Terms of Service

Between the undersigned:
Pixel & Cicéro
Simplified joint stock company with capital of 2,000 euros, registered in the Annecy Trade and Companies Register under number 824 272 751, whose registered office is located at 882, route de l'Orme, 74540 Chainaz les Frasses, represented by its President, Mr. Romain PETIT, domiciled in this capacity at said registered office.
Hereinafter referred to as "Omnibook"
On the one hand,
and:
The User
Hereinafter referred to as "the User"
On the other hand,
Hereinafter referred to individually as the "Party" or collectively as "the Parties".
Preamble
The Omnibook® platform offers broadcasting services (on the web) and storage (cloud) of multimedia documents in various WEB-compatible formats
It operates in SaaS (Software as a Service) mode and is accessible online on a computer, tablet or smartphone from the website "https://omnibook.com/" and the "Omnibook®" application.
Omnibook itself ensures the distribution of all the platform's services
That being said, the User has shown interest in the services of the Omnibook® platform relating to one of the proposed formulas:

The GUEST formula
The STARTER formula
The PROFESSIONAL formula
The BUSINESS formula
The CUSTOM-MADE formula

He acknowledges having received all the necessary information allowing him to assess the suitability of these services to his needs and to take all useful precautions for its use.
By ordering one of the subscription packages from Omnibook, the User acquires the right to use the services of the Omnibook® platform defined in these general conditions of use, which will be referred to hereinafter as the "Contract".
The User will expressly accept the terms when ordering by checking the box "I acknowledge having read the general conditions of use which I expressly accept. »
THIS STATED, IT HAS BEEN AGREED AS FOLLOWS
Article 1 - Purpose
The purpose of the Contract is to determine the conditions of the User's use of the services of the Omnibook® platform.
Article 2 - Duration
The Contract is concluded for an indefinite period from the acceptance of the Contract, subject to its termination under the conditions of Article 12 of the Contract.
Article 3 - Access to the services of the Omnibook® platform
To use the services of the Omnibook® platform, the User must be either at least 16 years old or over 13 years old and, in the latter case, provide proof that he or she has obtained the consent of the holder(s) of parental authority over him or her.
The User must also use a communication network that complies with the following technical prerequisites:

hardware with the latest or penultimate version of one of the following operating systems: iOS, MacOS, Windows, Android, Linux (Debian and derivatives, Fedora and derivatives)
hardware equipped with the latest or penultimate version of the following browsers: Chrome, Safari, Edge, Firefox
A stable fiber or ADSL internet connection with bandwidth of at least 8 mbps.

The choice of the communication network belongs to the User.
Omnibook cannot be held responsible for network line interruptions, it particularly draws the User's attention to the importance of the choice of the communication network.
The User will use alone the right of access to the services of the Omnibook® platform.
This access is carried out:

from the User's computers, tablets, smartphones, from the website https://omnibook.com/ or the Omnibook® application,
through a personal account which the User accesses by identifying himself with the following identification elements:

identifier (username or email address)
password

which he will have recorded on the Omnibook platform when creating his account, and which will have been validated and accepted by Omnibook.

