General Conditions of Sales

Quaartz Insights
Version updated on 22/03/2022

Please read these General Conditions of Sale carefully, as they contain important information about your rights, obligations and legal recourse. By accessing QUAARTZ INSIGHTS and/or using its Services, you agree to be bound by these General Conditions and comply with them.

Subscription, access or use of QUAARTZ INSIGHTS and/or its Services implies acceptance of these GCSs without restriction or reservation, including any document to which they refer, by Users, by ticking the statement, “I accept the General Conditions of Sale and the General Conditions of Use and I undertake to use the services only as part of my professional activity” when creating their Account.

It is, therefore, the User’s responsibility to read these General Conditions before creating the Account and before any use of QUAARTZ INSIGHTS. If Users do not accept the terms, they must not use or register for QUAARTZ INSIGHTS.

Once they have been accepted, the CGSs are available at the bottom of the page from the GCS/GCU tab. Users are advised to retain a copy of these GCSs.

The applicable version of the GCSs is that which is current on the day of Subscription or renewal.

The QUAARTZ INSIGHTS solution, accessible by the internet network at the following address: https://webapp.digital-marketing.tagité.tada.as is administered by MYDATAMODELS, a simplified joint-stock company, headquartered at 535 route des Lucioles, 06560 Valbonne, and registered in the Register of Trade and Companies of Grasse as number 83850555 (hereinafter “MyDataModels”).

QUAARTZ INSIGHTS is a standard web application, exclusively intended for professionals, which allows marketing experts to optimise their marketing campaigns using predictive algorithms based on artificial intelligence techniques. It is therefore the responsibility of Users, based on the Documentation to which they have had access and the use they can make of it for free during the Trial Period, to check that QUAARTZ INSIGHTS is suitable for their needs.

 

Contents

Article 1. Definitions

Article 2. Purpose

Article 3. Duration

Article 4. Amendment of the General Conditions

Article 5. Description of Services

Article 6. Access and Use of Services

Article 7. Data

Article 8. Intellectual Property Rights

Article 9. Payment Arrangements for the Services

Article 10. Suspension of Services and Termination Conditions

Article 11. Compliance Guarantee

Article 12. Liability

Article 13. Force Majeure

Article 14. Legacy

Article 15. Invalidity-Title

Article 16. Applicable Law

Article 17. Competent Jurisdiction

 

Article 1.              Definitions

The terms defined below, used in the singular or plural in these GCSs, will have the following meaning:

“GCS” or “General Conditions”: designates these general conditions of sale of the QUAARTZ INSIGHTS solution accessible via the link www.webapp.digital-marketing.tada.as, including any document to which they refer, governing the arrangements of sale for the rights to use the QUAARTZ INSIGHTS Solution and, more generally, Services.

“GCU”: designates the general conditions of use of the QUAARTZ INSIGHTS solution, accessible via the link www.app.quaartzinsights.io applicable to the access and use of QUAARTZ INSIGHTS, whether it is free or paying.

User”: designates the company or any other legal entity with an account and which subscribes to QUAARTZ INSIGHTS services as part of its professional activity.

“Source Code of Models”: designates the Model in the form of source codes which Users are authorised to integrate into their Derived Products, solely for their own needs.

“Account“: designates the interface from which Users can access the QUAARTZ INSIGHTS Services by entering their login details.

“Documentation”: designates instructions for use, descriptions of functionalities and generally all written or video documents, concerning the use of QUAARTZ INSIGHTS and available on the QUAARTZ INSIGHTS interface.

“Data“: designates all data, including Personal Data, entered or imported by the User to QUAARTZ INSIGHTS and hosted by MyDataModels with a view to being processed in the implementation of QUAARTZ INSIGHTS to generate Models.

“Personal Data”: means any information relating to an identified or identifiable physical person, required to access and/or use QUAARTZ INSIGHTS.

“Functionalities”: designates all QUAARTZ INSIGHTS’ functionalities offered by MyDataModels under the conditions and limitations laid down in the General Conditions of Sale and Use, including, in particular, the downloading of data, analysis of results, predictions, and tutorials as presented in the Documentation.

“Login Details”: designates the login information entered (ID and password) used to identify the Account holder and enabling them to access the Account.

Model”: designates each predictive model, consisting of an algorithm formula generated by QUAARTZ INSIGHTS from data and all Parameters, which Users can try out and select to carry out predictions on one of the variables of the pre-selected data. It is the Users’ responsibility to check the Models generated in the light of the predictions they want to make and practice in their profession, which they control.

