This translation should be regarded as being for information purposes only. In case of inconsistency, only the French version is to be considered binding.
Version from 1st April 2021
1. Solution and Service operator
The Solution and the Services are operated by the company Beekast, a simplified joint-stock company with capital of €3,132.56, registered in the Paris Trade and Companies Register under the number 809 824 329 and with its head office located at 10 rue de Penthièvre, 75008, Paris, France (hereinafter “Beekast”).
Beekast can be contacted at the following addresses, including for any complaints:
Postal address: 10 rue de Penthièvre, 75008, Paris, France
Telephone: +33 1 86 95 76 88
Email address: [email protected]
These General Terms and Conditions of Use are designed to govern the use of the Solution, the Services, the Site and the Blog that Beekast makes available to Users and Visitors.
They can be viewed and printed at any time on the Site.
Within this document, words or expressions that begin with a capital letter will have the following meanings:
Account: an account that is created to use the Solution;
Contents: contents of any kind (written, audio, audiovisual or other) that is uploaded to the User Account;
Client(s): a professional natural or legal person who takes out a Subscription as part of their professional activity;
Data controller: natural or legal person which determines the purposes and means of the processing of personal date as defined in article 4 of the GDPR;
Data Protection Act: Law no. 78-17 of 6 January 1978 on information technology, data files and civil liberties, as amended;
Data processor: natural or legal person which processes personal data on behalf of the controller as defined in article 4 of the GDPR;
Facilitator(s): A User that is responsible for facilitating a Session;
GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation);
Moderator(s): a User who is responsible for leading discussions during the Session;
Owner(s): User who creates a Session;
Participant(s): individuals that the Owner invites to take part in a Session;
Party(ies): one of the parties to the Subscription contract, i.e. Beekast or the Client;
Payment service provider: Beekast service provider that manages payment operations for the subscription fees;
Personal data: any information relating to an identified or identifiable natural person as defined in article 4 of the GDPR;
Services: the interactive and participative activities available on the Solution;
Session: service provided by Beekast enabling a User to present content and organise meetings, conferences, seminars, training sessions or other events, remotely or in-person, in an interactive manner;
Session code: Session identification code;
Single Sign On: unique authentication system allowing a User to connect to a number of services with a single username.
Site: the website published by Beekast, available at the following address beekast.com;
Solution: the interactive platform to organise meetings, conferences, seminars, training sessions or other events, remotely or in-person, published by Beekast and available at the following address my.beekast.com;
Subscription : contract between the Client and Beekast to grant a licence to use of the Solution according the Subscription terms and conditions ;
Subscription period: duration of the Subscription to use the Solution and the Services as described in the Subscription terms and conditions;
Subscription terms and conditions: the terms and conditions for acquiring a licence to use the Solution and the Services;
Third-party licence: Licence granted to the User as part of a subscription contract with a Client (for example, as part of a contract with a company, a school, a public agency);
User licence: Licence granted by name to a User via the online registration form;
User(s): any person with a user Account.
4. Acceptance of the General Terms and Conditions of Use and access to the Solution and the Services
For Users and Participants, their acceptance of these Terms and Conditions is indicated by ticking a box while creating their Account, or by default when they connect to the Solution.
For Visitors, by using the Solution by connecting to a Session without an account or by visiting the Site or Blog, they accept these Terms and Conditions, without restriction or reservation.
Connecting to the Solution implies unreserved acceptance of these Terms and Conditions.
5. Description of the Solution and Services
The my.beekast web application available at my.beekast.com is an interactive online platform that can be used to organise meetings, conferences, seminars, training sessions or other events, remotely or in-person (hereinafter the “Solution”).
The Solution enables Users to organise a session (hereinafter the “Session”) in order to present content, including written, infographic, visual or audiovisual content (hereinafter the “Content”), and to offer interactive and participative activities (hereinafter the “Services”) to individuals (hereinafter the “Participants”). The maximum number of simultaneous Participants per Session is determined in the Subscription terms and conditions.
