Terms and conditions of use
@Skeem
Welcome to Skeem!
We invite you to access our website and use our Skeem collaborative platform. Please note, however, that this invitation is conditional upon your acceptance of these Terms and Conditions of Service. This document details your rights and ours in relation to the provision of the Service (as defined below). Please read these Terms and Conditions carefully.
INTRODUCTION
A - What do these terms and conditions represent?
This web page represents a legal document that governs the legal terms of use of our website, www.skeem.io, subdomains and all associated web and mobile applications (collectively, "Platform"), as owned and operated by Skeem, a trade name owned by No Glitch SAS, a company developing SAAS services in the media field.
B - Can the Terms of Service change?
We may modify these Terms to add new features and technologies, or to comply with legal requirements. We advise you to consult them regularly. You will be kept informed of any significant change and, where appropriate, We will ask for your consent.
If We update these Terms, you are free to choose whether to accept the updated terms or to stop using our Service (see "How to close my account" below); your use of the Service after it has been effectively updated will be deemed to represent your agreement and consent to the new Terms. Except for changes that We make in the conditions described herein, no other amendment or modification of these Conditions will be effective unless it is formalized by a written agreement bearing our handwritten signature as well as yours. Please note that e-mails or other communications do not constitute an effective written agreement.
By using our Collaborative Platform, you agree to fully comply with and be bound by our legal terms. Please read them carefully. If you do not agree to our legal terms, do not access or use our Collaborative Platform. If you have already accessed our Collaborative Platform and do not agree to our legal terms, you must immediately stop using our Service.
C - Definitions
The terms "We" or "Us" or "Our" refer to Skeem, the owner of the Collaborative Platform.
A "Visitor" is a person who simply browses our website, but who has not registered as a Member.
A "Member" is a person who has registered with Us by creating an account to use our Service.
Our "Service" represents the collective functionality and features offered to our members through our Collaborative Platform.
A "User" is a collective identifier that refers to either a Visitor or a Member.
A "Subscription" refers to the act of purchase which commits the User to the subscription of a project. (see article A.2 below).
A "Subscription" is the purchase of a project that entitles the User to use the Service for said project. The user is debited monthly for the amount of the Subscription (see article A.3 below).
All text, information, graphics, audio, video and data offered on our Collaborative Platform are collectively known as "Content".
D- Legal compliance
You agree to comply with all applicable national and international laws, statutes, ordinances and regulations regarding your use of our Collaborative Platform. Skeem reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action We deem appropriate, including but not limited to canceling your member account, reporting any suspected illegal activity to law enforcement, regulators or other third parties and disclosing any necessary or appropriate information to such persons or entities regarding your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information, as permitted by our Privacy Policy.
E- Intellectual property
Our Collaborative Platform may contain our service marks or trademarks and those of our subsidiaries or other companies, in the form of words, graphics and logos. Your use of our Collaborative Platform does not constitute a right or license to use any such service mark or trademark, without the prior written permission of the owner of the corresponding service mark or trademark. Our collaborative platform is also protected by international copyright laws. The copying, redistribution, use or publication by you of any part of our Collaborative Platform is strictly prohibited. Use of our collaborative platform does not give you any ownership rights whatsoever in said platform.
TERMS & CONDITIONS
Our legal terms and conditions will be treated as if they were performed in France, and will be governed by and construed in accordance with the laws of France, without regard to conflicts of law principles. You further agree to submit to the personal jurisdiction and venue of such courts. Any cause of action you may have with respect to our Collaborative Platform must be commenced within one (1) year after such cause of action arose or be forever barred. If any part of our legal terms is held to be invalid or unenforceable, that part will be construed in accordance with applicable law and the remaining parts will remain in full force and effect. To the extent that any content on our Collaborative Platform conflicts or is inconsistent with our Legal Terms, our Legal Terms shall prevail. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision or the right to enforce it. Skeem's rights under our Legal Terms shall survive the termination of our Legal Terms.
A. Pricing and subscription policy
Skeem offers a 15-day free trial for the first plan subscribed to, whatever the plan. The User is not liable for any fees if he cancels or terminates the subscription before the end of the free month. At the end of the trial period, the subscription starts automatically according to the chosen plan. Remember to terminate the subscription before the end of the trial period. A reminder email will be sent to you 3 days before this date.
A.1. Rate
Skeem invoices on a monthly subscription basis. The proposed plans are available on the pricing page.
A.2. Pausing projects
Skeem proposes an offer based on project pausing which allows the User to adapt Skeem's tariff to his volume of activity.
Users can view and activate or suspend their projects in their Organization menu by clicking on "Organization settings" then "Project management".
A.3. Subscription
The subscription is monthly. Prices vary according to the number of active projects, available storage capacity and other features. Payment is taken at the time of subscription for the current month (excluding the free trial period on first subscription). The renewal date occurs on the subscription date of each subsequent month. For example, if you subscribed to a plan on December 10, the renewal will take place on the 10th of each month thereafter until the subscription is cancelled, i.e. January 10, February 10, March 10, etc.
A.4. Cancellation
The subscription can be cancelled at any time without deleting the account. The user is then billed pro rata for the subscription time.
B. Storage space
Skeem offers space-limited storage depending on the plan selected. Beyond this limit, the platform invites the user to choose a plan appropriate to his use and to modify his plan.
C. Account deletion
The User may delete his account at any time by sending an e-mail to support@skeem.io with the subject "Skeem account deletion".
D. Data processing appendix
This Data Processing Annex (the "Annex") is drawn up by and between No Glitch SAS, whose registered office is located at 10 rue de Penthièvre 75008 Paris, France, and the "User". This Appendix is incorporated into Skeem's Terms of Service ("Contract") and is intended to satisfy the requirements of Article 28(3) of the GDPR and, prior to the date on which the GDPR takes effect, the requirements of Article 17(3) of the European Data Protection Directive (95/46/EC). The Annex takes effect for the duration of the agreement.