Article 4 - Description of the Omnibook® platform services
The Omnibook® platform services made available to the User vary depending on the license associated with the user's account.
All paid services are described on the PRICES page of the omnibook website accessible online at the URL: https://omnibook.com/fr/tarifs-abonnements
The only free service is the READER formula, accessible by invitation from a paid account as a reader, creator or administrator, or by authorization from a paid account to synchronize a document on an Omnibook application.
Article 5 - Hosting and data storage
Omnibook provides data hosting, maintenance and security for the Omnibook® platform services.
The User's data is stored in France. The subcontracting host is Scaleway SAS, BP 438, 75366 Paris CEDEX 08
The User can access the general conditions of the host and its security policy upon simple request.
The User acknowledges that the characteristics of this host suit him.
Article 6 - Rights of use
Omnibook grants the User a personal, non-exclusive, non-assignable and non-transferable right to use the services of the Omnibook® platform for the entire duration of the Contract for the entire world.
The User may only use the services of the Omnibook® platform in accordance with his needs.
In particular, the license relating to the services of the Omnibook® platform is granted for the sole and unique purpose of allowing the User to use said services, excluding for any other purpose.
The right of use means the right to implement the services of the Omnibook® platform in accordance with their intended purpose, in SaaS mode via a connection to an electronic communications network.
Article 7 - Obligations and guarantees of Omnibook
7.1 - Operation of the platform
Omnibook will do its utmost to ensure that the Omnibook® platform operates continuously 24 hours a day (twenty-four hours a day) every day of the year.
Given the current state of IT technology and its very rapid development, and given the complexity of telecommunications networks, it is impossible for Omnibook to guarantee that the Omnibook® platform will operate without interruption and without anomalies.
In the event of a service interruption due to the responsibility of Omnibook, interventions are on average 3 hours during working days between 8 a.m. and 7 p.m. (GMT +1) , and 24 hours outside of these hours.
These operational hazards are independent of the will of Omnibook and the technical means implemented by it.
The User declares to be fully informed and aware of them, and to accept them.
The User thus acknowledges that Omnibook cannot under any circumstances be held responsible for any interruptions in the operation of the Omnibook® platform.
7.2 - Platform development
The User will benefit from all developments that may be made to the Omnibook® platform during the Contract within the limits of the formula that he uses.
However, this cannot be interpreted or considered in any way as an obligation for Omnibook to develop the Omnibook® platform.
7.3 - Backup
Omnibook will ensure the backup of data, information and elements imported by the User into the Omnibook® platform.
The User will be able to recover them using the " download" of the Omnibook® platform.
The User declares to be fully informed of this possibility.
7.4 - Warranty
Omnibook guarantees the User that it has all the rights and authorizations allowing it to commit to the Contract.
In particular, Omnibook guarantees that it has all the intellectual property rights and licenses relating to the Omnibook® platform.
Omnibook guarantees the User against all claims, appeals, settlements, actions and legal or non-legal proceedings that could be brought against the User, by anyone, on the grounds of a possible infringement by the Omnibook® platform of the intellectual property rights of a third party.
7.5 - Information
As a professional service provider, Omnibook undertakes to ensure a duty of information towards the User throughout the execution of the Contract.
7.6 - Support technical
Omnibook undertakes to provide technical support to the User with regard to the

force majeure, and in particular, in addition to the events usually accepted by the case law of French courts relating to the provisions of Article 1218 of the Civil Code, the following cases, without this list being considered exhaustive: total or partial strikes, external to Omnibook, bad weather, epidemics, blockages of means of transport for any reason whatsoever, popular movements, attacks, wars, earthquakes, fires, storms, governmental or legal restrictions, failures or loss of connectivity attributable to public or private operators, in particular telecommunications operators on which it depends and all other cases beyond its control preventing the normal execution of the Contract;
to the fact of a third party over which Omnibook has no power of control and/or supervision;
unauthorized use of identification elements allowing access to the Omnibook® platform.

Omnibook does not provide any guarantee to the User as to the conformity of the use of the services of the Omnibook® platform that he makes or plans to make, with the legal and regulatory provisions.
Furthermore, by application of the provisions of article 1231-3 of the Civil Code, it is expressly agreed between the Parties that if Omnibook's liability were retained in relation to the execution of the Contract, the total amount of compensation claimed by the User could not exceed an amount of €0, this amount constituting a compensation ceiling and not a fixed compensation.
Excluded from any compensation are loss of turnover, non-immediate and/or indirect and/or possible damages suffered by the User.
Article 8 - Obligations and guarantees of the User
8.1 - Verification
The User declares to have verified the perfect adequacy of the services of the platform Omnibook® to its needs and expectations, as well as to the hardware, in particular software, that it uses, and to have received from Omnibook, prior to acceptance of the Contract, all useful advice and information concerning said platform and its services, in particular, without this list being considered as limiting, in terms of functionalities, operation, use, options possibly ordered by it from Omnibook, hardware, software, system or data compatibility, performance, security and confidentiality of data, in particular personal data.
The User therefore declares that they are fully aware of the offer subscribed to by them.
8.2 - Identification elements
Once the identification elements allowing access to the Omnibook® platform have been validated by Omnibook, the latter will be solely responsible for their use by it and, where applicable, by any person directly or indirectly linked to it.
The User will ensure in particular that they keep them personal and confidential by implementing all technical, administrative or legal measures useful to this.
The User is responsible for ensuring that this obligation is respected by any person directly or indirectly linked to him.
Since each user has his own access, the User is prohibited from allowing a third party to use his account, or from exchanging his access with that of another user.
8.3 - Responsibility for the actual use of the services
Omnibook intervenes within the framework of the Contract only as a publisher of software solutions; the User is generally solely responsible for the use made by him of the services of the Omnibook® platform.
The User will ensure, and where applicable, will ensure, that this use complies with the applicable French and/or foreign legislation, in particular that relating to:

to the processing of personal data, which is governed in France in particular by Regulation (EU) No. 2016/679 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 and Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and freedoms;
to intellectual property, image rights, respect for privacy, communication to the public by electronic means, governed in particular by the Law of July 29, 1881 on freedom of the press and Law No. 82-652 of July 29, 1982 on audiovisual communication, to advertising, to commerce, in particular electronic, to contracts, in particular concluded at a distance, to consumer law, to public order and to good morals;
or even to all of its activities.

