General terms and conditions of use and sale

1. Who is Appvizer?

a. Appvizer is a website published by the simplified joint stock company "Cloud is Mine" chaired by Colin Lalouette, registered in the Perpignan trade and companies register under the number SIREN 794 633 347.

b. SAS Cloud is Mine is domiciled at the following address: 36 rue François Servent, 66100 Perpignan.

c. SAS Cloud is Mine publishes the website https://www.appvizer.com/

2. What is Appvizer?

a.  Appvizer is a websitethat allows you to reference, search and comparesoftware that can be used online.

b.  Appvizer does not sell software.

c.  To access https://www.appvizer.com/, you need an Internet connection (fixed or mobile). 

d.  You are responsible for all costs related to the connection to Appvizer (cost of the connection, necessary devices...).

e.  With the exception of maintenance periods to ensure its operation or updates, Appvizer is accessible at alltimes.

3. Who is Appvizer for? 

a.  Simply consulting the Website does not require registration.

b.  Creating an account on Appvizer to access the management and publishing features of asoftware is reserved for professionals.

c.  By accepting the CGUV, you declareon your honor to be at least 18 yearsold and you renounce to invoke the rules consumer law and consumer statusin case of disputes with Appvizer.

d.  Any false statement entitles Appvizer to close your account.

4. What is the purpose of these terms and conditions?

a.  The Terms and Conditions set forth the rules that must be followed when using the Appvizer Servicesbetween Users and vis- à-vis Appvizer.

b.  Before using Appvizer , you must read and accept these terms and conditions

c.   If you are not happy with one ormore of the provisions of the Appvizer TOS, you should not click "I have read and agree" to the terms and conditions.

d.  By accepting the Terms and Conditions andusing the Appvizer Services, you are entering into a contract with Appvizer. In accordance with the law, you can download and save our terms and conditions.

e.  Appvizer's terms and conditions may change. You will be notified of such changesand you may close your accountif you do not agree to them. If you continueto use the Appvizer Services after such notification, you are deemed to have accepted the new       terms and conditions.

f.   The date on which the terms and conditions were drawn up is indicated so that you can check for any changes.

g.  You can access previous versions of the GTCV at any time on our website.

5. Why are certain terms defined in the CGUV?

a.  In our Terms and Conditions, certain words beginning with a capital letter are defined to avoid interpretation of their meaning in the event of a dispute.

b.  If a word is defined,by agreeing to the TOS, you waive the right to disputeits meaning.

  • Advertisement: refers to the promotion of a software in an editorial content
  • Reviews: refers to comments made by Users on Product Sheets and articles
  • CGUV or Contract: means the present General Terms of Use and Sale
  • Cloud Is Mine: means the company Cloud Is Mine, a simplified joint stock company registered in the Trade and Companies Register of Perpignan, under the number 794
  • Account: refers to the account that must be created in order to become a User and access certain services offered by the Platform.
  • Product page : designates the presentation page of a software.
  • Software(s): means the computer programs and webapplications referenced on the Platform.
  • Platform (or Solution): means the website accessible at the url www.appvizer.com offering its users search and comparison tools for professional software.
  • Services: means support and training services for the use of Appvizer.
  • Site: refers to the appvizer.com website
  • User(s): means the professional who creates an account on Appvizer and uses its services.
  • Vendor(s): refers to the User who is also the publisher or reseller of a software

6. Information about how Appvizer works.

a.  The User acknowledges that he/she is aware of all the technical conditions necessary for the proper functioning of the Solution.

b.  The User acknowledges that he/she is properly informed of the fact that these technical conditions may change to ensure the operational maintenance of the Solution and its adaptation to new technologies. 

c.   Appvizer shall inform the User of any changes to Appvizer during the term of the Agreement.