Parameters”: designates all the parameters entered by the User on which the generation of each model depends, particularly the set of variables to be taken into account to generate the Model and the variables identified as a prediction objective for the Model.

“Services”: designates the functionalities enjoyed by Users from their accounts.

Site”: designates the MyDataModels website available at www.mydatamodel.com.

“Subscription”: designates the User’s subscription to the Services under the conditions defined in these GCSs.

“QUAARTZ INSIGHTS or “QUAARTZ”: designates MyDataModels’ object coded computer program, including the libraries which make up the program, associated documentation as well as any update, revision, modification, supplement, correction or rectification by QUAARTZ INSIGHTS, accessible from the User Account and intended for marketing professionals and allowing them to optimise the conversion rate of their clients.

User”: designates any physical person with an account, duly authorised to access and use the Services, in accordance with the licence conditions laid down in these GCSs.

Article 2.      Purpose

These QUAARTZ INSIGHTS General Conditions, as well as the documents to which they refer, are intended to define the conditions, rights, obligations, responsibilities and limits which apply to any use of the QUAARTZ INSIGHTS solution, by any User.

Article 3.      Duration

A Trial Period is activated for forty-five (45) days from the date the account was created.

At the end of the trial period, the User can subscribe to a paying subscription for a duration of one (1) year, renewable by tacit renewal from year to year.

MyDataModels will send an e-mail to the Users at least two months before the date the subscription expires informing them of the option they have of refusing to renew the subscription for an additional year at the latest one month before the end of the contract, by sending contact@mydatamodels.com an email to terminate the account. Otherwise, the subscription will automatically be renewed for a further year.

Article 4.     Amendment of the GENERAL CONDITIONS

4.1.  Incidental Amendments

 

MyDataModels reserves the right to make discretionary incidental amendments to the website www.app.quaartzinsights.io and the conditions of sale of QUAARTZ INSIGHTS, taking into account, in particular, required technical changes or amendments because of changes in the applicable legislation. These incidental amendments take effect immediately and apply to any User without requiring prior agreement.

 

4.2. Substantial Amendments

 

MyDataModels undertakes not to make any substantial amendment to these GCSs of any kind which would result in a change of the parties’ obligations, without the User’s prior consent, after the User has been informed of the amendments made by any appropriate means.

 

Article 5.      Description of Services

5.1.  Trial Period

MyDataModels offers a Free Trial of forty-five (45) days from the date an Account is created by the User  (“The Trial Period”).

At the end of the trial period, the User receives a subscription form for the QUAARTZ INSIGHTS solution.

5.2.          Description of Services

The Services provided by MyDataModels to Users are, particularly and without limitation:

        Data transmission according to the data ranges selected by the User.

        Production of predictions according to the variables and objectives input by the user.

        The production of models to optimise the User’s marketing campaigns, derived from the analysis of data documented by video tutorials.

 

5.3 Obligation of Means

 

The services made available to the User by MyDataModels do not imply that MyDataModels is under any obligation to produce results as regards data analyses, predictions made and means of implementing the proposed optimisation models.

 

Therefore, MyDataModels cannot be held responsible for any reason as regards the effectiveness of the generated predictions nor the implementation of proposed optimisation models.

 

The user is solely responsible for the effects produced by implementing the proposed optimisation models as well as their results.

 

Article 6.     Access and Use of Services

6.1.          Use of Services

The arrangements for using the Services and QUAARTZ INSIGHTS Solution are defined in the GCUs. The User guarantees to respect the GCSs and GCUs by all Users.

The User undertakes to use QUAARTZ INSIGHTS and Services in accordance with all existing laws, including those of the country of access to QUAARTZ INSIGHTS and all the provisions of General Conditions of Sale and Use.

Furthermore, the User agrees not to use the Services for purposes not laid down in the General Conditions, or contrary to the intention of QUAARTZ INSIGHTS and/or which would affect MyDataModels’ rights or third-party rights.

Article 7.      Data

The User is responsible for Data as well as their input to QUAARTZ INSIGHTS.

Data is loaded into QUAARTZ INSIGHTS for the sole use of QUAARTZ INSIGHTS, in accordance with its purpose. The User understands that QUAARTZ INSIGHTS is not intended for storing or retaining Data. Therefore, QUAARTZ INSIGHTS has no obligation to retain or monitor it, or for the security of Data other than that expressly stipulated in the General Conditions. It is the User’s responsibility to take all measures necessary to safeguard Data and/or any data generated by QUAARTZ INSIGHTS, including Models and, if necessary, the Source Code of Models.