Beekast also publishes a site, beekast.com (hereinafter the “Site”), which includes a blog on using the Solution and the Services (hereinafter the “Blog”).
6. Terms and Conditions of Use and access to the Solution and the Services
6.1. Assigning a licence
A licence to use the Solution and the Services may be assigned:
- directly, when the User personally takes out a Subscription for their personal use (the “User licence”);
- indirectly, when the User receives a licence for use as part of a subscription for a paid Subscription by a Client, for example, as part of a contract with a company, a school or a public agency (the “Third-party licence”).
For Third-party licences, the Client who took out the Subscription is responsible for the licence’s use.
6.2. Creating an Account
6.2.1. Creating an Account using the online form
The Account can be created directly using the account creation form available online.
In this case, the User can:
- either create their username by filling in the form;
- or log in using the SSO system, i.e. if they are registered with one of the third-party sites listed on the Solution, they can use the login details for said third-party site to log in to the Solution. In this case, they must provide Beekast with any additional information that is requested. The User expressly authorises Beekast to access their account data on the relevant third-party site.
6.2.2. Creating an Account using the company’s SSO
If the User logs in using a company SSO, Beekast shall create and assign Accounts as per the Client’s instructions in accordance with conditions of the General Terms and Conditions of service or the agreement signed with the Client.
6.2.3. Common provisions
In any case, Users must provide Beekast with all the information that is marked as mandatory. Incomplete registrations will not be approved.
Once the fields have been validated, Beekast sends a confirmation email to the User to validate their registration. Creating an Account enables Users to access the Solution and the Services and to manage their subscription in a way and with the technical means that Beekast deems the most appropriate.
The Users guarantee that all the information they provide in the registration form or that they provide via the intermediary of the abovementioned third-party sites is correct, up to date and true, and is not misleading in any way.
Should said information change, the Users shall update it via their Account, so that it always complies with the abovementioned criteria.
The Users are informed and accept that the information they provide to create or update their Account acts as proof of their identity. The information provided by the Users is binding once it has been validated.
Users can access their Account at any time after logging in using their username and password.
6.3. Organising a Session
6.3.1. Creating a Session
Registered Users can create a Session in accordance with the process given on the Solution (hereinafter the “Owner”).
The Session thus created is identified with a code (hereinafter the “Session code”).
6.3.2. Inviting Participants
The Owner invites their chosen Participants to the Session. The Participants may or may not have an Account. If the Participants do not have an Account, the Owner can invite them by sending a link to the Session, and the Session code.
To become Participants, they must join the Session by entering the relevant Session code.
From amongst the Participants, the Owner can select a Facilitator, who is responsible for leading the Session, and a Moderator, who is responsible for leading discussions during the Session.
In any event, the Owner shall not invite minors under the age of 15 without their legal guardians’ prior consent.
6.4. Organising Sessions
6.4.1. The Owner’s organisation of the Session
The Owner is free to organise and is solely liable for running the Session that they created.
The Owner can upload content of any kind (written, audio, audiovisual or other), share it with the other Participants during the Session, and ask Participants to work together on the Session by importing their own content.
Each Session’s duration is indetermined, the Owner is free to end it at any time.
6.4.2. Supporting features for the Session
In order to help the Owner organise the Session, Beekast provides a number of features and materials (hereinafter the “Materials”). Details of these Materials are given on the Site.
The Owner is free to choose the Materials that they would like to use from those available as part of their Subscription. The Owner is solely liable for the way in which they are used during their Sessions.
6.4.3. Remote Sessions
Beekast provides Owners with tools to help them organise remote Sessions, including audio communication and videoconferencing systems, enabling Participants, the Facilitator and, if applicable, the Moderator to communicate remotely.
The terms and conditions of use for these audio communication and videoconferencing systems can be viewed on the Solution.