7. Information provided by the User.

a.  Registration information must be accurateand kept up to date over time.

b.  You mustverify any requested changes with Appvizer. If you need to, contact usby sending an email to service@appvizer.com

c.  If you do not make a request for correction following an update, the update is deemed to comply with your requests.

d. By accepting the TOS, you waive Appvizer's liability for any damages related to erroneous information on your user profile.

e. Use of false information in theform is cause for deletion of your account and termination of the Agreement.

8. Connect to Appvizer with your LinkedIn account

a.  Creating anaccount can be done via the registration form on the Site or by logging in with your LinkedInaccount.

b.  Signing up with your LinkedIn account results in your LinkedIn information being used on Cloud Is Mine as LinkedIn reminds us on this page.

c.  By using this account creation method, you agree that Cloud Is Mine may access, publish on the Platform and retain certain information from your LinkedIn account.

d.  You can remove the link between your Appvizer Account and your LinkedIn account at any time through the "Third Party Apps" section of your LinkedIn profile

e.  If you would like to learn more about how your data is used in connection with your LinkedIn account, please see our Privacy Policy and LinkedIn's Privacy Policy.

9. Need to register on Appvizer.

a.  The creation of an accountis necessary for :

         I.    Post or reply to a review on Appvizer and to use the automatic software recommendation.

        II.   Referring a Software on the Platform.

        III.   Consult the statistics of its software.

        IV.    Subscribe to an offer and/or consume additional paid Services.

b.  Appvizer may refuse to create an accountin the following cases:

           I.   The Software which is thesubject of a request for referencing is not a software running in SaaS mode intended for professional use.

          II.   The Seller is not identified as part of the organization that officially publishes or resells the Software.

         III.   The person applyingfor registration is not a SaaS solutionprovider.

          IV.   Cloud Is Mine may verify the accuracy of registrants' information and terminate theaccounts of those who fail to comply with the registration requirements.

10. Use of the Appvizer search engine.

a.  The Appvizer search enginecan only be used to consult and compare the solutions presented on the pages of the Site. 

b.  Search results are provided for information purposes only.

c.  The search results do not constitute a guarantee of quality or conformity to the User's expectations. 

d.  Acceptance of the GTCV entails your waiver of Cloud Is Mine's liability for search results, software presentation or article content.

11. Software referencing.

a.  Any product page that complies with the CGUV is published on the Platform and can therefore be seen by any Internet user performing a search.

b.  The Seller is responsible for the contentof the product page it publishes on the Platform.

c.  Seller warrants the accuracy and truthfulness of all information contained in its product page(s).

d.  The Seller undertakes to sell or rent the Software to interested partie sin the manner described on the product page. 

e.  Cloud Is Mine may publish, modify or remove from a product page, any content that is likely to damage its image or that of its services.

f.   The criteria for ranking and displaying Vendor products is at the sole discretion of Cloud Is Mine.

g.  To be compliant, a product page must not :

         I.    Be the subject of a dispute on the partof the Software publisher

        II.    Contradict the actual pricing, featuresand services

       III.    Contain commercial information such as a phone numberor URL

       IV.     Use duplicate textual content, including that of your website.

You can find the best practices for creating a product page on our site.

12. Statistics and accounting of clicks.

a.  Sellers have access to statistics for each of their Software.

b.  The accounting of clicks, impressions and any other statistics is at the sole discretion of Cloud Is Mine.

c.  The accounting is enriched by measurement tools to be installed by you and for which you undertake to collect informed consent from your users in accordance with the data privacy policies. See 20.Protection of your personal data.

13. What rights does the Appvizer User have?

a.  Cloud is Mine does not grant exclusivity touse Appvizer.

b.  The subscription to Appvizer cannotbe transferred to a third party.

c.   Except for legal exceptions, the User may not access and manipulate the Appvizer source code.

d.   The use of Appvizer must not be diverted from its intended purpose.

