The company Stormz (hereinafter referred to as "Stormz") publishes a software solution to facilitate solo brainstorming sessions (hereinafter referred to as the "Tool") intended for its professional customers (hereinafter referred to as "Users") within the framework of their business activity. Stormz offers the Tool through an Internet platform that can be accessed at the following address: https//sparkitup.ai (hereinafter referred to as the "Platform"), which is provided for any user of SaaS Services (Software as a Service) (hereinafter referred to as the "Services").
The Tool may be used for business activities such as, without this list being exhaustive: growth tactics ideation, branding brainstorming, marketing analysis or strategic planning activities (hereinafter referred to as the "Activities").
The Services are offered by Stormz to any User having opened an account on the Platform.
The purpose of these General Terms and Conditions of use of the Services (hereinafter referred to as the "General Conditions") is to define the terms and conditions relating to the provision of the Services to Users.
Stormz and Users are hereinafter collectively or individually referred to as the "Party" or "Parties".
The applicable version of the General Conditions is the version which can be consulted online on the Platform. They may be subject to certain additional specific conditions, which, in the event of any inconsistency between the General Conditions and these specific conditions, the latter shall prevail.
The Parties hereby agree that these General Conditions constitute the entire agreement between them and cancel and replace any prior propositions or contracts they may have had together.
Users declare that by registering for the Services under the conditions provided for in Article 4 hereunder "Registration Process", they are aware of and expressly accept the contents of these General Conditions. This acceptance can only be full and unequivocal, without modification of any nature whatsoever. Any qualified acceptance shall be considered null and void. Users who do not accept to be bound by the General Conditions must not use the Services.
The Platform and the Services can be accessed by:
Any individual having the full legal capacity to be bound by these General Conditions in their own name and on their own account (hereinafter referred to as the "Individual User").
Any legal entity acting through an individual having full legal capacity to contract for and on behalf of the entity (hereinafter referred to as the "Company User").
The Individual User and the Company User are hereinafter referred to without distinction, collectively or individually, as the User or Users.
Users may access the Services in the role of:
Facilitator: a facilitator is a User that can create Activities (hereinafter referred to as a "Facilitator"), it being understood that when a Facilitator is a Company User, Activities can be created by any person authorised by the latter to use the Services on its behalf (hereinafter referred to as "Designated Facilitator")
All Users must open a User Account with Stormz on the Platform in accordance with the process described below. Users are required to:
Fill in a registration form, providing all required information. Users agree to inform Stormz without delay of any changes in the said information at the contact address indicated in the article "Identification" of these General Conditions. Users ensure Stormz that the information they provide in the registration form at the moment they open their User Account is exact.
Choose a password. Users may change their password at any time in the "Settings" tab of their User Account. It is advised to change the password regularly.
Registering for the Services automatically allocates a personal space in a format, and according to the technical means, that Stormz deems the most appropriate for providing the Services, that includes a customisable web page enabling the User to avail of and manage the Services (hereinafter referred to as the "Profile").
Users hereby acknowledge and accept that they can access the Services by connecting to their User Account using their email address and the password, chosen at the time of registering.
A single User Account may be created per User. The person whose personal information was provided on the registration form is considered to be the User of the Services, and this excludes any other third party, it being understood that in the case where the User Account was created by a Company User, the said User Account may be effectively used by Designated Facilitators.
Consequently, Users undertake to use the Services personally, and not to allow any third party to use them on their behalf, this including any other User of the Services, unless the former accepts full responsibility for the consequences, and this, subject to operation of the User Account of a Company User by one or more of its Designated Facilitators.
Each User is also responsible for keeping their login ID and password confidential and expressly acknowledges that any use of the Services from their User Account shall be deemed to have been carried out by the User in question. When the User Account is created by a Company User, the latter acknowledges that its User Account may be used by one or more Designated Facilitators, using the former's login ID and password. In this case, the Company User undertakes to ensure that each Designated Facilitator keeps the former's login ID and password strictly confidential.
In the event that a User discovers that their User Account was used without their prior knowledge, this User undertakes to inform Stormz as quickly as possible, at the address indicated in the Article "Identification" of these General Conditions.