With remote Sessions, the Owner can record and/or film Participants and record their exchanges with the Facilitator and, if applicable, the Moderator.
To this end, the Owner acknowledges and expressly accepts that they are responsible for obtaining the authorisation of the Participants, including the Facilitator and, if applicable, the Moderator, to record their image and/or voice during the Session, and to share said recordings.
The Owner alone is responsible for obtaining said authorisations. On this point, express reference is made to Article 7 (User obligations).
6.5. Session security and moderation
6.5.1. Securing Sessions with a password
Owners can secure access to each of their Sessions using the following means:
- securing Sessions with a password. In this case, Participants must enter the password in the relevant field when they join the Session. The Owner may send the password using any means they deem necessary.
- securing Sessions with a domain. The Owner can secure their Session by restricting access to the Session to only those Participants whose email address domain name matches that given (for example, access is only granted to email addresses with the domain name @beekast.com);
- securing Sessions with a list of emails. The Owner can secure their Session by restricting access to the Session to only those Participants whose email address they have entered in the relevant field. The Owner can enter the email addresses manually or import a list of email addresses.
These means of securing access to the Session are alternative and/or cumulative; they can therefore be used simultaneously depending on the Owner’s requirements.
In any case, Beekast recommends that all Owners use at least one security function for their Session.
6.5.2. Moderating Content that is uploaded to the Session
Beekast gives Owners the option to moderate Content that Participants upload to the Session when activities are launched (word cloud, for example) or that is exchanged on the discussion wall. The moderation module enables the Owner to filter the Content that Participants upload, thereby preventing clearly illicit content from being shared, as defined in Article 7 (User obligations).
The option to activate moderation is proposed when a Session is created, and is available at all times on the “Settings” page of the Session Owner’s Account.
6.6. Accessing the Solution and the Services in a browser
Users are informed and accept that in order to use the Services, they must be connected to the internet, and that the quality of the Services is directly dependent on said connection, for which they alone are responsible.
Users are also informed that the Solution is only available for browsers on which the Solution has been tested. The list of supported browsers is available here or can be found on the support.beekast.com site. This list is regularly updated in line with browser updates.
All Users are responsible for ensuring that they use a supported browser. In this respect, Beekast may not be held responsible for any dysfunctions caused by using the Solution on an unsupported or incompatible browser.
6.7. Personalising a Session (option only available from the Pro offer)
The Owner can configure the Session, in order to personalise it, by adding their name, their brand and/or logo to the Features that they use in their Session.
6.8. Ordering specific Services
Users may, at any time, order specific Services from Beekast, related to the creation and implementation of the Sessions for which they are Owners.
If a User requests specific Services, Beekast shall send a quotation to the relevant User. Said quotation is to be validated by the User in accordance with the General Terms and Conditions of service.
Beekast makes statistics available to Users in their Accounts. Said statistics relate to the Sessions for which they are Owners, including the tools and features used for each Session, the number of registered Participants, their feedback and comments about how the Session went.
The statistical data is provided in a way and with the technical means that Beekast deems the most appropriate.
6.10. Deleting or terminating an Account
Users can delete their Account at any time. Deleting an Account does not result in the termination of the Subscription, which may only be terminated in accordance with the Subscription terms and conditions.
In the case of a User licence, if the Account is deleted before the Subscription is terminated, all the obligations of the Subscription terms and conditions remain valid, in particular payment for the Subscription until the date given in the Subscription terms and conditions.
The User accepts that deleting an Account shall result in the deletion of all the data related to the Account. If the User would like to retain the Content that has been uploaded to the Account, they may export the Content from the Account before requesting its deletion.
6.11. Accessing and using the Site and the Blog
Users and Visitors can view a blog on the Site (hereinafter the “Blog”), where they can read articles about organising conferences, meetings, training sessions and other events, and view materials and methods that could be used in these cases and, more generally, practical advice for hosting said events.
