Terms of services

LAST UPDATED :
19 MARS 2021

 

1. Purpose

The company POMMINE AB (hereinafter : “ POMMINE AB ”) operates an application aimed at raising awareness of the environmental commitments of company employees (hereinafter : “ the Platform ”).

As such, the Platform allows companies in particular to place their employees at the heart of environmental actions, involve them in eco-challenges and enable them to understand the impact of their commitments.

These general conditions (hereinafter : the “ General Conditions ”) apply without restriction or reservation to the terms and conditions of use of the services offered by POMMINE AB (hereinafter : the “ Services ”). Their purpose is to define the terms and conditions for the provision of services for the benefit of the customer identified in the quote (s) referred to in article 2 (hereinafter the “ Customer ”).

They constitute them, together with the estimate (s) (hereinafter : the ” Estimate “), an inseparable contractual whole (hereinafter : the ” Contract “).

In the event of a contradiction, the provisions of the Quote (s) prevail over these General Conditions. In the event of a conflict between different Quotes, the most recent document prevails over the oldest.

The Contract prevails over all other general or specific conditions not expressly approved by POMMINE AB.

 

2. Operator of the Platform and Services, contact

The Platform and the Services are operated by POMMINE AB, a company incorporated under Swedish law registered under number 559230-1617, whose registered office is located at 112 Drottninggatan ,
113 60 Stockholm, Sweden.

POMMINE AB can be contacted at the following address: contact@pommine.com.

 

3. Access to the Platform and the Services

3.1 Legal capacity

The Platform and the Services are accessible:

– To any natural person having full legal capacity to engage under these General Conditions. A natural person who does not have full legal capacity can only access the Platform and the Services with the consent of his legal representative.

– To any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.

3.2 Solution and Services for professionals

The Platform and the Services are intended exclusively for professionals, understood as all natural or legal persons exercising a remunerated activity on a non-occasional basis in all sectors of activity of industry and commerce.

4. Ordering of Services and acceptance of the General Conditions

4.1 Prior to any performance of the Services, it is the Customer’s responsibility to provide POMMINE AB with the useful information and documents to enable it to identify its needs and expectations. POMMINE AB will establish one or more Quotes on this basis.

4.2 Unless otherwise stated, the Quotation issued by POMMINE AB is valid for one month from its issue. In the absence of validation by the Customer within this period, it will lapse. The Customer who wishes to order the Services must validate the corresponding Quote within the above period, by any useful written means and in particular by email. This validation can be followed if necessary by the issuance of an order form by the Customer, such an order form having no impact on the Contract as defined above.

4.3 Any validation of a Quote, express or implied, implies full and complete acceptance of these General Conditions , in their version in force on the date of the Quote concerned. Any acceptance subject to reservation is considered null and void. The Customer who does not agree to be bound by these General Conditions must not order Services from POMMINE AB.

4.4 In the event of modification of the initial Services or of a new order, a new Quotation is established. The provisions of this new Estimate prevail over those of the old one. In the absence of indication in the new Estimate, the commitment periods remain identical to the first Estimate.

5. License to use the Platform

5.1 Scope of the license

POMMINE AB grants the Customer, for the whole world and for the duration provided for in the Quote, a non-exclusive, personal and non-transferable license to use the Platform, in its version existing on the date hereof and in all possible versions. to come, as well as its technical documentation, in SaaS mode , for the sole purpose of providing the Services.

5.2 Conditions of use of the Platform

The aforementioned license is granted for the sole purpose of using the Platform by the Customer for its own needs and by the users only (hereinafter : the “Users”).

The Customer is prohibited and will ensure that Users are prohibited, as a result of :

– Reproduce, arrange, adapt all or part of the Platform ;

– Carry out any form of commercial exploitation of the Platform with third parties ;

– Assign, supply, lend, rent the Platform, grant sub-licenses or other rights of use, or more generally, communicate to a third party or to an affiliated company all or part of the Platform;

– Integrate all or part of the Platform into any IT system or any other software solution other than those provided for under these General Conditions;

– Carry out the remote transmission of the Platform, its networking, in particular on the Internet, or its distribution in any other form, without the prior written authorization of POMMINE AB.

The right of use is only granted to the Customer subject to the actual full payment of the prices agreed in the article ” Financial conditions “.

6. License implementation

6.1 Configuration of the Platform and selection of Users

As part of its use of the Platform, the Client will configure the Platform, understood as its personalization and the implementation of the functionalities chosen by the Client.