Users have access to the following Services, in a format and according to the technical means that Stormz deems the most appropriate, for the term of these General Conditions, as stipulated in the Article "Term" (hereinafter referred to as the "Subscription Term").
Stormz may provide the Facilitator with a specific support service as well as training in order to enable the Facilitator to create and host a Activity.
These Services shall be provided through any means deemed useful by Stormz. The conditions of these Services shall be defined specifically between the Parties by mutual agreement.
Stormz makes a range of Activity Formats available to Facilitators that can be accessed from the latter's personal Profile in the case of an Individual User or from the Profile of a Company User.
Facilitators import the Activity Formats into their Profiles, so as to then modify them at their convenience for the creation of one or more Activities which they then save in their Profile using the "Save" function.
Activities remain available in the User's Profile and may be modified and reused at Users' convenience for the entire Subscription Term.
Only the Facilitators can access their own activities.
Stormz grants Facilitators, for the Subscription Term, and this worldwide, the non-exclusive and non-transferable right, to use the Tool, in the version existing on the day of signing these General Conditions, as well as any future versions made available to them on the Platform, as well as to use the relating technical documentation, for the sole purposes of organising Activities, and for an unlimited number of Activities throughout the Subscription Term.
This license to use the Tool and its documentation is granted to Facilitators subject to full payment of the price, under the conditions provided for in the Article "Pricing Conditions" below.
Facilitators expressly agree not to use the Tool for any other purpose than that for which it was intended, and agree not to attempt to reproduce, adjust or adapt the Tool, make it available to any third parties, create any product derived from all or part of the Tool, to sell or lease the Tool.
Stormz grants Facilitators, for the Subscription Term, and this worldwide, the non-exclusive, personal and non-transferable right to:
Use the Activity Formats, that can be described as models of activity sequences proposed to Facilitators through the Tool, as well as all or part of their contents of whatever type, such as images, logos, text used for the said activity sequences (hereinafter referred to as "Activity Formats"), through their use on the Platform, to the exclusion of any other use
This license to use the Tool and its documentation is granted to Facilitators subject to full payment of the price, under the conditions provided for in the Article "Pricing Conditions" below.
Stormz reserves the right to propose any other service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said service.
Stormz undertakes to ensure, in terms of an obligation of means, the hosting of the Tool, the Users' data and Deliverables, in compliance with trade practices and industry standards, on servers, or by a professional hosting provider, the latter conducting its business in compliance with trade practices and industry standards.
Within this framework, Stormz undertakes to provide Users with sufficient storage and processing capacity for their use of the Tool, in compliance with trade practices and industry standards.
Stormz undertakes to implement all necessary technical means, in compliance with industry standards, to ensure the security of and access to the Services, relating to the protection and surveillance of the infrastructures, control over the physical and/or virtual access to said infrastructures, as well as the implementation of measures of detection, prevention and recovery in order to protect the servers from intentional degradation.
Stormz also undertakes to take all relevant precautions, with regard to the nature of the data and the risks incurred with automatic data processing, implemented for the requirements of the Services, in order to maintain the security of the data, and in particular to prevent this data from being from being deformed or damaged and to prevent any third party from accessing it.
Stormz undertakes to ensure the quality, permanence and continuity of access to and use of the Tool.
In this respect, Stormz shall do everything in its power to maintain access to its tools 24 hours a day and 7 days a week and guarantees the availability of the Services at 98%, except in cases of force majeure.
Having regard to the complexity of the Internet, the disparity in capacity of different sub-networks, varying traffic levels of users at certain times on the Platform, the various bottlenecks over which Stormz has no control, Stormz's liability shall be limited to the operation of its servers, whose external limits are composed of connection points.
Stormz shall not be held liable for (i) access speed to its servers, (ii) network slowdowns external to its servers, or (iii) faulty transmissions caused by technical malfunctions or failures of these networks.
Where necessary, Stormz reserves the right to limit or suspend access to the Services in order to carry out maintenance of the Tool and/or the Platform. In this case, Stormz undertakes to inform Users of these maintenance operations at least 24 hours in advance, through all pertinent channels such as through a general information notification on the home page of the Platform. Stormz shall do everything in its power to see to it that these maintenance operations do not exceed 8 hours and shall perform them outside working hours, the latter being between 8 am and 9 pm Monday to Friday, local time in Paris, France.