14. What should the User not do on Appvizer?

a.  Appvizer may not be used to develop any other Software recommendation business or any other business that competes with Appvizer.

b.  The User undertakes not to publish any statements that are prohibited by law and/or that may infringe the rights of Cloud Is Mine or any third party.

c.  The User shall not infringe upon the rights and image of Cloud is Mine and the Appvizer brand.

d.  The User can only open one Account on the Platform.

e.  The User must not open an Accountin the name of a third party.

f.   Web scraping operations are prohibited on Appvizer as well as any massive data extraction.

g.  User shall not use computer"bots" or any other automated method to exploit the resources of the Platform.

15. Can there be advertising on Appvizer? 

a.  Cloud is MIne may use contextual Advertisements onits Website. These advertisements may appear when you surf the Website. They make it possible to participate in the remuneration of the update and the development of new functionalities of the Web site.

b.  Transparency is a core value for Appvizer. The remuneration system is accessible via this link.

c.   By accepting the terms and conditions, you agree to receive advertising messages through the Website.

d.  Appvizer may also implement affiliate links with business partners.

e.  Appvizer may implement fee-based services as part of the evolution of the Website. If so, you will be notified in advance and you may terminate your membership if you do not agree with the changes.

16. What are the rules for posting a review on Appvizer?

a.  Any person filing a notice must first have experienced the software concerned themselves.

b.  Any discovery of a false review or legitimate suspicion of a false review will result in its removal by Cloud Is Mine.

c.   By submitting a review, you agree to be subject to any checks by Appvizer to ensure the authenticity of the review.

d.  Any refusal to cooperate may result in the deletion of the disputed notices and the account of the person concerned.

e.  Appvizer employees who test certain software and post reviews on their ProductPage are marked as "Appvizer Expert".

f.   Appvizer is free to publish or delete any question, commentor answer whose content it deems to be contrary to these TOS.

17. Suspension and deletion of accounts.

a.  Registration with Appvizer may be terminated at any time, free of charge and without cause by sending a written request to service@appvizer.com.

b.  Cloud Is Mine may also terminate or suspend your membership in Appvizer for breach of the TOS or for any other relevant reason, which it must then communicate to you so that you can provide the required explanations.

c.  If their content contravenes the TOS or public order and morality, Cloud Is Mine may also without notice:

        I.    prevent or remove the publication of any notice,Product Sheet, or any content published on the Platform 

       II.   limit your access to and use of the Platform

      III.   temporarily or permanently suspend your account.

18. How is Appvizer ensured to work properly?

a.  Appvizer maintains the Platform.

b.  All corrections and evolutions made to Appvizerare subject to the TOS 

c.  The operation of Appvizer maybe disrupted to allow interventions necessary for its proper functioning or its evolution. These interventions are carried out as far as possible on days and at times that do not affect your use of the services.

d.  By accepting the Terms, you waive the responsibility of Appvizer for the possible consequences of the unavailability of the solution during these periods because they are necessary for its evolution and/or its improvement.. 

e.  If you need assistance using Appvizer, you can contact us at this address: service@appvizer.com

f.   We respond to support requestsfrom Monday to Friday from 9:00 amto 6:00 pm (French time).

19. Offers - Tacit renewal.

a.  The offers proposed by Cloud is Mine are accessible via your backoffice or by contacting the sales department.

b.  If you are on a subscription plan with Cloud is Mine, unless special arrangements have been made with Cloud is Mine, your commitment is for one year.

c.   No price reduction will be granted in case of use by the Seller of a number of licenses lower than the maximum number of licenses provided for by the subscription formula subscribed to for the current contractual period, without the possibility of carrying over the unused licenses to the next contractual year.

d.  At the end of your commitment, your subscription is renewed by tacit agreement for an additional year.

e.  To avoid tacit renewal, you must terminate thecontract by giving two months' notice before the anniversary date (for example, for a subscription taken out on January 1, you must terminate the contract no later than the last day of October).

f.   Cloud is Mine informs you of the expiration of your commitment by email three months before the anniversary date of your subscription.

g.  To cancel your subscription, simply send your request to the sales department via the online form on our website.

h.  The subscription price may be revised annually within the limits of the SYNTEC index and in accordance with the regulations in force.