The User is responsible for the content inserted by him; he declares to be the author or to have all the necessary rights or authorizations on all of these contents.
The User undertakes not to insert content containing or likely to contain viruses or programs that may damage or disrupt the proper functioning of the Omnibook® platform, nor illegal content or content likely to undermine public order and morality.
The User is entirely responsible for any creation, transmission or publication of content using the services of the Omnibook® platform and for the consequences of his actions.
The User acknowledges that content considered to contravene the laws and regulations in force may be handed over by Omnibook to the authorities responsible for enforcing the law.
It is the User's responsibility to clearly report the presence of violent or pornographic content in his publications.
Omnibook may also immediately suspend, without prior notice, the operation of the services of the Omnibook® platform in the event that it becomes aware of any manifestly illicit use by the User of said services.
Omnibook also reserves the right to refuse the presence on its servers of files imported by the User that are deemed technically non-compliant with the servers or detrimental to their performance.
In all these cases, Omnibook will inform the User as soon as possible.
The suspension may even more so be carried out in the event of a requisition by the public, administrative or judicial authority, or a legal action.
8.4 - Attacks on the platform
The User is prohibited from:

to grant sublicenses of the Omnibook® platform;
to carry out or have carried out the copying, distribution, modification, translation, transcription, adaptation, arrangement or decompilation of the Omnibook® platform, in whole or in part, and this for any reason whatsoever;
to create derivative works from the Omnibook® platform;
to use the Omnibook® platform to create a competing product, or a product that replicates or imitates the ideas, features, functions or graphics of the Omnibook® platform;
to disclose to third parties the identification elements allowing access to the OMNIBOOK platform.

8.5 - Collaboration
The User undertakes to collaborate in good faith with Omnibook.
In particular, the User undertakes to report to Omnibook, immediately after becoming aware of it, any unauthorized use of the services of the Omnibook® platform, in particular carried out by a member of its staff or by any other person.
Where applicable, the User will do everything possible to immediately put an end to such unauthorized use.
In this regard, Omnibook reserves the right to record any use made by the User of the services of the Omnibook® platform.
8.6 - Warranty
The User will guarantee Omnibook against all claims, appeals, settlements, actions and legal or non-legal proceedings that could be brought against Omnibook, by anyone, on any grounds whatsoever, in direct or indirect connection with:

the information, elements, documents or data imported, used, created, collected, imported, exported, provided, distributed, published, shared or processed by the User in the context of the use of the services of the Omnibook® platform,
the use made of the services of the Omnibook® platform by the User,
the User's use of identification elements allowing access to the services of the Omnibook® platform.

8.7 - Exclusion of liability
The User may not be held liable, in any manner and on any grounds whatsoever, for difficulties in executing the Contract linked, in whole or in part:

to force majeure, and in particular, in addition to the events usually accepted by the case law of French courts relating to the provisions of Article 1218 of the Civil Code, the following cases, without this list being considered exhaustive: total or partial strikes, external to the User, bad weather, epidemics, blockages of means of transport for any reason whatsoever, popular movements, attacks, wars, earthquakes, fires, storms, governmental or legal restrictions, failures or loss of connectivity attributable to public or private operators, in particular telecommunications operators on which it depends and all other cases beyond its control preventing the normal execution of the Contract;
to the fact of a third party over which the User has no power of control and/or supervision;
or to Omnibook or to any person directly or indirectly linked to it.

Article 9 - Properties
The Contract does not give rise to any transfer of property rights, in particular intellectual property rights, over all or part of the Omnibook® platform.
Omnibook alone retains full material and intellectual property.
The use made by the User of the services of the Omnibook® platform cannot be considered in this regard as constituting rights, other than the granting of the sole right to use the services of the Omnibook® platform under the conditions of the Contract.
Similarly, and reciprocally, the Contract does not give rise to any transfer of ownership of the elements imported by the User into the Omnibook® platform.
In addition, the elements, in particular documents, generated by the use of the services of the Omnibook® platform automatically become the property of the User.
The models, templates and all of their media content made available in the editor are completely royalty-free.
Omnibook may not exploit these elements only within the framework of the Contract, that is to say for the purposes of the User's use of the services of the Omnibook® platform, to the exclusion of any other exploitation. For these elements, the User grants Omnibook a non-exclusive and transferable license free of charge for reproduction and representation on the Omnibook® platform, on the Internet and on any digital or paper medium for the duration of the Contract and for the entire world.
Article 10 - Personal data
For the following provisions, "personal data" and "processing" must be understood in the sense of Article 4 of Regulation (EU) 2016/679 of 27 April 2016:

"personal data": "any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person"
“processing”: “any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.”