In the event of a hardware and/or software failure of its equipment, Stormz undertakes to implement all necessary means to restore access to the Services in the shortest possible time and at its expense. In any case, and in the event of a computer failure lasting more than 4 hours, backup solutions shall be implemented by Stormz within 5 hours of the moment the services were interrupted in order to ensure continuity of the Services.
Users hereby acknowledge and accept that this service level guarantee does not cover every breakdown or interruption of the Services whose cause originates from telecommunications operators or Internet service providers.
In any case, it is hereby expressly agreed between the Parties that any failure to respect any agreement in this Article shall not be considered as a breach of these General Conditions and liability shall be limited under the conditions provided for in the Article "Liability" below.
Stormz offers support to Users, free of charge, that can be accessed through the "Help" tab of the Users' Profile or by email at the following address: firstname.lastname@example.org enabling Users to obtain any information necessary for their use of the Tool and the Activities.
Stormz undertakes to reply to any support request within a maximum of twenty-four (24) hours from receipt of said request, calculated based on an intervention window that runs from Monday to Friday, excluding public holidays, from 9 am to 6 pm (hereinafter referred to as the "Support Window").
Stormz ensures, free of charge, the corrective maintenance of the Tool, this being understood as diagnostics and correction of any anomaly affecting its operation.
Users undertake to report to Stormz any anomaly, this being understood as any incident of a reproducible malfunction that reduces or prevents use of the Tool as described in its technical documentation, and that cannot be attributed to misuse of the Tool, and this notification shall be sent as quickly as possible to the email address indicated in the Article "Technical Support". Users undertake to describe the difficulties encountered and the circumstances under which they occurred as precisely as possible.
Stormz undertakes to carry out diagnostics of the anomaly based solely on the information provided by the User in question in the incident report, within a maximum of twenty-four (24) hours of reception of the maintenance request within the Support Window.
After such period, Stormz undertakes to do everything in its power to correct the reported anomaly through the Platform within two (2) working days.
It is hereby expressly agreed between the Parties that any failure to respect any agreement in this Article shall not be considered as a breach of these General Conditions and liability shall be limited under the conditions provided for in the Article "Liability" below.
Stormz Provides Users with evolutive maintenance of the Tool, this being understood as the provision of updates, that include a compilation of corrections for anomalies and improvements brought to the Tool in relation to ergonomics, operation speed or efficiency, or any new version, understood as any addition of new functions to the Tool, enabling the improvement of the Tool's existing functions, as well as the development of new functions.
Stormz shall solely decide the number of updates and/or new versions that it will provide during the Subscription Period. Stormz may decide not to provide and update and/or new version during the Subscription Period and/or the Subscription Term.
Stormz shall inform Users of any update or new version to be installed at least twenty-four (24) hours before its availability.
The cost of evolutive maintenance services is included in the Subscription price.
Subscription to the Services is valid for the term of the User Account, until said account is closed by either Party, for whatever reason, under the conditions provided for in the Article "Closing a User Account" (hereinafter referred to as the "Term").
Creating an account is free of charge.
There are service fees for access to the Services as a Facilitator. Stormz offers various monthly Subscription packages. The applicable pricing scheme for Subscription to the Services shall be the pricing scheme in force at the date of registration, as indicated on the Platform. Prices are expressed in Euro and are inclusive of French taxes.
The various Subscription packages are offered to Users when they use the "Save" function for the first time in their Profile (hereinafter referred to as the "Date of Subscription") and may be consulted on the Platform at any time. Users hereby acknowledge and accept that their choice of Subscription package determines their access to the Services as Facilitators and consequently, their use of the Activities.
Users may change their Subscription package at any time. If this Subscription change is made during a month already started, Users hereby acknowledge and accept that the new Subscription shall take effect on the first day of the following month.
The price of the Subscription shall be due for an unlimited number of Activities created by Users, within limits depending on the chosen Subscription package.
The price of the Subscription shall be due in full on the Subscription Date, and shall apply for the current month at that date, for the Term of these General Conditions, except when the Services reserved for Facilitators have been terminated in the User Account.
