CAPTAINPOST SERVICE

Article 1 – General Informations

The Company BRAINSONIC SA, Limited Company with a capital of 348 556 euros, with the principal place of business at 28 rue Meslay 75003 Paris, registered at the Companies and Societies Registery of Paris under the number 448 567 867 (thereafter referred to as « BRAINSONIC ») exploits, in France, a website, called CaptainPost which enables users to copy and paste multiple Yammer posts to multiple Yammer networks.

The present general terms and conditions of use (the « Terms and Conditions ») are governing, without prejudice of any applicable legal provisions, the use by any corporate entity or physical person (thereafter « the Client ») of the CaptainPost Cloud Service, excluding any other general terms and conditions applying the other services offered by CaptainPost.

Article 2 – Description of CaptainPost

The CaptainPost service is a service offered and exploited by Brainsonic enabling the Client, after its acceptation of the present Terms and Conditions, to copy and paste multiple Yammer posts to multiple Yammer networks.

The main features of the CaptainPost service are the following:

  • Yammer feeds vizualization
  • Post selection and multi publishing across different Yammer networks

The CaptainPost Service does not include in any way the production and the direction by BRAINSONIC of any Content on the behalf of the Client. The CaptainPost Service is available for the Client until the termination of its subscription to the CaptainPost Service, in the conditions defined in the article 4.3. The CaptainPost Services are on top of Yammer and does not include any Yammer subscription.

Article 3 – Conditions of access and use of the CaptainPost Service

3.a Conditions of access

The access and the use of the CaptainPost Service is only possible through the Site, available through the Internet network on any support of electronic communication such as computers and mobile phones.

The access to the CaptainPost Service is reserved to the corporate entities and the over 18 physical persons legally capable, being specified that the Client is responsible for the use which may be done of the CaptainPost Service.

If the Client is a corporate entity, it is understood that the person accessing the Site and/ or using the CaptainPost Service guarantees BRAINSONIC that it holds the full authority to accept the present Terms and Conditions in the name of the entity for which it uses the CaptainPost Service.

The access to the CaptainPost Service granted to the Client in the scope of the present Terms and Conditions is personal, non assignable and untransferable.

To register to the CaptainPost Service, any entity or person shall:

  • Create an account on the Site using the Yammer login functionnality

Once its request for registration is validated, the Client will receive a Yammer notification (depending on the Yammer’s user notification parameters).

The Client undertakes to communicate exact details and informations to BRAINSONIC, and to update them as changes go along.

The Client is fully and exclusively responsible for the necessary passwords to the use of the CaptainPost Service. BRAINSONIC excludes itself from any responsability for any illegal or fraudulent use of the passwords made available to the Client. The supply of the passwords is considered as confidential. Any suspicion of a disclosure, intentional or not, of the passwords given, engages the sole responsability of the Client, excluding BRAINSONIC’s liability.

3.b Conditions of use

The Client undertakes neither to (i) act in a way that would disturb or disrupt the CaptainPost Service, nor to (ii) use the CaptainPost Service in any illegal or unlawful manner. As a consequence, the Client represents and warrants that:

i. The Content does not constitute a public order offence or an offence to good manners, notably by the promotion to crime and torts, incitement to racial hatred or suicide, apology of crimes against humanity, or includes children pornography’s elements ;

ii. Any violent or pornographic Content is not likely to be available to underage ;

iii. The Content and/ or its hosting and its broadcasting does not constitute breach of any third parties rights, notably (a) a violation of intellectual property rights of third parties (principally videos, tv shows, short, medium and/ or full length films, animated or not, advertisements, that the Client would not have personally directed or for which the Client would not have the required authorizations from the third parties of from the performing and collective rights societies, owners of the rights on these) ; (b) an infringement upon health, dignity and privacy of third parties (principally diffamation, insults, offenses);

iv. It is reminded that according to the applicable legislation, BRAINSONIC is neither subject to a general prior monitoring obligation of the Content hosted on the CaptainPost Service, nor to a general obligation to search for facts or circumstances revealing illegal activities.

Nevertheless, in accordance to the applicable regulations, BRAINSONIC may (i) remove any illegal Content transmitted and/ or stored through the CaptainPost Service once having been notified of it, being understood that the Client is fully responsible for the Content, (ii) notify to the Client any claim arising out of its use of the CaptainPost Service, and (iii) provide personal data of the Client upon request of the relevant authorities.

BRAINSONIC reserves the right to suspend the Client’s access and/or Client’s use of the CaptainPost if BRAINSONIC becomes aware of any infringement of the applicable legislation by the Client or of the present Terms and Conditions.

The CaptainPost Service is only supplied on a base « as is ». However, BRAINSONIC reserves the right to bring to the CaptainPost all the modifications and improvements of its choice. Furthermore, it is understood that the Site is in principle available 24/24h, 7/7d, except interruption, scheduled or not, for the needs of its maintenance or force majeure case. The Client acknowledges and agrees that BRAINSONIC is not liable for this matter, and it waives any claim and/ or procedure against BRAINSONIC.

