Welcome to Skeem!
We invite you to access our website and use our Skeem Collaborative Platform. Please note, however, that this invitation is conditioned upon your acceptance of these Terms and conditions of use. This document describes in detail your rights and ours in relation to the provision of the Service (as defined below). Please read these Terms carefully.
A – What are these Terms and Conditions of Use?
B – Can the Terms of Service change?
We may change these Terms to add new features and technologies, or to comply with legal requirements. You should review them regularly. You will be notified of a significant change and, if applicable, We will ask for your consent.
If We update these Terms, you have the option of accepting the updated terms or discontinuing use of our Service (see “How to Terminate 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 to the terms described herein, no other amendment or modification to these Terms will be effective unless it is in writing and signed by Us and You. Please note that emails or other communications do not constitute an effective written agreement in this regard.
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 is only browsing 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 that 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 by our collaborative Platform are collectively known as “Content”.
D- Legal Compliance
E- Intellectual Property
Our Collaborative Platform may contain our service marks or trademarks, as well as those of our affiliates 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 such service marks or trademarks 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 portion of our Collaborative Platform is strictly prohibited. Use of our Collaborative Platform does not give you any ownership rights in the Collaborative Platform whatsoever.
GENERAL TERMS AND 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 its 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 the cause of action arises or be forever barred. If any part of our Legal Terms is held 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 will govern. 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, regardless of the plan. The User is not charged any fee 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.
Skeem proposes a billing on the principle of monthly subscription. The proposed plans are available on the pricing page.
A.2. Pausing projects
Skeem proposes an offer based on the pausing of projects which allows the User to adapt Skeem’s tariff to his volume of activity.
The User can view and activate or suspend his projects in the menu of his Organization by clicking on “Organization Settings” then “Project Management”.
The subscription is monthly. Its price varies according to the number of active projects and the available storage capacity. Payment is taken at the time of subscription for the current month (except for the free trial period at the first subscription). The renewal date occurs on the subscription date each month. For example, if you have subscribed to a plan on December 10th, the renewal will take place on the 10th of each following month until the subscription is cancelled, i.e. January 10th, February 10th, March 10th, etc.
The subscription can be terminated at any time without deleting the account. The user is then billed on a pro-rata basis for the time of subscription.
B. Storage Space
Skeem offers limited storage space depending on the plan chosen. Beyond this limit, the platform prompts the user to choose a plan appropriate for their use and to modify their plan.
C. Account deletion
The User may delete his account at any time by sending an email to firstname.lastname@example.org with the subject “Skeem account deletion”.
D. Data Processing Annex
This Data Processing Annex (the “Annex”) is made by and between No Glitch SAS, whose registered office is located at 10 rue de Penthièvre 75008 Paris, France, and the “User”. This Annex is incorporated into the Skeem Terms of Service (“Agreement”) 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 EU Data Protection Directive (95/46/EC). The Annex takes effect for the duration of the agreement.
D.1.1. The “User’s Personal Data” are 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 any local laws and regulations that amend or replace any of them, including the GDPR, as well as any national implementing legislation in any EU Member State 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” shall 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 its 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 notify the User of such inability, providing a reasonable level of detail about the instructions with which it cannot comply and the reasons why it cannot comply, to the maximum extent permitted by applicable law ; and (ii) cease all Processing of the relevant User’s Personal Data (other than simply storing and maintaining the security of the relevant User’s Personal Data) until the User issues new instructions with which Skeem is able to comply. If this provision is invoked, Skeem will not be liable to the User under the Agreement for failure to perform the Services until the User issues new instructions. Skeem will immediately notify the User if, in its opinion, any instruction from the User violates data protection legislation.
D.2.3. The User and Skeem will each comply with their respective obligations under the 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 to provide the Services in accordance with this Schedule and the Agreement.
D.3.1. Skeem will ensure that any person authorized by Skeem to process User Personal Data on its behalf is subject to confidentiality obligations regarding User 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 User, upon User’s request and subject to User’s payment of all Skeem fees at prevailing rates, as well as any charges, reasonable assistance necessary to fulfill User’s obligation to keep User’s Personal Data secure.
D.5. Subcontracting and payment processor
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 sub-processor to process Users’ personal data, it will do so with the same obligations that apply to Skeem under this Schedule. If any of its sub-processors fails to meet its data protection obligations, Skeem will be responsible to the User for the performance of its sub-processors’ obligations.
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 use of the 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 any errors made by the payment processor. By electing to use the Paid Services, the User agrees to pay Skeem, through the payment processor, all fees 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 payment method.
D.6. Rights of the person concerned
D.6.1. Skeem shall provide the User, upon the User’s request and subject to the User paying all Skeem’s fees at prevailing rates, as well as all costs, with such assistance as is 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 without written instructions. The User is solely responsible for responding to such requests.
D.7. Breach of Personal Data
D.7.1. Skeem will notify the User as soon as possible after becoming aware of any Personal Data Breach affecting the User’s Personal Data. Upon User’s request and subject to User paying all Skeem’s fees at prevailing rates, as well as all costs, Skeem will promptly provide User with all reasonable assistance necessary to enable User to notify relevant security breaches to the relevant data protection authorities and/or data subjects, if User is required to do so under the GDPR. User is solely responsible for compliance with the data breach notification requirements applicable to User and for fulfilling any third party notification obligations related to any data breach.
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 termination of the provision of the Services relating to the Processing and will delete existing copies unless storage of the data is required by applicable European Union or Member State law.
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 User’s instructions or 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 Annex, in the event of any inconsistency between the provisions of this Annex and the Agreement, the provisions of this Annex shall prevail.