Terms and Conditions of Use of the Spherik Application
As of November 25, 2021
vrtice, a simplified joint-stock company, with its head office located at 51 Avenue Jean Kuntzmann, 38330 MONTBONNOT SAINT MARTIN, registered in the GRENOBLE Trade and Companies Register under number 848 469 037 (hereinafter referred to as “vrtice”), specializes in virtual visit solutions and provides the “Spherik” application to its clients.
Definitions
“Subscription” refers to the subscription taken out by the Client, allowing them to access the Spherik Application.
“Spherik Application” refers to the virtual visit creation application created by vrtice.
“T&Cs” refers to these Terms and Conditions of Use of the Spherik Application.
“Client” refers to the natural or legal persons who have taken out a Subscription with vrtice for access to and use of the Spherik Application.
“Client Data” refers to the data used by the Client to create Virtual Tours through the Spherik Application.
“Site” refers to the site “https://app.spherik.com”.
“User” refers to a natural person with access to the Spherik Application.
“Virtual Tour” refers to the virtual visit(s) created by the Client using the Spherik Application.
Purpose
The T&Cs aim to define the rights and obligations of the Client in the context of access to the Spherik Application. Any access to the Spherik Application and its use implies knowledge of the T&Cs and entails their irrevocable and unreserved acceptance by the Client and their potential Users. vrtice reserves the right to modify these T&Cs at any time. In such a case, the Client will be informed by any useful means (email, notification upon connection, etc.). Any continued use of the Spherik Application constitutes acceptance of the modified T&Cs.
Provision of the Spherik Application
Access to the Spherik Application is directly via a web browser. No installation of the Spherik Application is necessary.
User identification is done using the identifiers and passwords chosen by them when subscribing to their Subscription. The identifiers and passwords are personal and confidential. The User agrees not to use their identifiers and passwords outside the context of using the Spherik Application.
It is agreed between the Parties that the online communication of said identifiers constitutes proof of the User’s identity in the context of using the Spherik Application. The communication protocols used are and will remain those in use on the Internet.
Access to the Spherik Application does not include the cost of telecommunications, nor the costs of accessing the internet to access and use the Spherik Application, which remain the responsibility of the User.
User Obligations
General Obligations
The User is responsible for their use of the Spherik Application and, if applicable, the quality of the Client Data they use to create their Virtual Tours through the Spherik Application.
vrtice cannot, under any circumstances, be held responsible for misuse of the Spherik Application and its Client Data by the User.
The User declares and acknowledges being aware that the Client Data used in the Spherik Application is not stored on vrtice’s servers and is, therefore, their sole responsibility. vrtice does not exercise control over the Client Data used by Users and consequently does not guarantee the appropriateness, truthfulness, or quality of the Virtual Tours generated using the Spherik Application.
In any case, vrtice cannot be held responsible for any error or omission in the information transmitted or any loss or damage resulting from the use of their Client Data by the User.
The User further agrees:
- to expressly refrain from using software or devices likely to disrupt the proper functioning of the Spherik Application, nor to engage in any action likely to impose a disproportionate burden on vrtice’s infrastructure;
- to inform vrtice as soon as they become aware of any act of hacking and, in particular, any illegal or non-contractual use of the Spherik Application, regardless of the method of dissemination;
- not to sell, rent, sub-license, or distribute the Spherik Application to third parties in any way.
Finally, the User is prohibited from:
- using software or procedures intended to copy the Spherik Application without the prior authorization of vrtice;
- exporting the Spherik Application, merging all or part of the Spherik Application with other computer programs;
- implementing systems likely to hack the Spherik Application in whole or in part, or of a nature to violate these T&Cs.
In the event of a violation of these prohibitions by the Client or their potential Users, the Client will be liable for prosecution, damages, and interest and may have their Subscription suspended by vrtice.
Content of Virtual Tours
The Client and their potential Users have complete freedom regarding the Virtual Tours created using the Spherik Application, provided that they comply with the laws and regulations in force, respecting copyrights, authors’ rights, and other intellectual property rights (the Client remains responsible for this verification and must be able to provide proof if requested).
