TERMS AND CONDITIONS OF USE
FOR THE CIKLAB SOLUTION
Applicable from 01/10/2022
ARTICLE 1 – SCOPE
These TCU outline all of the parties’ obligations. The User recognises that they have read all the TCU defined below, and accept them unconditionally and fully. Any use of the Solution must comply with these TCU. The Publisher reserves the right to update these TCU, particularly in view of changes to the Solution. In this case, the publisher informs the User by any means, and they shall apply immediately.
ARTICLE 2 – PURPOSE & FUNCTIONALITIES
The company KOALYZ publishes a solution in SaaS mode accessible online allowing the organisation, control and management of product analysis and control cycles.
The different functionalities offered to the User are as follows:
- Customer profile: name of customer company and logo, administrative information
- User profile: full name, email, telephone number (only for the administrator), role
- Access to the interface depending on user profile
- Home: dashboard
- Batches (record, controls table, comment, analysis documents)
- Products (record, controls table, comment, documents)
- Analyses (category, name, method, technique, unit, laboratories, price, time frames, quantity)
- Laboratories (record, analysis catalogue, analyses in progress, documents)
- Data (export of analytical results)
- Documentation (access to documents stored in CIKLab)
- User help for CIKLAB Solution functionalities
- Support: CIKLAB online assistance through the contact form
ARTICLE 3 – ACCESS OPTIONS
The CIKLAB Solution is only offered for professional use in the form of a subscription, excluding subscription costs to the mobile phone operator, connection costs and internet access costs.
3.1 Free trial access
By making a request to the Publisher that is accepted, the Solution may be trialled for free and no commitment for a limited period agreed by the Publisher, in line with these terms and conditions of use. During the trial period, the Publisher has no obligation towards the user, including but not limited to any obligation to retain and return elements provided by the user. The User must back up any elements used during the trial on their chosen medium, and the publisher cannot be held liable for this in any way. At the end of the trial period, the user is able to sign up for a subscription with the publisher. If a subscription is not taken out, all user elements will be deleted in full.
3.2 Paid access by subscription
Access to the Services offered by the Publisher is paid and dependent on subscribing to a licence. The Customer and their Users ensure they have the technical resources needed to access the Solution and its services. They must have a Device (fixed or mobile) and access to a secure internet connection.
The Customer chooses their subscription plan depending on the intended number of users. The users must be individuals chosen by the Customer. There are five types of user profile for a customer account: administrator(s), supervisor(s), contributor(s), visitor(s) and reader(s). Users have access to the Solution and the different functionalities depending on their profile.
The Customer designates an individual as the CIKLAB account administrator. The Publisher creates the Administrator Profile.
The Administrator has unlimited access to the account, settings and CIKLAB Services through the Structure’s Legal Representative or a person duly authorised by the Structure (Setup space, customer account settings, access to all functionalities).
To access the Solution’s functionalities, the administrator designated by the Customer creates different user profiles:
- The “Contributor” profile can access:
- Their user account
- Product records, batch records, analysis records and laboratory records in create and modify mode
- All documents stored in the documentation section
- The “Supervisor” profile can access:
- All contributor functionalities
- The laboratory record, analysis record, product record, batch record in status change and delete mode
- The batch record in close mode
- Analytical data export
- The “Visitor” profile can access:
- Information about the Customer account, without being able to add, modify, delete or export data
- The “Reader” profile can access:
- Specification sheets andcertificates of analysis stored in CIKLab
Once connected to their CIKLAB account, the User accesses different Solution Services via their personal space.
The connection logs provided to users are confidential, and each user is solely responsible for management and storage and the consequences of using connection logs to access the Solution and Services. They must take the necessary precautions to avoid fraudulent use. The Publisher cannot be held liable for fraudulent use and the consequences thereof under any circumstances. In the event of the loss, misuse or fraudulent use of their username and/or password, the User must immediately inform the Publisher by email: firstname.lastname@example.org
If the User forgets their password, they just need to click on “forgotten password” and the Solution will send a link to their email to reset it.
ARTICLE 4 – SOLUTION AVAILABILITY
The Publisher endeavours to make the Solution available 24/7, excluding maintenance time. Yet access to and use of the Services may be suspended in the event of force majeure, an event outside its control, and for maintenance or updates of data required for the Solution to work properly. The publisher cannot be held liable if the Solution is unavailable for any reason. It endeavours to ensure the Solution is made available again within a reasonable time frame.
The User is solely responsible for the effectiveness of their internet connection. The Publisher is not responsible for the quality, availability or reliability of the telecommunications and electricity networks. As a result, it cannot guarantee optimal or permanent availability of the service, something the User acknowledges.
The Solution software version may be updated to add new features and new services.
The Publisher informs you that the information and documents collected and processed via the CIKLAB solution are hosted by external providers, to which the Publisher subcontracts the hosting service. The Publisher cannot be held liable for technical downtime of the connection, whether due to force majeure, maintenance, updates, modifications, action taken by the host company, an internal or external strike, a network failure, a power cut, or improper setup or use of the device by the User.
ARTICLE 5 – CIKLAB USER LICENCE
The Publisher grants the User:
- The personal right to use the Solution and “CIKLAB” Services as defined in the subscription offer taken out by the Customer,
- And the right to access a space dedicated to the Solution depending on the user profile;
- non-exclusive, revocable, non-assignable, non-transferable and excluding any other right of use, reproduction or representation.
