GENERAL TERMS OF USE OF THE SERVICES

These General Terms of Use (hereinafter the "GTU") are intended to define the terms and conditions as well as the procedures by which the following parties govern their relationship:

The company JSYS, a limited liability company (SARL) with a share capital of 1,000 euros, registered in the Trade and Companies Register of Montauban under number B 799 340 625, with its registered office at 1435 route des crêtes 82120 Mansonville, represented by Mr. SAYNES Jérôme in his capacity as Manager (hereinafter "SARL JSYS"), is the publisher and operator of the website "www.archifacile.fr" (hereinafter the "Website").

SARL JSYS has developed, as a SaaS Application, the ArchiFacile solution enabling users to draw house or apartment floor plans.

These General Terms of Use of the Services (hereinafter the "GTU") are intended to define the conditions of use of the Websites and the Services offered therein.

The GTU apply to any version or extension of the Websites, including on existing or future social and/or community networks.

PUBLISHER: JSYS, a limited liability company (SARL), with a share capital of 1,000 euros, registered in the Trade and Companies Register of MONTAUBAN under number B 799 340 625, with its registered office at 1435 route des crêtes 82120 Mansonville, represented by its Manager, Mr. SAYNES Jérôme - Phone: - Email:

PUBLICATION DIRECTOR: Mr. SAYNES Jérôme

DATA PROTECTION OFFICER (DPO): Mr. SAYNES Jérôme

HOST: OVH, registered in the Lille Métropole Trade and Companies Register under number 424 761 419 00045, with its registered office at 2 rue Kellermann – 59100 Roubaix – France.

These General Terms of Use (hereinafter the "GTU") are intended to define the conditions under which Users may access and use the Services.

SARL JSYS invites the Customer to read these GTU, the GTS, the Privacy Policy as well as the Documentation in general.

Preliminary Article – Scope of Application

The ARCHIFACILE SaaS Application includes the following main Services:

Floor plan creation: A technical tool enabling users to create custom floor plans, adding various rooms, walls, doors, windows, etc. as needed;

Furnishing tool: In conjunction with the previous tool, the furnishing tool allows users to add furniture to their floor plans, plan electrical and plumbing installations, and include specific fittings;

Text tool: A tool for adding shapes, dimensions, text, or laser telemetry to floor plans.

1. DEFINITIONS

"Purchase": refers to the version subscribed to by the Customer, through an online form or a quote, for one or more tools offered by the SaaS Application, for a firm minimum volume of Users over a defined period, in exchange for payment of the fees due for the Services.

"Application" "SaaS Application": generically refers to the ArchiFacile SaaS Application, published by SARL JSYS.

"ArchiFacile": generically refers to the website https://www.archifacile.fr as well as the tool made available on the website.

"Availability Date": refers to the date on which the ArchiFacile SaaS Application is made available to the Customer.

"Availability" or "Available": refers to the state of the ArchiFacile Application when any User can access it and use it normally in accordance with the Documentation.

"Documentation": refers to the documentation provided by the company JSYS to the Customer or directly available on the Website, such as the Privacy Policy, the General Terms of Sale, the user guide describing the features of the Services, as well as any future new versions that may be updated and published online at any time by JSYS.

"Data": refers to all data, of any nature (editorial, graphic, audiovisual or other), transmitted and/or uploaded to the ArchiFacile Application by the Customer and/or Users and/or generated from such data by the SaaS Application during its use.

"Personal Data": refers to any Data relating to an identified or identifiable natural person. This includes, for example, identification data (surname, first name, date of birth, address, email address, telephone number, etc.), professional data (organisation, position, etc.), economic and financial data (socio-economic category, bank details, etc.). These elements meet the definition of personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 "GDPR" on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and of French Law No. 78-17 of 6 January 1978 on information technology, data files and civil liberties, as amended by the Law of 6 August 2004.

"Registration Personal Data": generically refers to Personal Data provided by the Customer for the creation of their Customer account and the proper use of the SaaS Application.

"Personal Space": refers to the dashboard within the ArchiFacile application allowing the Customer to view the various plans they have created.

"Login Credentials": refers to the combination of login and password of a User whose access rights allow them to access Accessible Data.

"Security Incident": refers to an identified occurrence that compromises Data security.