It is up to the Customer to select the Users having access to the Platform, within the limit of the maximum number provided for in the Quotation , to designate, among them, the one or those who will be in charge of the administration of the Platform (hereinafter : the “ Administrators ”), as well as to communicate to POMMINE AB a list containing the names and email addresses of the Administrators and Users , so that POMMINE AB opens an account in the name of each of them (hereinafter: the “ User Accounts ”).

The Customer is solely responsible for maintaining the confidentiality of Users of their login details and / or passwords.

He undertakes to ensure that Users do not allow any third party to use them in their place or on their behalf, except to bear full responsibility. He expressly acknowledges that any use of the Platform with these login credentials will be deemed to have been made by the corresponding Users.

The Customer undertakes to contact POMMINE AB without delay by any useful written means and in particular by email, if it appears that a User Account has been used at the site of its User.

When User Accounts have been opened, Users have access to a personal space which allows them to manage their use of the Platform and the Services.

7. Services

7.1 Description of the Services

The Services subscribed by the Customer are detailed in the corresponding Quote.

The Customer can access a full description of the Services on the site www.pom m ine.com .

7.2 Hosting of the Platform

POMMINE AB undertakes to ensure, under the terms of an obligation of means, the hosting of Accounts and any content published by the Customer on his Account in accordance with professional practices and the state of the art, on its own servers or by a professional hosting provider, carrying out its activity in accordance with the practices of the profession and the state of the art.

In this context, POMMINE AB undertakes to provide the Customer with sufficient storage and processing capacities within the framework of the Services , in accordance with professional practice and the state of the art.

POMMINE AB undertakes to implement all the technical means, in accordance with the state of the art, necessary to ensure security and access to the Services, relating to the protection and monitoring of infrastructures, the control of physical and / or intangible access to said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect servers from malicious acts .

POMMINE AB also undertakes to take all useful precautions, with regard to the nature of the data and the risks presented by the automated processing of data implemented for the needs of the Services, to preserve the security of the data, and in particular to prevent they are distorted, damaged or accessed by unauthorized third parties.

7.3 Technical assistance

POMMINE AB offers the Customer technical assistance accessible by email at the following address: bug@pommine.com, allowing them to report any difficulty encountered when using the Services.

7.4 Other Services

POMMINE AB reserves the right to offer any other Service that it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate to provide said Services.

8. Financial conditions

8.1 Price of the Services

The prices of the Services are indicated in the Quotation , in particular according to the number of Users.

They are expressed in Euros, French taxes not included.

POMMINE AB reserves the right, at its discretion and under terms of which it will be the sole judge, to propose promotional offers or price reductions.

8.2 Payment terms

POMMINE AB will send a monthly or annual invoice to the Customer , it being specified that the full price will be payable in advance upon subscription to the Services.

The Customer will proceed with the payment which will be made by any means of payment deemed useful by POMMINE AB and in particular by transfer, to the bank details indicated on each invoice .

The Customer guarantees POMMINE AB that he has the necessary authorizations to proceed with the payment of the price.

8.3 Late payments and defaults

The Customer is informed and expressly accepts that any late payment of all or part of an amount due to POMMINE AB on its due date will automatically result, and from the day following the date of payment appearing on the invoice :

– The forfeiture of the term of all sums due by the Customer and their immediate payment, regardless of the payment terms that had been provided for ;

– Immediate suspension of the Services and access to the Platform until full payment of all amounts due ;

– Invoicing in favor of POMMINE AB of late interest, due by the sole fact of the expiry of the contractual term, at the rate of 3 (three) times the legal interest rate, based on the amount of the debt not paid on the due date and a lump sum compensation of 40 (forty) euros for recovery costs, without prejudice to additional compensation if the recovery costs actually incurred are greater than this amount.

9. Duration of Services and unsubscription

The Services are taken out in the form of a subscription (hereinafter : “ the Subscription ”).

The Subscription begins on the first day of invoicing for the duration subscribed by the Customer and as indicated on the Quote (hereinafter : the “ Initial Period ”).

At the end of the Initial Period, the Subscription is tacitly renewed, unless terminated by POMMINE AB or by the Customer no later than 1 (one) month before the end of the Initial Period.

If the Subscription is renewed at the end of the Initial Period, it is renewed for successive periods of one (1) year, unless terminated by the Customer or by POMMINE AB no later than 1 (one) month before the end of the Renewal Period.

In any case, the termination of the Subscription is made by email and takes effect at the end of the Subscription period during which the request is sent.

As soon as the Subscription is taken out, the Customer is informed that he benefits from a trial period for the duration indicated in the Quote and during which he can freely terminate the Subscription. In this situation, the denunciation of the Subscription will be made by email and will be immediately effective.

At the end of the trial period, the aforementioned terms of termination of the Subscription will apply.