D.1. Definitions
D.1.1. The "User's Personal Data" is the personal data for which the User is the data controller;
D.1.2. "Data Protection Legislation" means all applicable data protection and privacy legislation, including, without limitation, the European Data Protection Directive 95/46/EC and Directive 2002/58/EC and all local laws and regulations amending or replacing any of them, including the GDPR, as well as any national implementing legislation in any member state of the European Union or, to the extent applicable, in any other country, as amended, repealed, consolidated or replaced from time to time ;
D.1.3. "GDPR" means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ;
D.1.4. The terms "personal data", "data subject", "personal data breach", "processing", "processor" and "controller" will each have the meaning given to them in the GDPR.
D.2. Processing of Users' personal data
D.2.1. The parties acknowledge and agree that the User is the Controller of the User's Personal Data and that Skeem is the Processor of such data. Skeem will only process the User's Personal Data as Processor on behalf of the User and in accordance with the User's prior written instructions and for no other purpose. Skeem is hereby instructed to process the User's Personal Data to the extent necessary to enable Skeem to provide the Services in accordance with the Agreement.
D.2.2. If Skeem is unable to process the User's Personal Data in accordance with the User's instructions due to a legal obligation under any applicable European Union or Member State law, Skeem will (i) promptly inform the User of such inability, providing a reasonable level of detail of the instructions it cannot comply with and the reasons why it cannot comply, to the maximum extent permitted by applicable law; and (ii) cease all Processing of the User's Personal Data concerned (other than the simple storage and maintenance of the security of the User's Personal Data concerned) until the User issues new instructions with which Skeem is able to comply. If this provision is invoked, Skeem shall not be liable to the User under the Agreement for failure to perform the Services until the User issues new instructions. Skeem will immediately inform the User if, in its opinion, any instruction from the User infringes data protection legislation.
D.2.3. The User and Skeem will each comply with their respective obligations under data protection legislation. The User shall ensure that it has informed the relevant persons and has obtained (or will obtain) all rights and consents (if required by applicable data protection legislation) to allow Skeem to process the User's personal data in order to provide the Services in accordance with this Appendix and the Agreement.
D.3. Privacy
D.3.1. Skeem will ensure that any person authorized by Skeem to process Users' personal data on its behalf is subject to confidentiality obligations regarding Users' personal data.
D.4. Safety measures
D.4.1. Skeem will implement appropriate technical and organizational measures to protect against the destruction, loss, alteration, unauthorized disclosure or accidental or unlawful access to Users' personal data.
D.4.2. Skeem will provide the User, at the User's request and subject to the User paying all Skeem fees at prevailing rates, as well as all costs, reasonable assistance necessary to fulfill the User's obligation to keep the User's Personal Data secure.
D.5. Subcontractors and payment processors
D.5.1. The User authorizes Skeem to appoint subcontractors to perform specific services on behalf of Skeem, which may require such subcontractors to process the User's personal data. If Skeem engages a secondary processor to process Users' personal data, it will do so with the same obligations as apply to Skeem under this Appendix. If any of its subcontractors fails to meet its data protection obligations, Skeem shall be liable to the User for the performance of the obligations of its subcontractors.
D.5.2. Skeem uses a third-party payment processor, Stripe, to bill the User through a payment account linked to the User's account for the use of paid services. Payment processing will be subject to the payment processor's terms, conditions and privacy policies in addition to this agreement, available at https://stripe.com/fr/legal. Skeem is not responsible for errors made by the payment processor. By electing to use the paid services, the User agrees to pay Skeem, through the payment processor, all charges at the then current prices for any use of such paid services in accordance with the applicable payment terms. The User thus agrees to make payment using the chosen method of payment.
D.6. Rights of the person concerned
D.6.1. Skeem will provide the User, at the User's request and subject to the User paying all Skeem's fees at prevailing rates, as well as all expenses, with the assistance necessary to fulfill the User's obligation to respond to requests to exercise the rights of Concerned Persons. Skeem will not respond to such requests without the User's prior written consent and written instructions. The User is solely responsible for responding to such requests.
D.7. Violation of personal data
D.7.1. Skeem will inform the User as soon as possible after becoming aware of any Personal Data Breach affecting the User's Personal Data. At the User's request and subject to the User paying all Skeem fees at the prevailing rates, as well as all charges, Skeem will promptly provide the User with all reasonable assistance necessary to enable the User to notify relevant security breaches to the relevant data protection authorities and/or data subjects, if the User is required to do so under the GDPR. The User is solely responsible for complying with any data incident notification requirements applicable to the User and for fulfilling any third party notification obligations related to any data incident.
D.8. Deletion of the User's personal data
D.8.1. Skeem will return or delete, at the User's option, the User's Personal Data to the User after the end of the provision of the Services relating to the Processing and will delete existing copies unless the applicable legislation of the European Union or of a Member State requires the storage of the data.
D.9. Liability
D.9.1. The liability of each Party to the other Party under or in connection with this Annex shall be limited in accordance with the provisions of the Agreement.
D.9.2. The User acknowledges that Skeem is dependent on the User to determine the extent to which Skeem is permitted to process the User's Personal Data in connection with the performance of the Services. Accordingly, Skeem shall not be liable under the Agreement for any claim brought by a Data Subject resulting from any action or omission of Skeem, to the extent that such action or omission is a direct result of the User's instructions or the User's failure to comply with its obligations under applicable data protection law.
D.10. General provisions
With respect to the subject matter of this Appendix, in the event of any inconsistency between the provisions of this Appendix and those of the Agreement, the provisions of this Appendix shall prevail.