"Day(s)": refers to one (1) business day in France.

"GDPR": refers to Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

"Services": refers to the SaaS Application as well as all other tools and/or services offered by the Provider in its service catalogue, the Customer being free to purchase one or more Versions of the tool.

"User(s)": refers to any natural person having access to the Website or having access to the ArchiFacile SaaS Application and/or the Services through the Subscription taken out by the Customer.

"Version(s)": refers to the version purchased by the Customer on the website https://www.archifacile.fr
There are currently 3 available versions: ArchiFacile, ArchiFacile Plus, and ArchiFacile Pro.

2. ACCEPTANCE OF THE GTU

By visiting the website www.archifacile.fr, you acknowledge the existence of these GTU.

Access to and use of the Services provided by SARL JSYS, including the ArchiFacile SaaS Application, is only possible with the mandatory and unconditional acceptance of all the GTU and the Documentation by any User. Acceptance of these GTU is evidenced by reading and validation upon the first connection to the ArchiFacile Application, and upon each modification of the GTU.

The company JSYS may modify, update or amend these GTU and the Documentation at any time. The User is expressly informed that the current version of the GTU and the Documentation is the one published on the Website at the time of the User's connection, which the User acknowledges and accepts.

The Documentation, including the GTU, is available at the bottom of each page of the ArchiFacile Application "www.archifacile.fr", and within the "General Terms of Use" tab of the website "www.archifacile.fr".

3. REGISTRATION AND CONDITIONS OF ACCESS TO THE ARCHIFACILE APPLICATION

The company JSYS makes the Services available to Users, which are only accessible upon opening an account.

To have an account, the User must have registered directly on the ArchiFacile website. A valid email address is required for registration.
To use the Services, the User may register free of charge via a dedicated form.

Access to and use of the Services and the ArchiFacile Application by a User are subject to the terms and conditions of the Subscription and the General Terms of Sale.

Depending on the offer subscribed to, the User has access to a dedicated space that allows them to manage their use of the Services and in particular to take full advantage of the features made available to them.

During registration, whether done directly or through another User, the following information is requested: username, email address, and password.

The User undertakes to provide true, accurate and complete information. If such information were to change, the User undertakes to update it as soon as possible directly on the SaaS Application in their personal space. The User assumes full responsibility for providing this information to the company JSYS.

The User is informed and accepts that the information entered for the purpose of creating or updating their account constitutes proof of their identity. The information entered by the User is binding upon validation.

The company JSYS informs you that the chosen username is visible to all users of the website and the ArchiFacile SaaS Application. In this regard, the company JSYS invites you to choose a username that does not allow you to be identified directly or indirectly, in order to protect your safety.

If a User has Login Credentials, these Credentials allow them to log into the ArchiFacile Application and access the Application's services. They are personal and confidential.

The User agrees to carefully retain their Login Credentials and keep them confidential. The User is solely responsible for their use, activities on their account, and any information they may enter within the SaaS Application. Consequently, the company JSYS cannot be held liable for any loss or damage that the User may suffer as a result of the use of their password and account by a third party, whether with or without their consent.

The User undertakes to immediately notify the company JSYS via the contact page or at the following email address: of any unauthorised use of their account or any other known security breach. The User acknowledges that the company JSYS may take all appropriate measures in such circumstances.

If the User forgets their password or it does not work, they can reset their password on the SaaS Application, in the "Forgot password" section. If they are unable to do so, the User can contact JSYS directly via the "contact" section within the SaaS Application or on the ArchiFacile website.

4. DESCRIPTION OF SERVICES – Member Obligations

Description of Services:

The User has access to the Services described on the Website, in the form and according to the features and technical means deemed most appropriate.

The company JSYS, through its ArchiFacile website, constantly innovates. The User acknowledges and accepts that the form and nature of the Services provided by the company JSYS may be modified without prior notice.

The company JSYS provides its members with a floor plan creation service using the ArchiFacile software. To use the ArchiFacile software and access the website, the user must register.
The software allows plans created by Members to be shared at 4 levels:

Private: No one can see or use the plan. It is private.
Public view: The plan can be viewed by everyone but no one can modify or save it.
Public edit: The plan can be viewed and modified by everyone but no one can claim it as their own.
Public use: The plan can be viewed and used by everyone but no one can modify the Member's plan.