Stormz reserves the right, in its sole discretion and according to conditions that it deems appropriate, to propose promotional offers or price reductions.
Prices referred to in the Article "Financial conditions" may be subject to review by Stormz at any time, in its sole discretion.
Users shall be informed of any price changes by Stormz through notification on the home page of the Platform, at least thirty (30) days before the new rates come into force.
Failing cancellation of the Subscription within the period stated above, the new prices shall come into force the month following said period.
Monthly invoices for the Services shall be sent by Stormz to Users through all pertinent channels. The first invoice shall be issued on the Subscription Date of the current month.
The price shall be payable, depending on the options proposed by Stormz at its sole discretion, by bank transfer to Stormz's bank account, the details of which shall be indicated on the invoices, within thirty (30) days of the date the invoice was issued by Stormz.
Users guarantee Stormz that they dispose of the required authorisation to use the chosen means of payment. They agree to take all necessary measures to ensure that the bank transfer can be made.
Users are hereby informed and expressly agree that any lateness of payment of all or part of an amount at its due term, shall automatically entail, without prejudice to the provisions set out in the Article "Closing a User Account" and without prior formal notice:
Without prejudice to other obligations provided for in these General Conditions, Users undertake to respect the following obligations.
Each Client guarantees Stormz that the former has all the necessary rights and authorisations for the publication of this Content.
Clients agree that this Content is legal, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third party rights or legal provision and/or regulation, and, more generally, is in no way likely to bring the civil or criminal liability of Stormz into play.
Users therefore undertake to refrain from publishing, in particular, but not limited to:
Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, slanderous, or of a violent, racist, xenophobic or revisionist nature
Content that is detrimental to the image of any third party
Content that is false, misleading or proposing or promoting unlawful, fraudulent or misleading activities
Content that could harm a third party's computer system (such as viruses, worms, Trojan horses, etc.)
And more generally, any Content that is likely to infringe on the rights of others or cause harm to others in any manner or form.
Stormz declares that it collects and processes data relating to Users and hosts this data on the Platform for the purposes of operating the Services. This data constitutes personal data as understood in the French Law N° 78-17 of 6th January 1978.
Stormz declares that it complies with all obligations and regulations is it is subject to with regard to the protection of personal data, aimed at ensuring the security and the confidentiality of the collected and processed data. Stormz undertakes to make all obligatory declarations to the French National Commission for Data Protection and Liberties (CNIL).
Data thus collected and processed shall be used for the purposes of, and under the conditions stipulated in, the Charter concerning the Protection of Personal Data.
Each User declares that they comply with all obligations and regulations they are subject to with regard to the protection of personal data, aimed at ensuring the security and the confidentiality of the Personal Data. Each Client undertakes to make all obligatory declarations to the French National Commission for Data Protection and Liberties (CNIL).
Stormz, in its role as sub-contractor, as understood from Article 35 of the French Law N° 78-17 of 6th January 1978 and amended by the Law N° 2004-801 of 6th August 2004, undertakes to take all relevant precautions to preserve the security of the Personal Data that it shall process for Users while operating the Services.
Stormz consequently undertakes to take all necessary measures to prevent that the Personal Data be deformed, damaged or exchanged with any unauthorised third party. For this purpose, Stormz undertakes (i) not to make any copy of the Personal Data without the express agreement of Users, (ii) to only use the Personal Data upon instruction of Users within the framework of operating the Services, (iii) not to divulge or transfer the Personal Data to any third party, (iv) to take any measure that would help prevent any inappropriate or fraudulent use of the Personal Data, (v) to take all technical security measures to preserve the integrity of the Personal Data, (vi) to destroy the Personal Data when these General Conditions arrive at their term.
In the event of loss of Personal Data, Stormz shall only be held liable in the case where it has not respected its legal obligations in its role as sub-contractor. It shall in no case be held liable in the event of misuse or negligence by Users.
It is strictly prohibited for Users to use the Services to the following ends:
Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others
Violating public order or any local policies or laws
Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party's computer system, violating its integrity or its security
Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above
And more generally, any action that uses the Services for any other purpose than that for which they were intended.