BRAINSONIC also reserves the right, without indemnity and/ or refund, to put a definitive end to the CaptainPost Service. Any definitive closing of the Service will be notified through the Site at the minimum of 1 (one) month before it occurs.

Article 4 – Costs of use and payment

4.a Costs of use

The costs of use of the CaptainPost Service are indicated on the Site in dollars and without taxes.

Subject to a prior notification of at least 30 (thirty) days to the Client sent by BRAINSONIC by e-mail, BRAINSONIC can modify the costs of use of the CaptainPost Service, at any moment. In this case, the Client who does not accept this rise of fees will be able to terminate its registration to the CaptainPost Service from its account on the Site as indicated in the article 9.3.

It is reminded that the connection and communication costs (Internet) linked to the use of the CaptainPost Service are not borne by BRAINSONIC and remain at the charge of the Client.

4.b Payment of the price

The Client will be able to pay the costs of use of the CaptainPost Service, as indicated on the Site.

It is specified that when the Client communicates on the Site its bank account informations, they are not conserved by BRAINSONIC.

Unless contrary proof brought by the Client, the records of the payment company will be considered as the proof of the payments made between the Client and BRAINSONIC. The filing of these elements is made on a reliable and enduring support so that it corresponds to a true and enduring copy, in accordance with the provisions of the article 1348 of the french Civil Code.

Article 5 – Licences

BRAINSONIC grants to the Client a worldwide licence of use of the CaptainPost Service which is limited, dismissible, untransferable, non exclusive. Any right non explicitely granted to the Client is reserved by BRAINSONIC.

BRAINSONIC holds all rights related to the Site and in a general way, to the CaptainPost Service. The Terms and Conditions do not transfer to the Client any right on the CaptainPost Service, but simply a limited and dismissible licence according to the provisions of the present article. Unless explicit authorization from BRAINSONIC, the Client is not allowed to: (a) grant a sublicence, resell, transfer, concede, broadcast, commercially exploit or make available to any third party in any way all or a part of the CaptainPost Service, or (b) modify or direct derivated works on the basis of the CaptainPost Service, or modify or decompile the CaptainPost Service.

Article 6 – Declarations and guarantees

The Client declares and guarantees (i) that it holds totally and without any condition, or that it owns or obtained all the rights, approvals, licences, agreements and authorizations required to respect its obligations, exercise its rights and grant licences according to the Terms and Conditions and (ii) that it aims to use the CaptainPost Service and fulfill its obligations as defined in the Terms and Conditions, in accordance with all the applicable local, regional, national and international laws, rules and provisions.

Article 7 – Responsability

It is understood that the Client is solely responsible for (i) its use of the CaptainPost Service and notably of the Content it stores and makes available to his Yammer Networks through the CaptainPost Service; (ii) the protection of its computer hardware against any virus or intrusion. It is understood that the Client is solely responsible for (i) its use of the CaptainPost Service and makes available to the his Yammer Networks through the CaptainPost Service; (ii) the protection of its computer hardware against any virus or intrusion.

Unless contrary mention in the present Terms and Conditions, BRAINSONIC does not grant any guarantee of any kind to the Client, weither expressly or implicitely, in any domain, including and notably an adequacy guarantee to a particular purpose. Moreover, it is understood that BRAINSONIC is using the Yammer API and the results returned by this API are not the responsibility of BRAINSONIC.

In addition, the Client undertakes to take care of any third party complaint, claim or objection, and more generally any third party action or procedure against BRAINSONIC arising out of its use of the CaptainPost Service.

Article 8 – Personal data

In accordance with the applicable legislation related to the protection of privacy, BRAINSONIC has declared the collect and treatment of personal data of its users to the French Information Commissionner (CNIL).

The Client’s personal data are exclusively intended for BRAINSONIC and are not subject to any communication to third parties, unless the Client beforehand agreed to it.

BRAINSONIC will be able, if the Client beforehand agreed to it, to use the Client data on the occasion of the shipment of information letters, from which he/she will be able to resign at any time.

In accordance with the preovisions of the french law on Information Technology and Civil Liberties n°78-17 dated the 6th january 1978, it is understood that the Client may, at any time, access and/ or rectify its informations, directly online in the section « Modify my personal data » of the Site.

The Client is informed that its personal data may be disclosed in accordance with a law, regulation, or in accordance with the decision of a relevant regulatory or judicial authority, or in case of judicial proceedings if considered as necessary by BRAINSONIC.

Article 9 – Absence of any right of revocation – term – termination

9.1 Absence of any right of revocation for physical persons

In accordance with the provisions of the article L. 121-20-2 1° of the french Consumer Code, the Client, physical person, acknowledges and expressly agrees that (i) the providing of the CaptainPost Service begins from the validation of its registration to the Site, that occurs before the end of the seven open day period foreseen in the Consumer Codeand (ii) acknowledges and agrees consequently to not benefit of the right of revocation related to the online sale. As a consequence, no request for revocation, cancelation or refund will be admissible.