20. Financial terms and conditions.

a.  Any subscription request that cannot be fulfilled directly online will result in contact with the sales department, which will then provide you with a quote tailored to your needs.By accepting this offer, you simultaneously accept the present general terms and conditions which are attached to it and form withit an indissociable contractual whole.

b.  The practical terms of payment are specified in the proposal communicated by Cloud is Mine and are accessible in the backoffice.

c.  Appvizer's invoices are payable upon receipt.     

d.  Any sum unpaid at its due date will give rise to the immediate, automatic andautomatic application, without the need to send a formal notice, of a late payment interest at the rate of three times the legal interest rate in force at the date of issue of the invoice. The User shall also be liable for the fixed penalty provided for by decree, without prior notice, without prejudice to other rights and remedies

e.  In case of non-payment of the price by the User, Appvizer shall be entitled, 30 days after the due date of the unpaid monthly instalment, to suspend the execution of the Contract, including access to the Solution, without this suspension removing the obligation to pay the price corresponding to the period in question.

f.   In the event that the non-payment persists 30 days after the sending of a letter noting the non-payment, Appvizer shall be entitled to terminate the Contract by registered letter with acknowledgement of receipt.

g.  Finally, Appvizershall have the right to refuse any further ordersfrom the User.

21. Protection of your personal data.

a.   The GDPR (General Data Protection Regulation or REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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 the French law of 6 January 1978 protect your rights. This section is therefore here to give you all the information about what Appvizer has of your personal data, how it does it and why it does it.

b.   To use Appvizer we ask you for a number of personal information: some of it is necessary to conclude the contract and some of it is not.

c.   We will seek your consent in accordance with the GDPR to obtain unnecessary data (to send newsletters, advertisements etc).

d.  The person in charge of the treatment which is carried out with your data is the company Cloud Is Mine domiciled 36 rue François Servent, 66100 Perpignan.

e.  The data you provide is managed byCloud Is Mine and hosted on computer servers in France, Germany and Ireland.

f.   Our rights to collectand process your data (those absolutely necessary to fulfill our obligations) are as follows :

  • Article 6.1.b of the GDPR: "processing is necessary for the performance of a contract to which the data subject is party or for the performance of pre-contractual measures taken atthe request of this one;"
  • Article 6.1.c of the GDPR: "processing is necessary for compliance with a legal obligation to which the controlleris subject;"

g.  The personal data we request from you will be used to keep our accounts and to manage our contractual, legal and regulatory obligations.

h.  In detail, this is how your personal data will be used :

  • sharing to business partners subject to your prior provision of consent in accordance with the GDPR
  • use for accounting and legal purposes
  • access and use of the services offered by Cloud Is Mine
  • management of the operation and optimization of the application
  • organization of the conditions of use of payment services
  • verification identification and authentication of the data you transmit
  • possible implementation of a user assistance
  • prevention and detection of malware fraud and management of security incidents
  • management of possible disputes with users

i.  The personal data that we would like to use in addition to send you commercial content are the following: name, first name, date of birth, email address, cell phone number.

j.   Even though Cloud Is MIne already holds this personal data lawfully, it will not be able to use it for marketing purposes if you do not consent. We will therefore need your specific consent when the time comes.

k. With regard to this data, your rightsare as follows:

  • right of access toyour data (Article 15 of the GDPR)
  • right to rectify your data (Article 16 of the GDPR)
  • right to have your data erased (Article 17 of the GDPR)
  • right to obtain the limitation of the processing of your data (Article 18 of the GDPR)
  • right to be notified of rectification, deletion, limitation of your data (Article 19 of the GDPR)
  • right to portability of your data (Article 20 of the GDPR)
  • right to object to the processing of your data (Article 21 of the GDPR)
  • right not to be profiled (Article 22 of the GDPR)

l.     We may ask you to provide proof of your identity in case of doubt if you exercise any of these rights.

m.  To exercise this right, you must write to the following address Cloud Is Mine - Appvizer L'Ammonite, 72 Rue Pénélope, 34000 Montpellier Cedex 2.