Users are strictly prohibited from copying and/or using for their own purposes or those of a third party, the concept, technology or any other component of the Platform, the Tool or the Activities.
The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Services, (ii) any hacking or attempts to hack into the Platform's systems, (iii) any hijacking of the Platform's system resources, (iv) any acts that would place a disproportionate load on the Platform's infrastructure, (v) any attempts to breach the Platform's security, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of Stormz or of the users of its Platform, and finally more generally, (vii) any breach of these General Conditions.
These General Conditions do not give Users any intellectual property rights on the Platform, the Tool, its Technical documentation or the Activity Formats, which all remain the exclusive, full and unequivocal property of Stormz. Users are only provided with a simple licence to use the Tool and the Activity Formats as appropriate, under the conditions set out in the Article above, "Description of Services".
Any reproduction, representation, distribution, adaptation or sale of the Tool and/or the Activity Formats by Users, not in compliance with the aforementioned provisions, would constitute the offence of counterfeiting, in accordance with the provisions of Article L.335-3 of the French Intellectual Property Code.
Each User guarantees Stormz against any claims, demands, actions and/or grievances whatsoever, that Stormz could incur as a result of a breach by the User in question of any one of its obligations or guarantees under these General Conditions.
Clients agree to compensate Stormz for any prejudice that the latter would be subject to, and to pay any costs, liabilities, charges and/or orders to pay costs that the latter could incur, as a result of such a breach.
Stormz guarantees Users that the Tool and the Activity Formats, as well as the Technical documentation, do not constitute an infringement on any other element or software application belonging to any third party.
Stormz guarantees Users against any claims, demands, actions and/or grievances of any third party suggesting that the Tool, the Activity Formats or the Technical documentation constitute an infringement on the third party's copyright. It agrees to compensate Users for any prejudice that the latter would be subject to, and to pay any expenses, charges and/or orders to pay costs that the latter could incur, as a result of such prejudice.
Stormz agrees to provide the Services with diligence and in compliance with trade practice, bearing in mind that it has an obligation to provide means, but this without any obligation of result, and this is hereby expressly acknowledged and agreed by Users.
Users declare to have been informed that Stormz's role in these General Conditions is limited to the provision of the Services described in the Article "Description of Services". Users are hereby expressly informed and accept that the Tool is a simple aid in running Activities. Users acknowledge that Stormz has no knowledge of the Content of, and/or more generally, the resulting effects of the use of the Services during the Activities and/or stored by Users in their Profiles within the framework of the Services, for which Stormz shall not provide any moderation, selection, monitoring or control service of any sort and with regard to which the latter only intervenes in its role as hosting service provider.
Consequently, Stormz cannot be held liable for Content whose authors are third parties, and any potential claims should be made firstly to the author of the Content in question.
Stormz declines all responsibility in the event of loss or potential deterioration of information and data stored by Users in their Profile, except as provided for in the Article "Personal Data", it being Users' responsibility to make a backup copy and the latter shall not be able to claim for any damages in this respect. Stormz also declines all responsibility in the event of loss or deterioration of said data should this occur during the backup or destruction of data by Users during the term of these General Conditions.
Stormz does not guarantee Users that the Services, which are subject to constant research to improve their performance and their development in particular, shall be totally free of errors, faults or defects.
In any case, Stormz's liability within the framework of these General Conditions shall be expressly limited as follows:
Stormz shall not be held liable to Users, for the payment of any damages of any nature, be they directs or indirect, material, financial or moral, from the Users' use of the Services or of the Platform.
Stormz's liability shall be limited solely to direct actual damages suffered by Users in their role as Facilitators. Stormz shall not be held liable to Users for the payment of direct, material, commercial, financial or moral damages, of any nature whatsoever, caused during the Users' use of the Services, for an amount exceeding the amounts invoiced by Stormz by way of compensation for the Services that gave rise to its liability, at the time the alleged damages occurred. Moreover, Stormz's responsibility can only be assumed if a User sends the former a claim, by registered letter with acknowledgement of receipt, within a period of one (1) month following the said occurrence.