10. Convention of proof

The Customer expressly recognizes and accepts :

– that the data collected on the Platform and the IT equipment of POMMINE AB are proof of the reality of the operations carried out within the framework of these presents,
– that these data constitute the main mode of proof accepted between the parties.

11. Obligations and responsibility of the Customer

Without prejudice to the other obligations provided for in these General Conditions, the Customer undertakes to comply with the following obligations :

11.1 The Customer undertakes, in his use of the Services, to respect the General Conditions , as well as the laws and regulations in force, and not to infringe the rights of third parties or public order.

He is solely responsible for his use of the Platform and the Services.

11.2 The Customer undertakes to provide POMMINE AB with all the information necessary for the proper performance of the Services. More generally, the Customer undertakes to cooperate actively with POMMINE AB for the proper execution of the General Conditions.

11.3 The Customer is solely responsible for the documents, elements, data, information and any content that he provides to POMMINE AB in the context of the use of the Services. It guarantees to POMMINE AB that it is authorized to provide it with these elements and that it has all the rights and authorizations necessary for their operation within the framework of the Services.

11.4 The Client acknowledges having read the Platform and its characteristics.

11.5 The Client and its Users are solely responsible for the content of any kind (editorial, graphics, audio , audiovisual or other) that they publish on the Platform (hereinafter the “ Content ”) and for any consequences that may result therefrom.

11.6 The Customer guarantees to POMMINE AB that it has all the rights and authorizations necessary for the distribution of this Content. He undertakes that the said Content is lawful, does not infringe public order, good morals or the rights of third parties, does not infringe any legislative or regulatory provision and more generally , is in no way likely to put at stake the civil or criminal liability of POMMINE AB.

The Customer is therefore prohibited from disseminating, in particular and without this list being exhaustive :

– of child abuse content, pornographic, diffam atory, insults, obscene, indecent, offensive, violent, xenophobic or revisionist,
– the infringing content,
– of intrusive content with the image of a third party,
– the false content, misleading or proposing or promoting illegal activity, fraudulent or misleading,
– and more generally Content likely to infringe the rights of third parties or be detrimental to third parties, in any way and in any form whatsoever.

11.7 Users are solely responsible for their use of the Services and in particular for the relationships they may establish with other Users and for the information they communicate to them within the framework of the Services. It is their responsibility to exercise appropriate prudence and discernment in these relationships and communications. The User also undertakes, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.

12. Customer warranty

The Customer guarantees POMMINE AB against all complaints, claims, actions and / or claims whatsoever that it may suffer as a result of the violation by the Customer of any of its obligations or guarantees under these General Conditions.

The Customer undertakes to indemnify POMMINE AB for any damage it may suffer and to pay it all the costs, charges and / or penalties that it may have to bear as a result.

13. Responsibility and guarantee of POMMINE AB

13.1 POMMINE AB undertakes to provide the Services with diligence and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Customer acknowledges and expressly accepts .

13.2 POMMINE AB intervenes exclusively for the purposes of providing the Services described in these General Conditions.

13.3 POMMINE AB is not a party to the relationships between the various Users in the context of environmental projects carried out via the Platform and can in no way be held liable for any difficulties related to these relationships, nor be party to a few possible disputes whatsoever.

13.4 POMMINE AB does not guarantee the Customer that the Services offered will meet all of their needs and expectations.

13.5 POMMINE AB cannot be held responsible for decisions taken by the Customer or by any third party designated by him. Likewise, POMMINE AB can in no way be responsible for the Content published by the Customer on the Platform, over which it exercises no control, verification or moderation of any kind.

13.6 POMMINE AB will make its best efforts to communicate to the Client a quarterly and then annual report on the use of the Services.

13.7 POMMINE AB undertakes to carry out regular checks in order to verify the functioning and accessibility of the Platform. As such, POMMINE AB reserves the right to temporarily interrupt access to the Platform for maintenance reasons.

Likewise, POMMINE AB cannot be held responsible for the difficulties or momentary impossibilities of access to its Application which are due to circumstances which are external to it, force majeure, or which would be due to disruptions of the telecommunication networks, Customers being made aware of the complexity of global networks and the influx of Internet users at certain times.

13.8 The Services are provided by POMMINE AB as is and without warranty of any kind, express or implied. In particular, POMMINE AB does not guarantee to Customers (i) that the Services, subject to constant research to improve performance and progress in particular, will be completely free from errors, defects or defects, (ii) that the Services, being standard and in no way offered for the sole intention of a given client according to his own personal constraints, will specifically meet his needs and expectations.