There are several versions of the software. The free version has limitations. It allows saving 3 different plans with a maximum of 30 objects. From the second plan onwards, it can no longer be Private and is limited to 200m2 of surface area. The free version does not allow exporting plans to PDF, DXF and high-definition image formats. The laser rangefinder and free dimensioning functions are not available, nor are certain summaries. Unavailable features are generally indicated by a padlock icon next to them.

Information regarding public plans: The company JSYS informs you that when creating plans in Public mode, the plans may be viewed by all visitors to the website and indexed by various search engines. In this regard, the company JSYS urges you to exercise the utmost caution when creating your plans, and advises you not to include personal data that could identify you directly and/or indirectly.

Member Obligations:

Each Member is responsible for the content they publish on their personal space. The Member is considered the author of the plans created on the website and is responsible for the content they publish. The company JSYS acts as a host and cannot be held liable for the content hosted on its pages. The company JSYS is authorised to delete any data infringing the rights of third parties at its sole discretion. This right is exercised without notice or compensation.

5. SERVICE ACCESSIBILITY

Access to the Services is available via the Internet 24 hours a day, 7 days a week, in accordance with and within the limits of the Services, except in cases of force majeure, breakdowns or maintenance operations.

The company JSYS undertakes to use all available means to ensure good quality access to the Services.

The User acknowledges that they are aware of and accept the characteristics and limitations of information transmission over the Internet, as well as the costs inherent in connecting to this network. It is their responsibility, in particular, to:

ensure that the technical characteristics of the equipment they use, as well as the network speed of their Internet connection, meet the technical requirements in force at the time of their connection to the Website;

ensure that the tools they use allow them to access the Services under good conditions; and

take all appropriate measures to protect themselves from potential malicious software.

6. USE OF SERVICES AND USER LIABILITY

The User is solely responsible for their use of the Services, Data including content downloaded, transferred, processed or entered into the Services, their account on the Website, the management of their account, and any transmission during the use of the Services.

The User undertakes to:

generally comply, in their use of the Services, with applicable laws and regulations, and not to infringe upon the rights of third parties or public order;
not hinder another User's use and enjoyment of the Services, by any means whatsoever;
comply with national laws governing online services, and not send, distribute, make available or transmit any software or other computer file containing a virus or harmful component;
not use the Services for illegal purposes;
not interfere with or disrupt the networks connected to the Services;
not infringe the copyright, patent, trademark, trade secret or any other intellectual property right belonging to the company JSYS or any of its providers; and
not transmit illegal, unauthorised confidential, harassing, defamatory, racist, indecent, abusive, violent, threatening, vulgar, obscene documents or any other unacceptable document of any kind.

The User agrees not to reproduce, duplicate, copy, sell, market or resell the Services for any purpose whatsoever.

The User acknowledges being solely responsible for any damage caused by any breach of their obligations as defined by these GTU.

The User acknowledges being solely responsible for all their actions, and those of any person they have registered or to whom they have granted access to the Services.

The User warrants that the Data they transfer to the ArchiFacile Application does not infringe the rights of third parties, nor violate in any way the applicable legislation. The company JSYS does not carry out and is not required to carry out any control, moderation, selection or verification of any kind on the Data.

7. LIABILITY OF SARL JSYS

The User acknowledges that the Services offered by the company JSYS within the ArchiFacile Application rely on the use of complex technologies. Consequently, no performance obligation may be assumed by or attributed to the company JSYS with respect to the provision of the Services, the sole commitments of the company JSYS being made on a best-efforts basis. The User acknowledges that the Service is provided to them "as is" by the company JSYS and without any implied warranty of any kind, particularly with respect to the complete satisfaction of the User.

The User acknowledges that the Accessible Data, particularly that present on the ArchiFacile Application, does not constitute a recommendation or advice of any kind from the company JSYS, and that any use made of it by the User is made independently of the company JSYS.

The company JSYS is released from all liability in the event of non-compliance of the Data provided by the User with laws and regulations, third-party rights, public order, good morals, or in the event of non-satisfaction of the Accessible Data with the needs or expectations of the User.