22. Data outsourcing management by Appvizer.

a.   If Cloud is Mine needs to outsource personal data on behalf of Seller, the following provisions apply.

b.  Seller's data and databases, whether or not containing personal data, to which Cloud is Mine may have access in the performance of the Agreement are theexclusive property of Seller in its capacity as database producer.

c.   The Seller determines the purposes and means of the processing of personal data as the controller.

d.  Cloud is Mine will take all necessary measures to ensure the protection, confidentiality and security of the data transmitted by the Seller.

e.  Cloud is Mine undertakes to comply with the regulations in force both in the state where the relevant entity of the Seller is established and in the state where the datawill be stored

f.   Appvizer limits access to personal data to certain named individuals, and provides additional protection against unauthorized use.

g.  Appvizer processes personal data on behalf of the Seller. It follows the instructions of the latter. Appvizer therefore undertakes to:

  • not to use, transfer or make availableto third parties these personal data.
  • immediately inform Seller that an instruction given is not legal.
  • only access or a l low third parties access to the data inaccordance with the instructions and authorizations received from the Seller.
  • not to use the personal data for its own purposes,or those of third partiesand to keep them only for the time defined by the Seller.
  • make available to the Seller its security policy concerning the outsourced data and keep it up to date with technical developments.
  • immediately inform the Sellerin the event that Appvizer's security measures no longer meet the Seller's requirements.
  • authorize Seller's monitoring of compliance with its subcontractor obligations.
  • ensure that staff working on the data are bound by confidentiality and have the skills requiredfor their work.
  • take technical and organizational measures to ensure the separate holding and processing of Seller's personal data from those of other customers.
  • Protect data from unauthorized accessand loss during each transmission.
  • subject its subcontractors to the same legal obligations as its own and regularly monitor compliance withthese obligations.
  • to store and process personal datain a country that ensures an adequate level of protection for personal data, in accordance with the regulations in force.
  • to inform the Seller immediately in case of inspections by the competent authority responsible for monitoring the protection of personal data (in France: the Commission Nationale Informatique et Libertés), aswell as in case of serious disruptions of internal operations, in case of suspected violations of the protection of personal data or other irregularities in the processing of data by the Seller.
  • transmit to the Seller requests forthe exercise of rights by a person concerned by the processing carried out under the Contract.
  • to return or give back to the Seller, or to delete at his request in compliance with the right to the protection of personal data, all Data and Data carriers (including any copies made), and to hand over to him, the corresponding deletion justifications.

h.  At the request of the Seller, a contract for the processing of personal data drawn up on the basis of Article 28.3 ofthe GDPR may replace or supplement these provisions.

23. Effective date of the contract.

a.  The Contract shall come into force on the date of acceptance of the general conditions.

b.  It is concluded for an indefinite period.

c.  The Contract shall be terminated early under the terms of the Contract:

  • If a party fails to perform its obligations.
  • In the event of liquidation or receivership of either party, subject to the applicable public policy provisions.
  • In the event of liquidationor cessation of the User's activity without a buyer.

