General terms of use of the Episto Chat

Who are we?

The Chat Episto (« Chat ») is published by the company Jering, SAS with a capital of 63,241 euros and represented by Jeremy Lefebvre as President.

Our registered office is located at 5 avenue du Général De Gaulle, 94160 Saint Mandé and we are registered with the Créteil Trade and Companies Register under the number 843146218.

You can contact us at any time at the address hello@episto.fr.

The Chat is hosted by Google Cloud Platform, whose headquarters is located at 8 rue de Londres, 75009 Paris, France.

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What is the purpose of the general terms and conditions?

The trust you place in us every day is our priority. To this end, we make every effort to ensure that you can maintain this trust on a daily basis, which obviously involves respecting and knowing the general terms and conditions of use (« CGU »).

The CGU, which apply to all of our services, are specifically designed to present you with the rules you must respect when using the Chat, knowing that any use of the Chat implies unconditional adherence to the CGU.

You therefore certify that you have read the CGU prior to any use of our Chat and that you have all the necessary information and skills to ensure that the services provided meet your needs.

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What are the conditions for responding to the chat?

Participation in the survey is free and at your own initiative. To use the chat, simply click on a piece of content on social media to access our chat dedicated to the ongoing survey. Participation in the survey can only occur during the campaign period determined exclusively by Jering.

You may only respond to the survey once, and you agree to provide accurate, truthful information and confirm that the information provided is personal and sincere.

Depending on the surveys, certain conditions may be activated. In this case, you will need to accept them to continue the survey.

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What are our commitments?

We provide a service in the “as is” state of the survey free of charge. As such, our liability cannot be invoked in case of damage arising from the use of the chat.

We are also not responsible for hacks, errors, or viruses that may be installed on your device and affect the service or actions taken or omitted by a system administrator.

We reserve the right to suspend access to the survey at any time without notice or compensation of any kind.

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What are your obligations and duties?

You agree not to arrange, modify, decompile, disassemble, perform reverse engineering, translate, adapt, reproduce, distribute, disseminate, or transfer any information, software, product, and, in general, any element of the Chat. Re-posting, scraping, or automated use or large volume use of the Chat is expressly prohibited.

You agree to comply at all times while using our Chat (i) with the applicable national and international laws and regulations, and (ii) with the Terms of Use.

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YOU WARRANT THAT YOU WILL NOT USE THE CHAT FOR ILLEGAL OR IMMORAL PURPOSES OR CONTRARY TO ITS INTENDED USE AND/OR PURPOSE.

By using the Chat, you acknowledge that you have only a right of use for your own account.

In any case, you agree not to, directly or indirectly:

• use the Chat in a manner that infringes on the intellectual and industrial property rights, the right to privacy, and/or the right to image and/or any other right of others.
• create, use, share, and/or publish by any means any material (text, statements, images, sounds, videos, etc.) or content that would have, in our exclusive assessment, an aggressive, threatening, malicious, defamatory, misleading, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, inciting hatred, sexually explicit, violent character, contrary to public morals, or in any other way contestable.
• create, use, share, and/or publish by any means any material (text, statements, images, sounds, videos, etc.) that would constitute a violation of a confidentiality obligation or that would encourage the commission of illegal activity (including hacking, cracking, or distributing counterfeit software).
• engage in activities aimed at accessing elements or functionalities of services whose use is carried out without our prior express authorization.
• arrange, modify, translate, adapt, reproduce, index, copy, and/or extract any information, software, product, or any other element or part of the Chat, by any means without our prior express authorization.
• modify, distort, block, abnormal weight, disrupt, slow down, and/or impede the normal functioning of all or part of the Chat, or its accessibility to other users, or the functioning of partner networks, or attempt to do any of the foregoing.
• transmit or propagate any virus, Trojan horse, worm, bomb, altered file and/or similar destructive device or corrupted data, and/or organize, participate in, or be involved in any way in an attack against our servers and/or the Chat and/or the servers and/or services of our providers and partners.
• use another user's Chat account, impersonate another person, or attribute a false identity in dealings with any individual or legal entity.
• collect or intercept by any means not expressly allowed data exchanged by other users, or the names/nicknames and/or passwords of any other user.
• harass other Chat users, engage in pyramid sales or similar operations, or send emailing, spams, or any unsolicited advertising or promotional items, whether for commercial purposes or not.
• attempt to obtain a password, account information, or other private information from any other Chat user, and/or sell, rent, share, lend, or otherwise transfer to any third party your account and/or the means to access it and/or in any other way benefit any third party from your account.
• make improper use of the support service we provide.
• access, use, download via the Chat or otherwise reproduce or provide to anyone (free of charge or for a fee) any user directory of the Chat or any other information related to users or the use of the Chat.

If you notice any malicious behavior or conduct contrary to our T&Cs and the interests of other users, you can contact us at hello@episto.fr.

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What are the applicable rules regarding intellectual property?

We are and remain the exclusive holders of all intellectual property rights to the brands (e.g.: Episto, Jering, etc.), graphic charter or logos, or any other element you may view when using our Chat.

We are and remain the exclusive holders of all intellectual property rights and third-party publisher licenses applicable to the general structure of the Chat, such as the software used to operate it, the algorithms we have developed, the APIs we use, the content of the Chat that we write and/or select (e.g.: text, sound, graphics, Privacy Policy, Cookie Policy, etc.), our know-how, etc.

The fact that you can access it freely during your use does not imply that we grant you any license or right of use on the elements of the Chat.

You therefore do not have the right to use these elements, in any way, entirely or partially, without our prior written permission. Any use by you that we have not authorized may constitute an infringement sanctioned by articles L335-2 and following of the Intellectual Property Code and by articles L713-2 and following of the same code.

Our Chat may also mention, for various reasons, other logos, trademarks or registered trademarks owned by us or by third parties and protected by industrial property law. Therefore, any unauthorized use of these elements constitutes infringement.

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Do we use personal data?

As a rule, the Chat does not process any personal data concerning you as data is anonymized by default to maximize the security and confidentiality of your privacy.

For more information on this topic, we invite you to consult the privacy policy of the Chat accessible: https://www.episto.fr/politique-de-confidentialite-chat.

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What is the applicable “standard” language?

The Chat can be translated into different languages. However, French remains the “standard” language of our company and our activity. The French language therefore always prevails over the other versions of our Chat in the context of our working relationship, particularly in the event of misinterpretation, dispute, litigation, or difficulty in interpretation concerning our services.

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What are the rules regarding hyperlinks?

The Chat may contain hyperlinks to websites or third-party sites. You are informed that we are neither responsible nor engaged on the offers, actions, content, products, services, or any other element available via these links.

Furthermore, we thank you in advance for notifying us of any hyperlink present in the Chat that would allow access to a third-party site offering content contrary to laws or good morals.

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Nullity

The nullity of one of the clauses herein does not entail the nullity of the T&Cs, and the other clauses will continue to produce their effects.

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Waiver‍

The fact that Jering does not temporarily or permanently invoke one or more clauses of the T&Cs shall in no case constitute a waiver of its right to invoke them.

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What is the applicable law?‍

Jering is a company governed by French law. Consequently, the use of our Chat is subject to French law, and any dispute will be brought exclusively before the competent French courts.

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Can the general conditions be modified? ‍

We reserve the right to modify the T&Cs at any time and without notice. We therefore advise you to consult them as regularly as possible.