The User declares and guarantees having the rights and/or permissions necessary to upload Data to QUAARTZ INSIGHTS and to process that Data by QUAARTZ INSIGHTS  including – without this list being limiting in regard to the sui generis right of databases – software copyright, privacy of personal data and/or any other property rights which could protect Data.

The User is solely responsible for meeting the obligations incumbent under the Personal Data Protection Regulations of 27 April 2016 as regards the data entered into QUAARTZ INSIGHTS with no recourse to MyDataModels’ liability.

The User grants MyDataModels and its subcontractors the non-exclusive right to process Data to provide and improve Services.

Article 8.     Intellectual Property Rights

8.1.  QUAARTZ INSIGHTS User Licence

In exchange for compliance with their obligations, and, if necessary, complete payment of the price, MyDataModels gives users a non-transferable and non-exclusive licence to Users to access and use QUAARTZ INSIGHTS only for their personal needs and for their own benefit.

The right of access to QUAARTZ INSIGHTS is granted using the login details for possible access across the world and for the duration of subscription.

The User is authorised to use QUAARTZ INSIGHTS only under the conditions specifically authorised by the General Conditions.

The User, therefore, agrees not to, in particular, this list being not exhaustive:

      copy and distribute all or part of QUAARTZ INSIGHTS or permit a third party to do so or provide that party with the means to do so;

      grant, sell, rent, lend, sub-licence, distribute, outsource or transfer rights conferred on the User in application of the General Conditions;

      amend, adapt, translate QUAARTZ INSIGHTS, create or attempt to create other works from QUAARTZ INSIGHTS, or allow a third party to do so or provide a third party with the means to do so;

      disassemble or decompile QUAARTZ INSIGHTS, reverse-engineer it, or otherwise attempt to discover its source code, except in the cases specifically laid down by applicable regulations;

      damage, destroy or delete the references or notices relating to the title of intellectual property rights or any other reference to MyDataModels property appearing in TADA DIGITAL MARKETING;

      use or distribute all or part of a software program created, including the Model Source Code, in whole or part with QUAARTZ INSIGHTS, without a licence permitting it;

      use QUAARTZ INSIGHTS for third parties or similar purposes, using a data processing service, including time-sharing, outsourcing or office service;

      not to modify, delete or alter in any way and for whatever reason MyDataModels’ distinctive signs and the QUAARTZ INSIGHTS solution, such as Brand, trade name, logos, etc. appearing on the website XXXX, its presentation, i.e. not to delete MyDataModels’ references to identification and property;

      not to use or copy the computer program(s) and software solution(s) in any other way not expressly authorised by this document.

 

The User undertakes not to infringe MyDataModels’ rights directly or indirectly, and, in particular, not to:

      Represent, broadcast or market Services, whether free of charge or at a cost without MyDataModels’ written and prior consent;

      Use the Services in any way for designing, reproducing, producing, broadcasting or marketing of a similar, equivalent or substitute service to the Services;

      Use the data analyses and/or any element generated by MyDataModels as part of the services for a use not laid down in these general conditions.

      Use the Services for unauthorised processing by MyDataModels.

8.2. Intellectual Property Rights of the User

No provision of the General Conditions is intended to challenge the User’s property rights on Data.

Article 9.     Payment Arrangements for the Services

9.1.  Setting the Price

Access to the Services is granted to Users in exchange for payment of a price, the amount set in accordance with the current rates on the day of Subscription, as displayed on the Site.

MyDataModels reserves the right to change its prices at any time. If necessary, the amended price is immediately applicable to any new Subscription or renewal of a Subscription.

The prices are set in Euros, not including taxes current at the time of billing according to existing tax provisions.

9.2. Billing and Payment Arrangements

Depending on the offer subscribed, MyDataModels issues an annual invoice on Subscription or monthly invoices at the beginning of every month during the Subscription Period.

Once this choice has been made and the subscription confirmed, the User can no longer modify the frequency of billing selected.

Payment will be made, as it falls due (payment in advance). In the event of default of payment, MyDataModels reserves the right to refuse the User’s Subscription to the Services or suspend the Services until the invoice is paid.

It is specified that when the User passes their bank details to MyDataModels, they are not retained by MyDataModels. The payment service provider used by MyDataModels is Stripe.

The User expressly accepts that the invoice is sent electronically.

The invoice is sent to the User by e-mail or, if MyDataModels decides, it can be made available to the User from their Account. It is the user’s responsibility to retain a copy of it in accordance with the current regulations. The invoices made available to the User from their Account are retained for a period of twelve (12) months from their date of issue.

