Terms and conditions of use

These General Terms and Conditions of Use (hereinafter "GTCU") are current as of January 1, 2024.

1. Legal Notice

These GCU are offered by TREPIED, a simplified joint stock company registered in the Toulouse Trade and Companies Register under number 819 516 063, individual intra-community VAT identification number FR72 819516063 (hereinafter the "Company").

The Company can be contacted by e-mail at contact@trepied.co.

La Société est propriétaire et éditeur de l’application Web trepied.co dont l’accès est sous forme https://www.<domaine_client>.trepied.co, (ci-après le «Site»). Le Site est hébergé par la plate-forme d’hébergement cloud Heroku, domiciliée au The Landmark @ 1 Market St. Suite 300, San Francisco, CA 94105 , joignable par email help.heroku.com.

The application's commercial site can be accessed at: https://trepied.co
The Site's publishing director is Sébastien Clery.

2. Site description

The Site provides users with a collaborative platform for creating and exchanging dematerialized documents relating to occupational risk prevention procedures on public or private sites.

3. Conditions of access to the Site

The Site is intended for professionals only. The user acknowledges that he/she is not authorized to use the Site if he/she is not acting within the framework of his/her commercial, industrial, artisanal, liberal or agricultural activity.

The user hereby declares that he/she has read these GTC and expressly accepts them before using the Site.

4. Entry into force

These GCU come into force without reservation for Users on the day of their acceptance by creating their user account on the Site.

5. Creating a user account

Depending on the user's status and administrative rights with regard to the creation or consultation of a security document via the Site, access to the Site will require the creation of a user account, which implies acceptance of these GCU and requires the provision of a certain amount of mandatory information: surname, first name, email address, telephone number, company, login and password.

Users are responsible for maintaining the confidentiality of their login and password.

The user will only be able to communicate his identifiers to the personnel of his company who need access to the Site.

In the event of fraudulent use of the login or password, the user is invited to inform the Company as soon as possible.

6. Electronic signature

The personal data constituted by the electronic signature of a trepied.co prevention plan is a signature used for information and validation purposes. It is not an electronic signature presumed to be reliable and therefore has no legal constraints.

7. User obligations

When using the Site, the user undertakes to :

• Not to harm the Site by any means designed to deform, alter or modify the proper functioning of the Site, such as viruses, Trojan horses, worms, malicious code, etc.
• Not to use the Site by usurping the identity of another user, except in the case of use of the Site by personnel belonging to the same company as the user.

8. Control of the Company

The Company has no control over the content that may be published by users on the Site when creating a document.

The Company nevertheless reserves the right to remove any content published on the Site that infringes an intellectual property right or is unlawful.

9. Intellectual Property

a. Company-owned content

The Company holds all intellectual property rights (such as copyright, neighboring rights, trademark rights, database producers' rights) relating to both the structure and content (such as images, sounds, videos, photographs, logos, trademarks, graphic elements, tools, software, documents and all other data) of the Site.

Data entered by users of the Site, such as prevention plans, company data, users, risks and parameterized measures, are excluded from the Company's property rights.

Any reproduction (including downloading, printing, etc.), representation, adaptation, modification, translation, transformation, distribution, integration into another site, commercial or non-commercial exploitation and/or reuse in any way whatsoever of all or part of the Site is strictly forbidden without the express written consent of the Company. Any unauthorized use may give rise to civil and/or criminal legal proceedings and the payment of damages.
The Site may only be used by users in accordance with the provisions herein. The Company grants the user a non-exclusive, personal and non-transferable license to use the Site for his or her own personal use and within the company to which he or she belongs. This license may be revoked at any time.

Any document created from the Site may be downloaded by users in a non-editable format and used solely for their internal needs.

b. User content

The user acknowledges that he is the owner of all intellectual property rights pertaining to the documents and parameters he publishes via the Site.

In the event of publication of content including elements that may include intellectual property rights belonging to third parties, the user guarantees that he/she has the necessary authorizations to include these elements in documents created via the Site. The user also guarantees that he/she is authorized to use the image of clearly identifiable natural persons on any content that he/she publishes on the Site.

The user grants the Company a non-exclusive, personal and free license to use, exploit, distribute, represent, reproduce, modify and adapt for commercial or non-commercial purposes, for the entire world and for the legal term of protection of any content published on the Site.

10. Liability

As a mere technical intermediary, the Company makes no commitment and assumes no responsibility as to the use and consequences of documents created via the Site. The Company also accepts no responsibility for the compliance of documents created via the Site with any applicable regulations.

The user remains responsible for preserving the security and integrity of its data, hardware and software when accessing or using the Site.

The Company may not be held liable for any computer virus, bug, intervention or unauthorized external intrusion on the computer system, fraud, technical failure or any other reason beyond the Company's control.

Due to the particular nature of telecommunications networks, the Company may at any time interrupt or restrict access to the Site for reasons beyond its control, and information communicated by users may be destroyed or rendered inaccessible without the Company being held liable in this respect.

Nor shall the Company be held liable in the event of interruption of access to the Site due to maintenance operations, updates or modifications to all or part of the Site.

11. Termination

The Company has the right to terminate a user account at any time in the event of non-compliance with any of the provisions of these GCU.

The user also has the option of deleting his or her account at any time by using the function provided for this purpose on the Site.

12. Personal data

Users' personal data is processed primarily to enable users to access and use the Site properly.

Users have the right to access, rectify or delete their personal data by contacting the Company at the following address: contact@trepied.co or the Company's Data Protection Officer at the following address: dpo@trepied.co.

The User also has :

• The right to object to processing
• The right to request limitation of processing
• The right to data portability
• The right to be forgotten and digitally erased
• The right to lodge a complaint with the CNIL.

13. Notifications

For any notification, claim or complaint relating to the Site, you may contact La Société at the following address: contact@trepied.co

The Company reserves the right to request proof of identity in order to verify the authenticity of a complaint or request for the removal of content.

14. Miscellaneous stipulations

These GCU constitute the entire agreement between the parties with respect to its subject matter.

Should one or more provisions of these GCU be declared null and void or inapplicable, the remaining provisions shall remain in full force and effect.

These GCU are governed by French law and fall under the exclusive jurisdiction of the French courts.