Users expressly authorise Stormz to cite and reproduce the former's trade name and/or trade mark and/or logo as customer references, especially at trade fairs or promotional events, in its business documents and on its Internet website, in any form, for a period of five (5) years from the date of signing these General Conditions.
Users may end their subscription at any time using the function "Deactivate your account", that can be accessed in the "Settings" of the User Account. Deactivation of the User Account is immediate. Users hereby acknowledge and accept that closing their User Account entails the loss of all the Activities and data stored in their Profile.
Users who access the Services as Facilitators may end their subscription at any time using the function "Unsubscribe", that can be accessed in the "Settings" of the User Account. The User Account itself shall not be closed.
Users may reactivate their User Account by connecting to their Profile using their login ID and password on the Platform at any time for three (3) years from the date they deactivated their User Account. After this period of three (3) ans, the User Account shall be definitively closed and the data collected by Stormz at the moment of registering shall be destroyed by Stormz, in accordance with the provisions set out in the French Law N° 78-17 of 6th January 1978 on Computer Processing, Filing Systems and Liberties.
Stormz declares that it complies with fiscal and social legislation in force, to be up to date in its payment of social security contributions and to be able to provide evidence of compliance with the various applicable requirements in this regard, at the request of Users. Stormz shall supply Users, should the latter make the request, and this as often as is necessary until these General Conditions arrive at their term, with the following documents:
(i) An identification slip proving registration with the trade register or a certificate of registration with the Trade and Companies Register, dated less than three (3) months ("extrait K-bis", i.e. proof of company registration)
(ii) Proof of delivery of Stormz's social security declarations, issued by the social security agency responsible for collecting social contributions
(iii) A sworn statement, in which Stormz certifies that it has filed with the tax authorities on the date of the statement, all required tax returns, and that the work shall be conducted with employees that are legally employed with regard to the Labour Code.
Each of the Parties hereby undertakes, for the entire Subscription Term, to take out or extend the necessary insurance policies to cover their professional civil liability should their liability be incurred, in such a way as to cover the financial consequences of any damages they may have to face.
These General Conditions are deemed to have been concluded as a personal service agreement where the particular individuals for each of the Parties concerned cannot be replaced, and therefore the aforementioned Parties shall not delegate or transfer any rights under these General Conditions, nor shall they entrust all or part of their obligations to any third party, without the prior written consent of the other Party.
Stormz shall not be held liable to Users to the extent that the former's performance of their obligations is delayed, curtailed or prevented due to any circumstances of force majeure. Cases of force majeure, are those generally recognised as such by jurisprudence and the French courts.
An event of force majeure shall initially suspend operation of the Services for a period that shall not exceed two (2) months. In the event that the case of force majeure should continue for a period longer than the aforementioned period, the Parties may terminate these General Conditions ipso jure, without any judicial formality being required, without notice and without any claim to compensation of any type whatsoever, by sending a registered letter with acknowledgement of receipt having immediate effect.
In the event that these General Conditions are translated into one or more languages, the language of interpretation shall be French in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
Stormz reserves the right to amend these General Conditions at any time.
Users shall be informed of any amendments through all pertinent channels, at least fifteen (15) days before their entry into force. The amended General Conditions shall be immediately applicable for all Users once they are published on the Platform.
If any User does not accept the amended General Conditions, this User must terminate their subscription under the conditions stipulated in the Article "Closing a User Account" of these General Conditions. Failing this, Users shall be deemed to have accepted the amended General Conditions, and to which they shall be fully bound.
Should any provision of these General Conditions be deemed invalid or inapplicable due to a law or a regulation, or following a final judgement delivered by a competent jurisdiction, solely the provision in question shall be deemed invalid or inapplicable, and the other provisions shall remain in full force and retain their full scope.
Stormz is a simplified joint stock company, registered under number 750 296 741 with the Registry of Trade and Companies of Pontoise, and whose head office is located at 54 rue René Boulanger, 75010 Paris.
Stormz may be contacted through any of the following channels:
These General Conditions are governed by French law. Any disputes regarding their validity, their interpretation and/or their enforcement shall fall within the exclusive jurisdiction of the courts of Paris, France, save conflicting mandatory rules of practice.
These General Conditions become effective on the 11 december 2015.