10.1 - Processing of personal data for which Omnibook is responsible
Omnibook is required to collect and process the User's personal data, relating to their identity: Title, surname, first names, address, telephone number, email addresses, date of birth, for the purposes of concluding and executing the Contract.
In this regard, the User acknowledges that the personal data disclosed by them are valid, up to date and adequate.
Omnibook undertakes to comply with Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 as amended.
Compliance with the principles:
Omnibook undertakes to comply with the principles relating to the processing of personal data, as set out in Article 5.1 of Regulation (EU) 2016/679 of 27 April 2016, namely that:

processed lawfully, fairly and transparently with regard to the data subject (lawfulness, fairness, transparency);
collected for specified, explicit and legitimate purposes, and not further processed in a manner incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered, in accordance with Article 89(1), to be incompatible with the initial purposes (purpose limitation);
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (data minimization);
accurate and, where necessary, kept up to date; it being specified that all reasonable steps must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (accuracy);
kept in a form which permits identification of data subjects for no longer than is necessary in relation to the purposes for which they are processed; personal data may be stored for longer periods where they are processed exclusively for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1), provided that appropriate technical and organisational measures required by this Regulation are implemented to safeguard the rights and freedoms of the data subject (limitation of storage);
processed in a manner that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures (integrity and confidentiality).

User Information:
In accordance with Article 13 of Regulation (EU) 2016/679 of 27 April 2016 and Article 48 of Law No. 78-17 of 6 January 1978 as amended, PIXEL & CICERO provides the following information to the User:
the identity and contact details of the data controller and, where applicable, the representative of the data controller:
The data controller is:
SAS PIXEL & CICERO - 882, route de L'Orme - 74540 Chainaz les Frasses - FRANCE
Tel. : 04.50.88.99.11 - Email address: contact@omnibook.com
The representative of the data controller is: Mr. Romain PETIT
where applicable, the contact details of the data protection officer:
Omnibook does not currently have a data protection officer.
The purposes of the processing for which the personal data are intended as well as the legal basis for the processing:
Omnibook processes the User's personal data for the purposes of:

create and manage your Omnibook® account
provide it with the services of the Omnibook® platform
provide technical support to him in the context of the provision of Omnibook® platform services
communicate with him in the context of the execution of the Contract

This processing of personal data is based on the following legal bases:

processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (Article 6.1 b) of Regulation (EU) 2016/679 of 27 April 2016
the data subject has consented to the processing of his or her personal data for one or more specific purposes (Article 6.1a) of Regulation (EU) 2016/679 of 27 April 2016

The recipients or categories of recipients of the data:
The recipients of the data are: the data controller and the service providers involved in the provision of the services of the Omnibook® platform, namely:
Paddle Payments Limited Company whose registered office is located at The Plaza, Park West, Core B, Block 71 Dublin 12, Ireland, which is involved in the online sale and payment of Omnibook® products, including the storage of customer account data having purchased a license from the site https://omnibook.com. their privacy policy is available here: https://www.paddle.com/legal/privacy
SARBACANE, a diversified marketing services platform, registered in France, and whose registered office is located at 3, avenue Antoine Pinay, Parc d'activités des 4 vents, 59510 HEM (France), which is responsible for storing personal information from registration on omnibook, sending information emails to Omnibook® users and marketing emails to visitors and users registered for the newsletter. their privacy policy is available here https://www.sarbacane.com/contracts-and-conditions.
the retention period of personal data or the criteria used to determine this period:
Personal data will be kept in an active database for the duration of the contractual relationship.
They may also be kept after the execution of the Contract, in intermediate archiving, if Omnibook has a legal obligation to do so or if it wishes to constitute proof in the event of litigation and within the limit of the applicable limitation period.
The data thus archived will only be kept for the time necessary to accomplish the objective pursued and will be deleted when the reason justifying their archiving no longer exists. For example, data archived to protect against legal action during the limitation period will be deleted once this action has expired.
User rights:
The User, whose personal data is collected, has the right:
to request from the data controller access to personal data, rectification or erasure of such data, or limitation of processing relating to the data subject,

to object to the processing,
to withdraw consent to the portability of their data,
to define guidelines regarding the fate of his personal data after his death.