It is formally prohibited for the User, for any reason, to:
- Access, Use the source code;
- Impersonate an individual or legal entity;
- Copy, modify, adapt, host, share or resell the Services, Software or contents without the Publisher’s authorisation;
- Disclose account information to third parties;
- Sell, rent, sub-license or distribute the Solution and/or its contents to third parties in any way.
- Export the Solution, merge all or some of it with other software;
- Extract or reuse a substantial or non-substantial part of the content of databases and files making up the Solution without the prior written permission of the Publisher, even for private use;
- Attempt to harm or destroy the Site or Solution or hack the Site, the Solution and/or its content in full or part;
- Use a data collection system or other process to obtain and extract data related to the Publisher’s Solution or Services;
The User undertakes to:
- Use the Solution without infringing the rights of the Publisher or one or several other Users of the Solution. They specifically confirm that this use does not constitute an act of counterfeiting, unfair competition or parasitical business practices;
- Inform the Publisher as soon as they are aware of an act of hacking, identity theft, counterfeiting and specifically any unlawful or non-contractual use of the Solution and/or contents, regardless of method.
ARTICLE 6 – LIABILITY
The Publisher endeavours to secure access to and use of the Solution. However, the User accesses and uses the Solution at their own risk. It is the responsibility of any User to take appropriate measures to protect their own data and/or content stored on their computer or telephone equipment against any interference.
The Publisher cannot be held liable:
- If the User cannot access or use the Site, the Solution and/or the Services for any reason outside the control of the Publisher;
- For a fault, loss, delay or error in transmitting data outside of its control;
- If the data does not reach them, for any reason, or if the data they receive is illegible or impossible to process;
- For any kind of damage caused to Users, their devices, their computer and telephone equipment and data stored on them.
Finally, the Publisher reiterates that the User is solely responsible for using the Services made available via the Solution correctly and with good judgement. The Publisher cannot be held liable for the direct and indirect consequences, whether material or immaterial, which could result from viewing, using and/or interpreting the information, content and data available via the Solution by the User.
The Publisher does not choose, control and/or endorse the elements integrated by Users of the CIKLAB Solution. It cannot control the content, files and information, which is shared by each User under their sole responsibility. The Publisher does not monitor the content of these elements. The account holder assumes full responsibility for the nature and accuracy of the elements integrated via the CIKLAB Solution.
The Publisher does not assume any responsibility regarding the quality and/or lawfulness and/or legality of content and documents integrated via the Solution, and the Publisher cannot be held liable for the distribution/loss/alteration/deletion of data by the User in violation of third-party rights.
ARTICLE 7 – INTELLECTUAL PROPERTY
It is noted that all elements of the Solution, its structure, the services offered through it, their content, information presented therein, illustrations, photographs, images, sound and video, their organisation, databases and software used within them are protected by copyright, trademark law and intellectual property rights by legislation relating to prevailing intellectual property law. The publisher owns all related rights. The user agrees to observe intellectual property rights pertaining to the Solution and the elements it contains. Any unauthorised use or full or partial reproduction or representation of the Solution by any process is prohibited, and would constitute an infringement penalised by the intellectual property code. If a User notes an infringement of their intellectual property rights or the rights they hold over attributes of their personality via the Solution, they are encouraged to inform the publisher in writing. The Publisher will not be held liable regarding infringement of intellectual property rights and other infringements which could occur via the Solution by one or several of its Users through the Services provided by the Publisher. The rights of the Users are limited to the rights granted to the Customer subscribing to the licence.
ARTICLE 8 – PERSONAL DATA PROTECTION
The publisher encourages Users to read its personal data policy available at the following link https://www.ciklab.com/en/confidentiality/ or by visiting the website.
ARTICLE 9 – ACCOUNT ACTIVATION, MODIFICATION AND DELETION
By the Publisher:
Customer accounts may only be created or deleted by the publisher.
The administrator account may only be created and/or deleted by the Publisher.
In the event of a failure to observe these terms and conditions or any fraudulent use or unlawful activities, the Publisher is authorised to block or terminate use of the Solution. This termination can take place at any time, and without notice.
The Customer account is deleted at the end of the contract. All data attached to the Customer Account and user sub-accounts will be deleted. The Publisher does not keep any data from user profiles.
By the designated administrator of the customer account:
- Modify their account
- Add, modify and delete user accounts
The profile of a user whose mode is inactive is no longer accessible for the user in question.
ARTICLE 10 – FORCE MAJEURE
The Publisher will not be held liable for any delay in fulfilling its obligations or any failure to fulfil its obligations resulting from these Terms and Conditions of Use if the circumstances leading to this are due to force majeure. Pursuant to Article 1218 of the New French Civil Code, “There is contractual force majeure if there is an event outside a party’s control, which could not be reasonably foreseen when signing the contract and whose effects cannot be avoided by taking appropriate measures, preventing the party from fulfilling its obligation.
If the disruption is temporary, fulfilment of the obligation is suspended unless the resulting delay justifies contract termination. If the disruption is permanent, the contract shall be terminated ipso jure and the parties shall be released from their obligations under the conditions laid down in articles 1351 and 1351-1 of the new French Civil Code. ”.
ARTICLE 11 – HELP & SUPPORT
For any question, information, complaint or assistance regarding the Services provided by KOALYZ via the CIKLAB solution, a support service is available to the Customer and/or User via the Solution through the contact form on the website www.ciklab.com, by email : email@example.com or by phone: +33(0)9 72 31 81 06 (standard rate call), Monday to Friday, working days, from 9am to 5pm.