It is notably prohibited for the Client and their potential Users to create, using the Spherik Application, any form of Virtual Tour associated directly or indirectly with: pornography and eroticism, pedophilia, pirated programs, racist, defamatory, or discriminatory content, content that violates human rights in general, violence in any form (human, animal, or environmental), or violation of the intellectual property rights of third parties that may be included in the Client Data. vrtice disclaims all responsibility in the event of subsequent modifications to the Virtual Tour created using the Spherik Application.
Given the operation of the Spherik Application, in the event that the Client Data used or the Virtual Tour created by the User is of a confidential nature, the User will be solely responsible for any dissemination of said Client Data or Virtual Tour that could compromise their confidential nature. It will be the User’s responsibility to take all necessary measures to ensure the confidentiality of the Client Data and Virtual Tours used or created in the context of the Spherik Application.
Liability
In the context of the Subscription, vrtice has no control over the use of the Spherik Application by the Client and their potential Users. Consequently, the Client is solely responsible for their use of the Spherik Application, notably in the event of use contrary to public order or morality, or harm to the property or rights of third parties (respect for privacy, image rights, etc.). They will be solely responsible for obtaining any consents that may be required in the context of the Client Data used to create the Virtual Tours.
Except for provisions to the contrary of public order, vrtice will not be liable for any direct or indirect damages (including loss of earnings, interruption of activities, loss of information, or other financial losses) resulting from the use of the Spherik Application.
Furthermore, the Client and their Users acknowledge that vrtice will not be liable for any loss of earnings suffered by a third party and any claim or legal action brought or initiated against the Client by a third party.
In any event, vrtice’s liability, whatever the cause or basis, may not exceed, in total, the amounts paid by the Client to vrtice under the Subscription.
Personal Data
The processing of the personal data of the Client and their potential Users is governed by vrtice’s privacy policy: https://spherik.com/en/privacy. The data may be freely used by vrtice for statistical, analysis, and improvement purposes of the Spherik Application.
Intellectual Property
With regard to the Client and their potential Users, vrtice is and remains the holder of all intellectual property rights over the Spherik Application and the Site. vrtice grants, on a personal basis, to the Client and their potential Users, the non-exclusive and non-transferable right to use the Spherik Application, it being specified that they are prohibited from copying, modifying, creating a derivative work, reverse engineering or otherwise attempting to obtain the source code of the associated software (except in cases provided by law), selling, assigning, sub-licensing or transferring in any way any right relating to the Spherik Application accessible on the Site.
The Client and their potential Users agree not to modify the Spherik Application in any way, notably to obtain unauthorized access to the Spherik Application. The Client and their potential Users accept not to access the Spherik Application by any means other than the Site.
Final provisions
Modifications of the T&Cs – Applicable law and jurisdiction
The T&Cs are governed by French law.
The language applicable to these T&Cs, which is authoritative between the Parties and before any court, is French. Any notification, interpretation, execution, or dispute relating to the T&Cs must be carried out in French.
In the event of a dispute between vrtice and the Client regarding the validity, execution, or interpretation of the T&Cs, the parties agree to attempt to resolve it amicably first.
In this regard, the most diligent party will notify the other party of the beginning of the amicable phase. If, at the end of a period of thirty (30) days from the notification, vrtice and the Client do not reach an agreement, the dispute will then be submitted to the appreciation of the Grenoble Commercial Court, which alone is competent, by the most diligent Party, even in the event of a summary procedure, warranty claim, or multiple defendants.
Miscellaneous provisions
If any of the provisions of these T&Cs is annulled or deprived in whole or in part of its effects by a decision or an event beyond the control of one of the Parties, this nullity or deprivation of effect will not entail the nullity of the other stipulations of the T&Cs.
The fact that vrtice does not avail itself of a breach by the Client of any of the obligations set forth in these T&Cs shall not be interpreted for the future as a waiver of the obligation in question.