He can do so at any time by contacting us by email at: contact@omnibook.com, by telephone at: 04.50.88.99.11 or by post at: Omnibook - 882, route de l’Orme - 74540 Chainaz les Frasses - France.
The User also has the right to lodge a complaint with a supervisory authority.
information on whether the requirement to provide personal data is of a regulatory or contractual nature or whether it is a condition for the conclusion of a contract and whether the person concerned is required to provide the personal data, as well as on the possible consequences of failure to provide this data:
The requirement to provide personal data is of a contractual nature and is a condition for the conclusion of the Contract.
The User is indeed required to provide the personal data, otherwise the Contract cannot be concluded and the User will not obtain the right to access the services of the Omnibook® platform.
the existence of automated decision-making, including profiling and, in such cases, useful information concerning the underlying logic, as well as the importance and the expected consequences of this processing for the data subject:
No profiling will be carried out and, more generally, no automated decision will be taken on the basis of the data collected.
Omnibook implements appropriate technical and organizational measures to ensure and be able to demonstrate that the processing is carried out in accordance with Regulation (EU) 2016/679 of April 27, 2016 and Law No. 78-17 of January 6, 1978, known as the "Informatique et Libertés" law, as amended. These measures are reviewed and updated if necessary.
Personal data of minors:
A minor aged at least 16 may consent alone to the processing of his or her personal data in order to use the services of the Omnibook® platform.
When the minor is aged under 16 and over 13, consent must be given jointly by the minor concerned and the holder(s) of parental authority over this minor.
Cookies:
The Omnibook® platform does not use cookies subject to acceptance by visitors
Article 11 - Confidentiality
Each Party shall keep confidential, during and after the Contract, all information and documents provided by the other under the Contract.
Omnibook may, however, in order to promote its activity, refer to the User, in particular by using its company name, trade name and logo on its own communication tools, unless opposed of the User expressly notified in writing to Omnibook.
Article 12 - Termination
Each Party remains free to terminate the Contract at any time, without notice for the user, and subject to one month's notice for Omnibook, in the form of an email notification and in the user's Omnibook account.
Furthermore, in the event of non-compliance by the User with his obligations under the Contract, and, in general, with all laws and regulations in force, as well as the rights of third parties, Omnibook reserves the right to terminate the Contract immediately and automatically, with deletion of the Omnibook® account, without prejudice to the right to any damages to which Omnibook may be entitled. The User will be informed by email notification on the date of closure.
Article 13 - Reversibility
In the event of termination of the Contract, whatever the cause, Omnibook undertakes, at the User's choice at the first request made by registered letter with acknowledgment of receipt and within 30 days of the date of receipt of this request:

either to destroy all data belonging to him;
either to restore all data belonging to it in a .zip archive format allowing easy recovery of content without formatting, in an equivalent environment,

this free of charge
Article 14 - General provisions
14.1 - Entirety
The provisions of the Contract and its annexes constitute the entire agreement between the Parties.
14.2 - Translation
In the event that the Contract is translated, only the French version will be authentic.
14.3 - Modification
Modifications to the Contract must be the subject of an amendment concluded between the Parties.
14.4 - Transfer
The Contract remains valid in the event of a change in the legal form or distribution of the share capital of Omnibook or a change in its management, as well as in the event of transfer of the Contract by Omnibook to a third party.
However, the Contract may not be subject to a total or partial assignment, for consideration or free of charge, by the User without the prior written consent of Omnibook.
14.5 - Subcontracting
Omnibook may freely subcontract all or part of the services covered by the Contract to any person of its choice.
Omnibook shall remain solely responsible for the performance of the Contract by its subcontractors.
14.6 - Divisibility of clauses
The nullity, lapse, lack of binding force or unenforceability of any of the stipulations of the Contract shall not entail the nullity, lapse, lack of binding force or unenforceability of the other stipulations, which shall retain all their effects. However, the Parties may, by mutual agreement, agree to replace the invalidated stipulation(s).
14.7 - Waiver
The fact that one of the Parties has not required the application of a provision of the Contract may not under any circumstances be considered as a waiver of the rights that this Party holds under this provision.
14.8 - Applicable law
The Contract is governed by and will be interpreted in accordance with French and European Union law.
14.9 - Attribution of jurisdiction
In the event that the User can be considered a trader within the meaning of French law:
All disputes relating to the Contract, whatever they may be, will be submitted, at the will of the Parties, to the jurisdiction of the Commercial Court of Annecy, including in the event of summary proceedings or multiple defendants, and except for the exclusive jurisdiction of the Annecy High Court in matters of intellectual property.