6.12. Other Services
Beekast reserves the right to offer any other Services that it deems useful, in the form and with the technical means that it deems most appropriate for said Services.
7. User obligations
Without prejudice to the other obligations listed in these General Terms and Conditions of Use, Users undertake to respect the following obligations.
7.1. Respecting the applicable laws and regulations and the rights of third parties
While using the Solution and the Services, Users undertake to respect the applicable laws and regulations and to not infringe the rights of third parties or public order.
The User alone is responsible for completing all the formalities, in particular administrative, fiscal and/or social formalities, and for making all payments for dues, fees and taxes of any kind for which they may be responsible as a result of their use of the Services. Beekast may not be held liable in any case in this respect.
7.2. Respecting the technical constraints of the Solution and the Services
Users acknowledge that they are aware of the characteristics, constraints and specifications, particularly technical, of all of the Services, as mentioned on the Site and in the descriptions of the services provided. Certain features are not available for Sessions with very high numbers of simultaneous connections.
The User alone is responsible for correct use of the Solution and the Services, in accordance with the performance level chosen in the Subscription terms and conditions. Consequently, Beekast may not be held responsible for any incidents that may occur due to improper use of the Solution in relation to the performances chosen in the Subscription terms and conditions.
7.3. Lawfulness of Content
The User alone is responsible for their use of the Services, including their relationships with other Users and any information that they may send to them as part of the Services. Users must use caution and reasonable discernment in these relationships and when communicating. In addition, Users undertake to remain respectful and courteous in their exchanges with other Users.
In particular, Owners alone are responsible for (i) the smooth running of the Sessions they organise, (ii) use of the Services by their Facilitators and Moderators, for whom they act as guarantor, and (iii) relationships that may arise between the Owner and the Facilitators, Moderators and Participants, in particular any disagreements or disputes that are caused by or that originate from use of the Services.
Users undertake to use the Services for personal use only. They shall not, therefore, pass on, grant or transfer all or part of their rights or obligations hereunder to a third party, in any way whatsoever.
Users undertake to provide Beekast with all the information necessary for the proper performance of the Services. More generally, Users undertake to actively cooperate with Beekast to ensure the proper execution of these Terms and Conditions.
The User alone is responsible for the Content that they share. Users guarantee that they have all the rights and authorisations necessary to share said Content.
They guarantee that the Content is lawful, does not infringe public order, moral standards or the rights of third parties, does not infringe any legal or regulatory provisions and, more generally, is not likely to put Beekast’s civil or criminal liability at risk.
As such, Users shall not publish:
- pornographic, obscene, indecent or shocking Content or Content that is not suitable for a family audience or that is defamatory, insulting, violent, racist, xenophobic or revisionist;
- counterfeit Content;
- Content that is prejudicial to a third party’s image;
- misleading or deceptive Content or Content that offers or promotes illicit, fraudulent or misleading activities;
- Content that may damage the IT systems of third parties (such as viruses, worms, Trojan horses, etc.);
and, more generally, Content that is likely to infringe the rights of third parties or to be detrimental to third parties, in any way or form whatsoever.
This list is not exhaustive
7.4. Confidentiality of login details
Users can log in to their Account using login details that comprise the email address that they used to register and a password that they choose themselves. These login details are strictly personal and may not be used by different Accounts.
Users undertake to use the Solution and the Services personally and to not allow any third parties to use them instead of them or on their behalf. Users must not communicate their username or password to third parties. Users undertake not to use generic login details or details that are shared with multiple individuals.
Similarly, they are responsible for keeping their username and password confidential; if the Solution is accessed using said username and password, the corresponding User will be deemed to be the one to have accessed the Solution.
Users must contact Beekast immediately using the contact details given in Article 1 above (Solution and Service operator) if they notice that their Account has been used without their knowledge. Users grant Beekast the right to take all appropriate measures in such a case.