24. Limitations of liability

a.  Cloud Is Mine is bound by an obligation of means for the performance of its obligations.

b.  By signing the Terms and Conditions, you waive Cloud Is Mine's liability for the following :

  • Improper installation or use of the Solution
  • Disruption or suspension of communication systems
  • Use of equipment necessary for theoperation of the Solution that does not comply with Cloud Is Mine's specifications or failure to provide compliant equipment
  • Failure to installan update of the Solution
  • Non-compliance by the User with his obligations likely to have an impacton the operation or availability of the Solution
  • Dissemination by Users of illicit contentor content that does not comply with applicable regulations
  • Unavailability of third-party data necessary for the operation of the Solutionor part of its functionality and affecting the availability of all or part of the Solution.

c.  If Cloud Is Mine is held liable under the Agreement, it shall not be entitled to claim more than the compensation for the direct and reasonably foreseeable loss in accordance with Articles 1231-3 and 1231-4 of the Civil Code.

d.  The amount of damages that could beclaimed from Cloud is Mine in the event of a dispute is capped at an amount equivalent to 12 months of the User'ssubscription (Article 1231-5of the Civil Code).

25. Intellectual Property

a.  Cloud Is Mine owns the intellectual property rights to the Solution and its databases.

b.  It is forbidden to reproduce elements of the Solution or the accompanying documentation (subject to legal limitations).

c.  You grant Cloud Is Mine a non-exclusive license to use the content and data you provide in connection with your use of the Platform and in which you have intellectual property rights.

d.  You warrant that you are entitledto use all content that may be published on Appvizer and you release and hold Cloud Is Mine harmless from any consequences that may arise from claims by third parties who believe that their rights have been infringed in this regard.

26. Various.

a.  By accepting the Terms and Conditions, you waive Cloud Is Mine's liability for damages resulting from suspension or interruption of access to the Solution caused by a network connection failure or inability to access the Solution due to incompatibility of your terminal.

b.  Protection against the risks of hacking and viruses is also your responsibility and Cloud Is Mine cannot be held liable for any damages you suffer as a result of any breach that is not directly attributable to Cloud Is Mine. You are solely responsible for the security of your login and password.

c.   If one party does not rely on a breach of contract by the other party, this cannot be construed as a waiver of the obligation in question.

d.   If any provision of the Agreementis declared invalid by a final court decision, it shall be deemed unwritten, without invalidating the Agreement or affecting the validity of its other provisions.

e.   You authorize Cloud Is Mine to use your trademarks and trade dress in its commercial communications.

f.    You waive Cloud Is Mine's liability for any reason related to the contractual subscription to a solution presented on the results page.

g.  The TOS may change at any time. You are informed by any means and you may have to accept these modifications before being able to access your profile and the services offered on Appvizer. Otherwise, continued use of Appvizer will constitute tacit acceptance of thenew TOS.

27. Applicable law - Dispute management - Jurisdiction

a.   Any disputes or litigation arising from the use of a service provided by Cloud Is Mine must be subject to an attempt at amicable settlement prior to any legal proceedings.

b.   To this end, within 30 days of the dispute arising, a meeting between the parties to the dispute shall be held in a place located within the jurisdiction of the Court of Appeal of Montpellier - France.

c.    If no agreement is reached within 15 working days following this meeting, the company Cloud Is Mine and the natural person or legal entity that is opposed to it will regain their freedom to take legal action.

d.   No legal action aimed at engaging Cloud Is Mine's civil liability may be initiated more than one calendar year after the claim has arisen in accordance with the provisions of Article 2254 of the Civil Code. 

e.   In the event of a dispute arising from the use of the contract, the competent courts are those of the Court of Appeal of Perpignan.

f.    These terms and conditions may be translated into a language other than French. In the event of a contradiction between the translated version and the original French version, it is expressly provided that the French version shall prevail and that a version translated into a language other than French may notbe invoked against Cloud Is Mine.

28. Force Majeure

a.  In accordance with Article 1218 of the Civil Code, any breach of any of the obligations of this Agreement caused by force majeures hall relieve the parties of their liability.

b.  If such an event occurs, the party unable to perform shallin form the other party by any means as soon as possible.

c.  Suspension of obligations or delay shallin no event be cause for liability for non-performance of the obligation in question, nor shall it result in the payment of damages or penalties for delay.