Article 10.   Suspension of Services and Termination Conditions

10.1.        Suspension of Services

MyDataModels reserves the right to suspend or interrupt partial or total access by a User at any time to Quaartz Insights and the Services (i) in the event of a breach of all or part of the General Conditions of Sale and/or Use by User(s). (ii) if any User uses the Site, QUAARTZ INSIGHTS or the Services in a way which endangers their safety and/or stability; (iii) if MyDataModels has to carry out maintenance operations in accordance with Article 6; (iv) if an order from an administrative or judicial authority orders MyDataModules to carry out such a restriction, limitation or suspension (v) if the existence of Data and/or SmallData which is obviously illegal within the law is notified to MyDataModels (vi) in the event of a clear risk to the stability and/or security of MyDataModels, the Services, Quaartz, Data, the environments and systems.

Such a suspension can take place immediately and without notice in the event of an emergency or necessity, particularly in the events described in points (ii), (iv) and (vi) above, as well as in the event of use which could involve MyDataModels’ liability. In the event of a breach by the User, by suspending Services, MyDataModels reserves the right to terminate the General Conditions as defined below and request compensation for the harm suffered. Subject to cases of termination or non-renewal of Services, suspensions of Services do not entail erasure of Data.

Suspension of services does not suspend the requirement to pay the subscription in any event.

10.2.        Termination Because of Violation

In the event of a violation by one of the Parties of all or part of the obligations assumed, Services can be terminated by registered mail with receipt, after notification of the violation in question sent by registered mail with receipt to the Party in breach and if it has been without effect for more than thirty (30) calendar days. Notwithstanding the foregoing, the malicious, illegal or fraudulent use of Services, or their use made in violation of the rights of a third party gives MyDataModels the right to terminate the contract in its entirety by e-mail and without prior formal notice.

This paragraph does not call into question MyDataModels’ right to suspend or interrupt Services under the conditions laid down in Article 10.1 of this document. Terminations for violation are without prejudice to any damages and potential interests which may be claimed against the defaulting Party.

Any early termination which is not justified by a serious breach by MyDataModels’ of its obligations will oblige the User to pay an indemnity equal to the remaining annual subscription due on the day of termination.

Article 11.     COMPLIANCE GUARANTEE

MyDataModels guarantees that the Solution meets the specifications described in the Documentation.

The guarantee does not apply under the following conditions: (i) if the QUAARTZ INSIGHTS Solution is not used in accordance with the Documentation; or (ii) if the fault is caused by Data, by the User’s software package or by a third-party software package. (iii) to any activity by the User or a third party for which a Licence has not been granted or (iv) any operation carried out by a third party, covered by a separate contract. The licensee does not guarantee that the QUAARTZ INSIGHTS Solution will operate continuously nor that it is free of minor faults and errors which do not materially affect its operation, nor that the applications contained in the QUAARTZ INSIGHTS Solution are designed to meet the User’s every need. Provided that the User notifies MyDataModels by writing a detailed description of the QUAARTZ INSIGHTS Solution’s non-compliance during the warranty period and that MyDataModels concedes the existence of the said non-compliance, MyDataModels may, at its choice: a) correct the non-compliance of the QUAARTZ INSIGHTS Solution, or b) refund the licence fees paid for the non-compliant QUAARTZ INSIGHTS Solution. This is the sole remedy the User has under this guarantee.

Article 12.    LIABILITY

12.1.         MyDataModels’ Liability

MyDataModels’ liability as part of the Contract (i) may be involved for contractual errors which can be exclusively attributed to it and shown by the User and (ii) is limited, for any reason or dispute, to an amount corresponding to the amounts paid by the User to MyDataModels as part of the Contract for the twelve months preceding the event which caused the harm.

The stipulations of the General Conditions share the risk between the Parties. The Parties accordingly recognise that the planned limitation of liability is not to be taken lightly and does not reduce the import of MyDataModels’ essential obligation.

The Parties also acknowledge that limiting MyDataModels’ liability does not create a significant imbalance between the Parties’ rights and obligations.

Users are reminded that it is their responsibility to take the necessary precautions, particularly to guard against risks of loss, alteration or accident which may affect their Data, Models, files, information, programmes and documents. MyDataModels is not responsible for indirect damage. MyDataModels cannot be held liable for the destruction, intentional or not, of Data by the User or a third party who accessed the QUAARTZ INSIGHTS Services using login details.