The liability of the company JSYS shall not be engaged in particular for any malfunction or unavailability of the ArchiFacile Application related to:

(i) the total or partial failure by the User to fulfil an obligation or the User's refusal to cooperate with the company JSYS in resolving malfunctions;
(ii) use of the Services not in accordance with their intended purpose or the User's use of terminal equipment not suited to the characteristics of the Services;
(iii) a failure of electronic communication networks, network slowdown or congestion;
(iv) any deliberate act of degradation, malice, sabotage, or deterioration or damage to the User's equipment, which is under their full responsibility;
(v) a case of force majeure.

In general, the company JSYS shall not be held liable for any interruptions of the Services due to causes not directly attributable to it and/or beyond its control.

In the event of unlawful use, hacking, security breaches or intrusion into its infrastructure, or in the event of counterfeiting of the Services or an element of the Services, the company JSYS reserves the right to interrupt access to the Services after prior notification to the User, except in cases of emergency.

The use of the Services is at the User's own risk. Furthermore, under no circumstances shall the company JSYS be held liable for indirect damages, loss of profits, anticipated gains or savings, loss of revenue, loss of data, commercial damage, loss of opportunity, consequences of complaints or claims by third parties, notwithstanding the fact that the company JSYS may have been warned of their occurrence, relating to a defect or failure of the Service(s).

8. INTELLECTUAL PROPERTY

The company JSYS holds, directly or through its licensors, all intellectual property rights relating to the SaaS Application and the Documentation, which it retains with all related prerogatives.

In this regard, all Intellectual Property Rights relating to the Website http://www.archifacile.fr/ (including all patents, rights to inventions, texts, images, videos, formatting, graphics, structure, trademarks and all intellectual property rights, in each case), with the exception of the User's account content, are the exclusive property of the company JSYS or of third parties holding rights.

The User does not acquire any intellectual property rights, nor any right, title or prerogative over the ArchiFacile Application or the Documentation other than the right of use granted in accordance with and within the limits of the Subscription taken out.

The User undertakes to keep intact all intellectual property notices on the Services or the Documentation, and more generally refrains from any act that could directly or indirectly infringe upon the rights of the company JSYS over the Services or its brand image.

The User undertakes not to use all or part of the past, present or future content of the ArchiFacile.fr Website for commercial purposes without having obtained the prior authorisation of the company JSYS.

9. PERSONAL DATA

The company JSYS is extremely committed to respecting privacy and protecting Personal Data. The practices of the company JSYS, which are the same as those used for the SaaS Application, are detailed in the Privacy Policy which the User may consult by clicking on the following link: Privacy Policy.

Under the GDPR, the User has the following rights over their Personal Data: (i) access, (ii) rectification, (iii) erasure, (iv) restriction, (v) objection and (vi) portability to a third-party provider where applicable, as well as the right to determine the fate of their Personal Data in the event of death.

They may exercise their rights:

By contacting the company JSYS directly by email:
- it is also possible for the User to send a letter to the company JSYS at the following postal address: JSYS - 1435 route des crêtes 82120 Mansonville

In the event of a dispute, the Customer and interested parties (Customer representatives/contacts) also have the right to lodge a complaint with the CNIL online using the service available at the following address: www.cnil.fr/fr/plaintes, or by post at the following address: 3 place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.

Any request for erasure of Personal Data, which may be made at any time at the aforementioned address, may prevent the use of the Services when it concerns data strictly necessary for such use.

10. MISCELLANEOUS PROVISIONS

10.1 Applicable Law and Jurisdiction

These GTU are governed by French law.

The company JSYS is always willing and strongly encourages recourse to an amicable solution before any legal action.
In the event of failure of the amicable resolution of the dispute, the Commercial Court of Montauban shall have sole jurisdiction, even in the event of a guarantee claim or plurality of defendants.

In the event that any of the following provisions were to be declared null and void by law, the other provisions hereof shall remain applicable.

10.2 Force Majeure

In any event, the company JSYS shall not be held liable for the non-performance of its obligations due to force majeure, fortuitous events, the application of the provisions of Article 1218 of the French Civil Code and the interpretation of French case law thereof, including but not limited to strikes, floods, fires, computer failures, power outages, telephone network outages, Internet network outages, etc.

10.3 Contact ARCHIFACILE

In general, if the User has any questions or comments regarding the General Terms or the Services, they may contact the company JSYS at the following address:

The French version of this document shall prevail in case of dispute.