13.9 In any event, the liability likely to be incurred by POMMINE AB under these terms can only relate to direct damage suffered by the Customer and will be expressly limited to the total amount of the price received by POMMINE AB during the 12 (twelve) months preceding the event giving rise to liability.

14. Prohibited behavior

14.1 It is strictly forbidden to use the Services for the following purposes :

– the exercise of illegal, fraudulent or infringing activities on the rights or safety of third parties,
– breach of public order or violation of the laws and regulations in force,
– intrusion into the computer system of a third party or any activity likely to harm, control, interfere or intercept all or part of the computer system of a third party, violating its integrity or security,
– the handling to improve referencing a third party site,
– aid or incitement, in any form and in any way whatsoever, to one or more of the acts and activities described above,
– and more generally any practice diverting the Services for purposes other than those for which they were designed.

14.2 Customers are strictly prohibited from copying and / or diverting for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the Platform.

14.3 The following are also strictly prohibited : (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) all intrusions or attempted intrusions into POMMINE AB’s systems, (iii) any misappropriation of system resources of the Platform, (iv) all actions likely to impose a disproportionate load on the Platform’s infrastructures, (v) all breaches of security and authentication measures, (vi) all acts likely to undermine r ights and financial, commercial or moral POMMINE of AB, and finally more generally (vii) any breach of these Terms and Conditions.

14.4 It is strictly forbidden to monetize, sell or concede all or part of access to the Services or to the Platform, as well as to the information hosted and / or shared there.

15. Penalties for breaches

In the event of breach of any of the provisions of the Contract, or more generally, of breach of laws and regulations by the Customer, POMMINE AB reserves the right to take any appropriate measure and in particular :

– suspend , delete or prevent access to the Services of the Client, author of the breach or offense, or having participated in it,
– delete any Content related to the breach or offense in question, in whole or in part,
– take all appropriate measures and initiate any legal action,
– notify the competent authorities, if necessary, cooperate with them and provide them with all the information useful for the investigation and suppression of illegal or illicit activities.

The Customer is informed and accepts that any breach of his obligations may entail, in addition to the consequences provided for above, the immediate termination of the Contract by POMMINE AB , by any written means.

16. Confidentiality

Each party undertakes to keep strictly confidential the documents, elements, data and information of the other party of which it would be the recipient, which will be expressly identified by the other party as being confidential. With regard to POMMINE AB, the parties expressly agree that this confidentiality obligation covers the personal data that it will have to process for the Customer within the framework of the Services.

All of this information is hereinafter referred to as “ Confidential Information ”.

The party that receives Confidential Information undertakes not to disclose it without the prior consent of the other party, for a period of 3 (three) years from the end of the performance of the Services concerned. It may not transmit them to employees, collaborators, interns or advisers unless they are bound by the same obligation of confidentiality as that provided for herein. This obligation does not extend to documents, elements, data and information :

(i) which the party receives the already knew ;
(ii) already public at the time of their communication or which would become so without breach of the Contract;
(iii) which would have been lawfully received from a third party ;
(iv) that the communication would be required by the judicial authorities, in application of laws and regulations or to establish the rights of a party under the Contract.

17. Intellectual property

The systems, software, structures, infrastructures, databases, codes and content of any kind (texts, images, visuals, logos, brands, databases, etc.) operated by POMMINE AB on the Platform, to the exclusion of Contents whose property belongs to the Customer, are protected by all intellectual property rights or rights of the producers of databases in force.

All disassembly, decompilation, decryption, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of POMMINE AB are strictly prohibited and may be the subject of legal proceedings.

The Customer acknowledges and accepts that POMMINE AB retains full and entire ownership of the monthly and annual reports communicated to the Customer as part of the Services. The Customer only benefits from a license to use said reports within the framework of the Contract and may not market them to third parties.

18. Personal data

General provisions

POMMINE AB and the Customer undertake, each as far as it is concerned, to comply with the regulations applicable to personal data and in particular the general data protection regulation (EU regulation 2016/679 of the European Parliament and of the Council of April 27, 2016).

As part of the Services, POMMINE AB is required to process personal data. The characteristics of this treatment are as follows:

Purpose of the processing of personal data
Operation of the Platform, performance of the Services
Type of personal data processed
Last name, first name, email addresses, professions, phone number, photography, interests , sector of activity
Categories of data subjects
Users
Duration of treatment
3 years after the last connection to the Platform / use of the Services
Place of treatment
Western Europe
Subcontractor of POMMINE AB involved in the tra itement
( if applicable)
Firebase

The Customer is the data controller and is required to fulfill the obligations incumbent upon him in application of the aforementioned regulation, in particular with regard to the obligation to inform the persons concerned, the keeping of the processing register. implemented, and more generally, respect for the principles resulting from the regulation.