It is understood that MyDataModels will not be liable, under any circumstances, for the consequences:

        Of an abnormal or non-compliant use of QUAARTZ INSIGHTS by the User or any User;

        Of the use of QUAARTZ INSIGHTS for illegal purposes;

        Of any inaccuracy, uncertainty or unsuitability of Data;

        Of any service carried out by a third party not covered by the General Conditions;

        Of the unsuitability of Services to the User’s needs, particularly taking into account the nature of the processed Data, to the extent that the Data comply with the Documentation;

        of the operation, use and/or distribution of Models, and, in particular, predivtions or Derived Products, since these are generated from the Data and Parameters set by the User.

Any action against the User by a third party relating to or resulting from the execution or failure to apply the General Conditions by the User does not give any right to reparation.

12.2.        The User’s Responsibility

The User is responsible for any use of QUAARTZ INSIGHTS and Services which does not comply with the Documentation.

The User is solely responsible for the means of access to the Internet and QUAARTZ INSIGHTS.

In particular, it is the Users’ responsibility to protect themselves against the dangers of the Internet and take all necessary steps to protect their Data (including Personal Data) and/or software from any loss, alteration, destruction and/or contamination by possible viruses which could affect their computers or any other computer equipment used or in their care.

Article 13.    Force Majeure

Neither Party will be liable for any failure to carry out or delay in carrying out their respective obligations which is due to an event of force majeure, as defined by the French courts, particularly in the following cases: fire, flood, earthquake, natural disasters, acts of war, terrorism, civil riots, rebellion or revolutions, strikes, or social conflicts, total or partial interruption of telecommunications or electrical networks, as well as any event outside the control of MyDataModels (hereinbefore and hereinafter “Case of Force Majeure). The Party which has been prevented from fulfilling its obligations by a Case of Force Majeure will be discharged from its obligations as long as the situation persists and will continue to take reasonable measures to resume fulfilling its obligations. It will inform the other Party as soon as possible by any means and describe, in sufficient detail, the circumstances giving rise to the Case of Force Majeure. If a Case of Force Majeure prevents, disrupts or delays Service delivery for more than thirty (30) consecutive days, either Party can, at any time and ipso jure, terminate all or part of the Services affected by sending the other Party written notice of termination. In this case, the User must pay MyDataModels, if necessary, for all Services provided in accordance with the General Conditions until the date the contract is terminated.

Article 14.   Legacy

The stipulations of the General Conditions of Sale and Use which, by their nature or wording are intended to continue to apply after the use of QUAARTZ INSIGHTS has ceased for any reason, as well as the stipulations of the clauses on “Liability,” “Protection of Personal Data” and “Intellectual Property Rights” will remain in force as long as necessary to carry out their purpose.

Article 15.    Invalidity-Title

If one or more stipulations of the General Conditions are held to be invalid or declared as such in accordance with a law, regulation or following a final decision of a competent jurisdiction, the other provisions will retain their full force and scope. In the event of difficulties of interpretation in any one of the titles heading the clauses, and any one of the clauses, the titles will be excluded and the content of the clause involved will prevail.

Article 16.   Applicable Law

These General Conditions and the documents they refer to are governed by French law.

Article 17.    Competent Jurisdiction

No action arising from the Contract, regardless of nature, foundation or arrangements, can be brought by the Parties more than one (1) year from the occurrence of the operative event, except actions arising from exceeding the scope of the licence.

In the event of a dispute, the User undertakes to contact MyDataModels as a priority in order to resolve any disagreement which could arise concerning the General Conditions. FAILING AN AMICABLE RESOLUTION WITHIN 30 DAYS OF A LETTER INITIATING SUCH AN PROCEDURE OF AMICABLE SETTLEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, OR VIOLATION OF THE GENERAL CONDITIONS, EVEN IN THE EVENT OF SEVERAL DEFENDING PARTIES WILL BE (UNLESS EXCLUSIVE JURISDICTION IS RECOGNISED WITH A DIFFERENT JURISDICTION, PARTICULARLY THE COURT OF MARSEILLES AS REGARDS INTELLECTUAL PROPERTY LAW): (i) IN THE EVENT OF A DISPUTE WITH A TRADER, THE COMMERCIAL COURT OF NICE; (ii) IN THE EVENT OF A DISPUTE WITH SOMEONE WHO IS NOT A TRADER, THE COMPETENT FRENCH COURT WITHIN THE JURISDICTION OF THE AIX EN PROVENCE COURT OF APPEAL.