In any event, if Beekast finds that an Account has been cloned or is being used by a number of different natural persons, Beekast reserves the right to take the following corrective measures, including:
- suspending or deleting the Account in question;
- if the Account was assigned as part of a Third-party licence, suspending all the Accounts assigned to the same Client;
- taking legal action for identity theft, in particular on the basis of articles 226-4-1 et seq. of the French Penal Code;
- implementing any measures that Beekast deems appropriate to defend its interests, including any of the measures listed in Article 16 (Sanctioning breaches).
8. User commitments
Users acknowledge that the Solution and the Services offer an additional – not alternative – service for organising events or participating in events and that said solution is not in any way a substitute for the other means that they may use to achieve the same objective.
Users must take the measures necessary to back up, using their own means, the information and Content of their Account that they deem necessary in order to minimise any prejudicial consequences caused by the Solution’s or Services’ temporary unavailability, as they will not be provided with any copies thereof.
Beekast assumes no liability whatsoever should information be lost; Users cannot claim any compensation in this respect.
9. Prohibited conduct
The Services must not be used for the following purposes:
- to carry out illegal or fraudulent activities or activities that infringe the rights or safety of third parties,
- to infringe public order or to violate applicable laws and regulations,
- for the intrusion of a third party’s IT system or for any activity that is likely to be detrimental to, to control, interfere with or intercept all or part of a third party’s IT system, or to violate its integrity or security,
- to send unsolicited emails, or for commercial prospecting or solicitation,
- to make changes in an attempt to improve the referencing of a third-party site,
- to assist with or incite, in any way or form whatsoever, any of the acts or activities listed above,
- to organise gambling or games of chance that are subject to the approval of the Autorité Nationale des Jeux (French national gaming authority),
- and, more generally, any practices that use the Services for a purpose other than those for which it was created, as described in Article 5 (Description of the Solution and Services).
Users must not copy or use the concept, technologies, all or part of the data or any other part of the Beekast Site for their own purposes or for a third party’s purposes.
The following are also strictly prohibited: (i) any behaviour that is likely to interrupt, suspend, slow down or prevent continuity of the Services, (ii) any intrusions or attempts to intrude into Beekast systems, (iii) any improper use of the Solution’s system resources, (iv) any actions that are likely to place a disproportionate load on the Solution’s infrastructure, (v) any breaches of the security or authentication measures, (vi) any actions that are likely to infringe the rights or financial, commercial or moral interests of Beekast or users of its Solution, and, more generally, (vii) any breach of these General Terms and Conditions.
Trading, selling and granting all or part of one’s access to the Services, the Solution or the information that is hosted or shared on them is strictly prohibited.
10. Intellectual property
All software, information presentations, games, denominations, trade names, texts, comments, images, illustrations, trademarks or service marks, inventions and, in general, any creation of any kind that is available on the Beekast sites remain the exclusive property of their respective owner, i.e. Beekast.
The User remains the holder of all the intellectual property rights that they hold for the Content that they upload to the Solution.
The User acknowledges that all the legal rights and beneficiaries, titles and interests in the Solution and all the intellectual property rights in or related to the Solution belong to Beekast; that the rights to use the Solution and the Services are granted to the User, and that they have no other rights to the Solution other than the right to use the Solution in accordance with these General Terms and Conditions. This is subject to, if applicable, full payment of the price given in the Subscription terms and conditions.
Hereunder, the User is not authorised to:
- copy, print, transfer, send or display all or part of the Solution and the content shared on the Site and the Blog;
- sell, rent, sublease or distribute the Solution in any whatsoever;
- use the Solution to provide data processing, computing services, timesharing operations or other similar services of any kind to any other natural person, company or entity;
- modify the Solution and/or combine all or part of the Solution with other IT programs;
- compile, decompile, crack, translate, analyse, reverse engineer or attempt to reverse engineer the Solution, except where authorised by law.