9.2 Term

The access to the CaptainPost Service is granted to the Client for an indeterminate period from the acceptance of the Terms and Conditions, subject to termination decided by the Client or by BRAINSONIC in the conditions described in the article 9.3.

Testing or discovery offers, with variable durations, of the CaptainPost Service may be offered by BRAINSONIC, in a temporary way or not. Unless contrary indication, these offers will be subject to the present Terms and Conditions and will be limited to one registration by Client (same corporate entity and/ or same IP address (Internet Protocol) and/or same e-mail address) whatever the offer is.

Unless contrary indication on the Site and unless termination by the Client according to the provisions of the article 9.3, any testing or discovery offer is transformed into a final registration, at the end of the term of the said offer, giving the Client an access and a use of the CaptainPost Service in accordance with the applicable costs of use available on the Site.

9.3 Termination

In the case the Client would like to terminate its subscription to the CaptainPost Service, the Client shall notify it through its Client account, as defined in the article 3, directly by sending an email to captainpost@brainsonic.com

Such termination will come into effect within 2 (two) open days from the notification made by the Client, being understood that the amounts credited on its account at this day will be refund to him.

It is however specified that the whole of the amounts received by BRAINSONIC for the use of the CaptainPost Service made before the date of termination by the Client will definitely remain acquired by BRAINSONIC.

Furthermore, in case of a cessation of the CaptainPost Service or of a non-respect of the Terms and Conditions by the Client, BRAINSONIC reserves the right to suspend, immediatly and without advance notice or refund, the access of a Client to the CaptainPost Service, temporarily or permanently, by deactivation of its account and this without prejudice to any other rights of BRAINSONIC.

Article 10 – Amendments of the present Terms and Conditions

Subject to the prior information of the Client at least 30 (thirty) days before their onlining on the Site, BRAINSONIC may modify all or a part of the Terms and Conditions, at any time and at its sole discretion, being understood that in the case the Client did not approve these amendments, such Client is free to terminate its access to the CaptainPost Service as indicated in the article 10.3. In the absence of termination, the new Terms and Conditions will be applicable as soon as they will be available on the Site.

Article 11 – Customer Service

For any information, BRAINSONIC may be contacted directly online on the Site among the section « Contact us » or by mail at the following address :

BRAINSONIC
28 rue Meslay
75003 Paris
FRANCE

Article 12 – Generalities

12.1 Disclaimer of warranty

The app is licensed "as-is," "with all faults," and "as available." you bear all risk of using it. the app provider, on behalf of itself, yammer services, wireless carriers over whose network the app is distributed, and its and their respective affiliates, vendors, agents, and suppliers (“distributors”), gives no express warranties, guarantees, or conditions under or in relation to the app. you may have additional consumer rights under your local laws which this agreement cannot change. to the extent permitted under your local laws, distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose and non-­-infringement.

12.2 Limitation on and exclusion of remedies and damages.

To the extent not prohibited by law, you can recover from the app provider only direct damages up to the amount you paid for the app. you agree not to seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from any distributor.

This limitation applies to:

  • Anything related to theApp, services made available through the App, or content (including code) on third party Internet sites;
  • and claims for breach of contract; breach of warranty, guarantee or condition; or strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if

  • repair, replacement, or a refund for the App does not fully compensate you for any losses; or
  • Distributor knew or should have known about the possibility of the damages.

12.3 Yammer will provide no support for this application. All requests have to be done using the feedback tool provided within the application.

12.4. If one of the provisions of the present Terms and Conditions is declared unvalid or non-invocable for any reason, the other provisions will remain applicable without any change.

12.1. If one of the provisions of the present Terms and Conditions is declared unvalid or non-invocable for any reason, the other provisions will remain applicable without any change. 12.5 BRAINSONIC can transfer or sub-contract this Agreement or any of its rights and obligations hereunder whether in whole or in part.

12.6. The present Terms and Conditions are subject to the French law. In case of dispute, the parties will seek an amicable solution before any judicial action. In case of failure of these attempts, any contestation of the validity, interpretation and/ or execution of the present Terms and Conditions shall be made, even in case of plurality of the defendants or in case of indemnifying third parties, to the French jurisdictions.

12.7. All the provisions hereby which, by nature, extend beyond the termination of the present Terms and Conditions, remain effective as long as they are not executed and they apply to the respective heirs and assigns.

12.8. The acceptance by the Client of the present Terms and Conditions constitutes the global agreement between the parties regarding the related matters and prevails on any other prior agreement concluded between the parties relatively to the same matters and, unless contrary specification in the present document, it may not be modified without the written consent signed by a representative empowered by the two parties.