA) or have any visitors from the EEA, You represent and guarantee that you are using the Services in accordance with the GDPR, including that you:

  1. will clearly describe how you plan on using any data processed, including for your use of our Services.
  2. will comply with all regulations, as well as data protection, electronic communication, and privacy laws that apply;
  3. have processed all data relating to any individual in compliance with all data protection laws and regulations; and
  4. agree to indemnify and hold Moventes harmless from any losses, including attorney fees, that result from your breach of any part of these warranties;

You agree, in connection with your use of our Services, to comply with all applicable export and re-export control laws and regulations.

7. Limitation of Liability

Moventes shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Moventes's servers going offline or being unavailable for any reason whatsoever. Furthermore, Moventes shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any data from Moventes's servers. Damages shall be limited to the immediate termination of Services.

8. Deletion of your api key

bruit api keys are created without any fixed-term and on a one to one basis with a single destination.

You can ask for the deletion of your api key by contacting us.

We might have to suppress your api key due to abuse with regard to those Terms of Service, including but not limited to abuse in regard of Use of Service.

9. Data Retention

Moventes does not store data, excepted data listed in 4. Registration and data storage.

10. Abuse

Any attempt to undermine or cause harm to a server/s or client/s of Moventes is strictly prohibited. Moventes expressly reserves the right to deactivate or suspend projects in cases when improper or abusive api key use is detected.

11. Cancelation of Service

We reserve the right, at our sole discretion, to cancel or suspend Services.

12. Disclaimer

Moventes cannot be held liable for system down time, crashes or data loss. Moventes cannot be held liable for any estimated profits which a client would have gained at any time during Moventes’s downtime. Some of the equipment, routing, software and programming used by Moventes are not directly owned or written by Moventes. Moreover, Moventes holds no responsibility for the use of our clients' api keys.

13. Server Uptime Guarantee

We try our best to maintain an excellent reliability. However, we do not offer an uptime guarantee. Maintenance or hardware and software upgrades may result in downtimes.

14. Changes to our Terms of Service

Moventes reserves the right to amend any or all of the above Terms of Service, Policies, guidelines and disclaimers without notification. Any future changes to our Terms of Service will be posted on this page with an updated Terms of Service modification date below.

The Terms of Service were last modified on November 28, 2018.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS.

Moventes

Data Protection Officer
Pierre Emmanuel Dubreuil
contact@moventes.com

6 rue Rose Dieng-Kuntz
44300 Nantes
FRANCE
see bruit-io webcomponent repo on github Open Source
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