In the unlikely case that the User has source code access to the Solution, they must not modify, reproduce, adapt, disclose or file a patent for the Solution’s source code.
Beekast is not responsible for the content of any third-party websites that are accessed using the hyperlinks on the Site and the Solution.
12. Reporting illicit content
When providing access to the Solution and the Services, Beekast is not aware of the Content that is uploaded by Users. Beekast does not modify, select, verify or control said Content in any way and only acts as the host pursuant to Article 6, L. 2 of French law no. 2004-575 of 21 June 2004 on confidence in the digital economy.
Consequently, Beekast may not be held responsible for content that is created by third parties; any complaints must first be addressed to the creator of the content in question.
Clearly illicit content may be reported to Beekast pursuant to Article 6, L. 5 of French law no. 2004-575 of 21 June 2004 on confidence in the digital economy; Beekast reserves the right to take the measures described in Article 16 (Sanctioning breaches).
13. Personal data
13.1. Processing implemented by Beekast
As part of its provision of Services, Beekast collects and processes Users’ personal data.
13.2. Processing implemented by Users
Beekast Users may also collect and process personal data whilst using the services, particularly when organising Sessions.
Users are informed that the Solution is not intended to collect, use or host personal data that is considered sensitive pursuant to Article 9 of the GDPR, i.e. any personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. Consequently, Users shall not collect or process such data.
Failure to comply with this obligation may lead to any sanction that Beekast deems appropriate in order to defend its interests, including any of the measures listed in Article 16 (Sanctioning breaches).
14. Guarantees – Liability
Beekast undertakes to supply the Solution and the Services with diligence and to professional standards, it being understood that Beekast has an obligation of means, and not an obligation of result, which the Users acknowledge and expressly accept.
Beekast’s responsibility is limited to supplying the tools and technical means to enable Users to organise, lead and/or participate in Sessions. Beekast shall not in any case take part in organising or leading said Sessions.
Beekast acts in its own name and does not enter into any legal act in the name and on behalf of the Owners, Facilitators, Moderators or Participants, who contract directly with one another.
Beekast is not party to the agreements concluded between the Owners and the Facilitators, Moderators and Participants, and shall not in any case be held liable for any difficulties that may arise while concluding or executing said agreements, nor is Beekast party to any disputes that may arise therefrom.
Beekast shall not be involved in the relationships between Users with a Third-party licence and Clients, and shall not in any case be held liable for any difficulties that may arise between them; the Client alone is responsible for the use of the Solution and the Services by the Users under their control.
Beekast undertakes to carry out regular checks to ensure the proper functioning of the Solution and that it can be accessed. In this respect, Beekast reserves the right to temporarily suspend access to the Solution for maintenance purposes. Beekast may not be held liable for difficulty accessing the Solution or its temporary inaccessibility if this is caused by external circumstances, force majeure, or if it is due to problems with telecommunication networks.
Beekast does not guarantee Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be completely free of errors, defects or faults, (ii) that the Services, which are standard and are in no way offered solely to a given User based on their own personal constraints, will specifically meet their needs and expectations, (iii) that the Solution and the Services, which rely on the internet and mobile telephone networks, and given the nature of these networks, will be available without interruption. Nevertheless, Beekast undertakes to do its best to ensure a monthly availability rate of 98.5%.
15. Liability limitations and exclusions
Users acknowledge and expressly accept that Beekast may not be held liable in the following cases, which the Parties consider to be cases of force majeure:
- use of the Solution and the Services which is considered non-compliant pursuant to these General Terms and Conditions of Use;
- difficulty accessing the Solution and the Services which is due to the quality of the internet and mobile telephone networks;
- difficulty accessing the Solution which is due to a technical maintenance operation that is designed to improve it;
- difficulty accessing or using the Solution and the Services which is due to an incident with one of Beekast’s service providers (in particular the hosting provider);
- difficulty using or a slowdown in the Solution and the Services which is due to a computer virus, worm, Trojan horse, adware, spyware, scareware, backdoor, DDos attack, botnets, or any other computer malware introduced by a third party;
- the nature or quality of the Content that the User uploads to the Solution;
- a loss of Content which is due to the User’s actions;
- theft of a User’s Account login details;
- any other situation that constitutes force majeure pursuant to applicable French law and the jurisprudence of French courts and tribunals.