The data provided by the Customer to POMMINE AB for the purpose of performing the Services remain the sole property and under the sole responsibility of the Customer.

POMMINE AB, for its part, operates exclusively as a personal data processor .

Obligations of POMMINE AB towards the Customer

– Data processing :
POMMINE AB undertakes to process personal data only for the purposes of performing the Services and in accordance with the Customer’s documented instructions. POMMINE AB undertakes to inform the Customer if, in their opinion, an instruction constitutes a violation of the applicable regulations.

– Data security and confidentiality :
POMMINE AB undertakes to implement the appropriate technical and organizational measures to ensure the security and integrity of personal data, their safeguard as well as the restoration of their availability in the event of a physical or technical incident. POMMINE AB also ensures that the persons authorized to process personal data are subject to the obligation to preserve their confidentiality.

– Other subcontractors :
POMMINE AB undertakes not to call on other subcontractors without the prior written authorization, specific or general, of the Customer. In the case of a general written authorization, POMMINE AB undertakes to inform the Customer of any planned change concerning the addition or replacement of other subcontractors, the Customer then having the possibility of raising objections to against these changes.

– Provision of information :
POMMINE AB undertakes to respond to any request for information sent to it by the Customer, whether in the context of a request for the exercise of their rights by the persons concerned, of an impact analysis, or a request made by the data protection authorities or data protection officers of the Customer.

– Notification of personal data breaches :
POMMINE AB undertakes to notify the Customer of any personal data breach within a maximum period of 72 (seventy-two) hours after becoming aware of it. In the event that the Customer himself has to notify this violation to the competent supervisory authority, POMMINE AB undertakes to communicate all useful documentation to it.

– Data retention :
POMMINE AB undertakes to delete personal data 3 (three) years after the last connection of the Platform user to the Platform, whatever the ca use, and not to keep a copy.

– Register and documentation :
POMMINE AB keeps a written record of the processing operations carried out on behalf of its Customers. This register also includes the information relating to these processing operations.

POMMINE AB makes available to the Customer, at the latter’s request, all the information necessary to demonstrate compliance with its obligations.

19. Commercial references

The Customer expressly authorizes POMMINE AB to quote it and to use, if necessary, the reproduction of its brand or its logo as commercial references, in particular during demonstrations or events, in its commercial documents, on its Application and on its site, in any form whatsoever during the term of the General Conditions and 5 (five) years after its term.

20. Force majeure

No Party may be held liable for a failure to perform its contractual obligations if this failure is due to an event beyond the control of the Parties and constituting force majeure, as defined in article 1218 of the Civil Code. .

By force majeure, the parties agree in particular to hear the occurrence of an event presenting the characteristics of unpredictability and irresistibility usually recognized by French law and courts as well as strikes, terrorist activities, riots, insurgencies, wars. , government actions, epidemics, natural disasters or defect attributable to a third party telecommunications provider.

The prevented party must inform the other party as soon as possible, indicating the nature of the case of force majeure. The parties will come together to determine together the most appropriate means to mitigate, if possible, the consequences of the event (s) constituting the force majeure.

If the case of force majeure lasts for more than 3 (three) months, each party may terminate the Contract, as of right , without legal formalities, without notice and without the right to compensation of any kind, by sending ” a registered letter with acknowledgment of receipt having immediate effect.

If, following a case of force majeure, the affected party is prevented from fulfilling only part of its contractual obligations, it remains responsible for the performance of the obligations which are not affected by the case of force majeure as well. than its payment obligations.

Upon cessation of the force majeure event , the prevented party must immediately inform the other party and resume performance of the affected obligations within a reasonable time.

21. Advertising

POMMINE AB, in collaboration with the Customer, reserves the right to insert on any page of the Platform and in any communication to Customers all advertising or promotional messages in a form and under conditions of which POMMINE AB will be the sole judge.

22. Amendments

POMMINE AB reserves the right to modify these General Conditions at any time.

Customers will be informed of these changes by any useful means.

Customers who do not accept the amended General Conditions must unsubscribe from the Services in accordance with the terms set out in the article ” Duration of the Services and unsubscribe”.

Any Customer who uses the Services after the entry into force of the modified General Conditions is deemed to have accepted these modifications.

23. Language

In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute on the meaning of a term or a provision.

24. Applicable law and jurisdiction

The Contract is subject to French law and will be governed and interpreted according to this law.

Any dispute that may arise on the occasion of its validity, interpretation or execution will be subject to the exclusive jurisdiction of the Commercial Court of Paris (France), unless mandatory procedural rule otherwise.