In any event, Beekast’s liability is limited to only direct, personal and certain damage suffered, with the express exclusion of compensation for all indirect and immaterial damage and/or prejudice, such as: (a) the loss of profits, sales, activity or revenue, (b) interruption of activity, (c) loss of anticipated savings, (d) loss or corruption of data or information, (e) loss of clients, reputation or opportunities; or (f) any special, indirect, consecutive or purely economic loss, expense, fee, damage, cost; regardless of whether it was reasonably foreseeable.
16. Sanctioning breaches
If a User breaches any of the provisions of these General Terms and Conditions, or, more generally, infringes the applicable laws and regulations:
(i)Beekast reserves the right to take any appropriate measures, including:
- suspending access to the Services for the User who committed the breach, or who took part therein;
- if the Account was assigned as part of a Third-party licence, suspending all the Accounts assigned to the same Client under the Third-party licence;
- deleting Content that has been uploaded to the Solution;
- publishing on the Solution any information message that Beekast deems necessary;
- informing the relevant authorities;
- taking any legal action to preserve its rights;
- requiring from the User or from the Client that granted a Third-party licence to the User under their control, the deposit of a sum capped at €1 million on an escrow account as a guarantee against any conviction and any damage caused to Beekast and resulting from using the Solution and the Services in a way that does not comply with these Terms and Conditions.
(ii)Beekast also reserves the right to terminate the User’s access to the Services:
- either ipso jure, if, fifteen (15) days after its receipt by the User, formal notice sent by registered letter with acknowledgement of receipt stating the intention to apply the present clause remains without effect;
- or, in the event that a User commits for a second time a breach that was previously reported by registered letter with acknowledgement of receipt, the termination shall then be effective ipso jure on the date of dispatch of the registered letter with acknowledgement of receipt stating the repeated breach.
This is without prejudice to compensation that the User may claim.
The User undertakes to guarantee, at the first request, including in the case of a non-final court decision, to indemnify and bear the costs of any expenses resulting from any damage that Beekast could suffer if it was held liable by a third party, due to a claim, an action or a complaint related to Content that was uploaded by a User or related to non-compliant use of the Solution or the Services pursuant to the applicable laws and regulations and to these General Terms and Conditions of Use.
Termination automatically results in deletion of the User Account, without prejudice to any other consequences resulting from these general terms and conditions.
17. Modifying the Services
Beekast reserves the right to modify these General Terms and Conditions at any time.
The User will be informed of said modifications by any relevant means and at least thirty (30) days before they come into effect.
If the User does not accept the modified General Terms and Conditions, they must unsubscribe from the Solution in accordance with the terms and conditions of their Account.
Any User who uses the Solution and the Services after the modified General Terms and Conditions have come into effect are deemed to have accepted said modifications.
Should these General Terms and Conditions be translated into one or more other languages, in case of contradiction or disagreement about the meaning of a term or a provision, the language of interpretation shall be French.
18.2. Applicable law and jurisdiction
These General Terms and Conditions are governed by French law.
In case of dispute about the validity, interpretation or execution of these General Terms and Conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction on the matter.
18.3. Independence of the clauses
In the event that any of these provisions should prove to be null and void with regard to an applicable rule of law or a legal decision that becomes final, it shall be deemed to be unwritten, without invalidating the other clauses contained herein and without altering their validity.
Should Beekast fail to enforce any of the provisions of these General Terms and Conditions, it shall not be construed as a waiver of the right to enforce said provision in the future. Any waiver of one of the provisions of these General Terms and Conditions must be subject to written notification.