Cantoo Scribe User License Agreement and Legal Terms of Sales

1) Application and enforceability of the user license

This user license applies without restriction or reservation to all use of the Product offered by the company InSchool on the website https://cantoo.fr/ or https://cantoo-scribe.fr/ or the Cantoo mobile or desktop application; this can be used online or offline (hereinafter the “Site”). The company InSchool (hereinafter referred to as "the Publisher"), provides the Customer with the Cantoo Scribe software (hereinafter referred to as the "Product"), against payment for a service, the price of which, the method of payment, and the duration are mentioned in the basket of the Site, and this, under the conditions described below. The Product, accessible on the Site, is software whose function allows children with a cognitive learning disability, aged between 6 and 18, to take notes, receive lessons and exercises, read them and perform them, and send them to a teacher who can correct them for all the courses given in a school. The text is formatted especially for them (increase in the size of the text, spacing between lines, between letters, colorization of words, letters or syllables. The purpose of this user license is to define the terms and conditions for the use and sale of the Product, as well as to define the rights and obligations of the parties in this context. It is accessible and printable at any time by a direct and permanent link on the Site. It prevails over all other general or specific conditions not expressly approved by the Publisher. They may be supplemented, if necessary, by conditions of sale or use specific to certain Products or services, which supplement these general conditions and, in the event of contradiction, prevail over them.

2) Publisher's identity and contact

The Site corresponds to a Product published by the company InSchool, a simplified joint stock company with a capital of 20,000 euros, registered in the Trade and Companies Register of Lille Métropole under number 879 181 584, whose head office is located at 165 avenue de Bretagne 59000 Lille, represented by Mr. François Billioud, Chairman, domiciled in this capacity at said head office Email address: contact@cantoo.fr Phone number: 33 (0) 6.63.91.75.15

3) Acceptance of this user license

The Customer declares, prior to his order, that he has full legal capacity, allowing him to engage under this user license. Its acceptance of this is materialized by a checkbox in the order form. This acceptance can only be full and complete. Any acceptance subject to reservation is considered null and void. The Customer who does not agree to be bound by this user license must not place an order on the Site, nor use it. The Customer is responsible for all uses made by others, with his login and password.

4) Product Features

Before any order, the Publisher recommends that the Customer read, on the Site, the information, instructions for use and any contraindications of the Product that he wishes to use. The labeling and advertising of the Product sold complies with the standards in force on French territory, and with Community legislation. The Publisher recommends that the Customer strictly comply with the recommendations for use, the precautions for use and any contraindications for the Product appearing on the Site. The photographs, representations and descriptions of the Product on the Site are as precise as possible, but are given for information only and do not constitute a contractual commitment by the Publisher guaranteeing perfect similarity between the Product ordered and the Product represented.

5) Order

a) Account creation

When using it for the first time, the Customer is offered the possibility of creating an account (hereinafter referred to as the “Account”), which allows the Customer, when placing subsequent orders on the Site, to access a request form. pre-filled order with the contact details he provided. This Account also allows the Customer to access all of their data. The Customer undertakes to update this information in the event of changes (in particular: change of address). The Customer is responsible for maintaining the confidentiality of his password. He must immediately contact the Publisher at the contact details mentioned in Article 2 hereof if he notices that his Account has been used without his knowledge. It recognizes the Publisher's right to take all appropriate measures in such a case. Any order for the Product is preceded by a period of free use of the Product of several days.

b) Order processing

To place an order, the Customer must select the duration of the Product of his choice and place it in his basket. He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered. As part of his order, the Customer is invited to provide his contact details for billing purposes. He must complete all the fields marked as mandatory in the form provided for this purpose. Orders that do not contain all of the required information cannot be validated. The Customer guarantees that all the information he gives in the order form is accurate, up to date and sincere and is not vitiated by any misleading nature. This information constitutes proof of his identity and binds him upon validation. As orders are final and irrevocable, any modification request made by the Customer is subject to acceptance by the Publisher.

c) Confirmation

At the end of his order, the Customer receives by email a confirmation thereof. The Customer must ensure that the contact details he provided when ordering or updating his Account are correct and that they allow him to receive the order confirmation email. Failing receipt thereof, the Client must contact the Publisher at the contact details mentioned in Article 2. The Publisher recommends that the Customer retain the information contained in the order confirmation. The order and its confirmation are considered received when the parties to which they are addressed can have access to it. The Publisher reserves the right to refuse any order for legitimate reasons and more particularly in the event that the quantities ordered are abnormally high compared to the quantities usually ordered by customers as consumers.

6) Price and terms of payment

a) Price

In the context of an online order, the sale price of the Product is indicated on the Site, as part of a subscription. The sale price of the Product corresponds to license fees owed by the Customer. It is the one in force on the day the order is placed. It is indicated in euros, all taxes included (VAT and other applicable taxes). The price is paid in cash on the day of the order, for the first monthly installment. Then, the price must be paid each month until the end of the subscription chosen by the Customer. The Publisher reserves the right to revise the price at any time by informing the Customer at least thirty days before the revision takes effect, by email, at the address declared when subscribing to the Product. The Customer may contest any price revision and terminate the contract by registered letter with acknowledgment of receipt or in the customer area of the Site, within thirty days of this new price taking effect. Otherwise, this new price will be deemed irrevocably accepted by the Customer.

b) Terms of payment

The full price of the Product is payable when ordering for the first month. The price will have to be paid again, each month, as part of the subscription. Payment is made online by Stripe, or by any other means offered on the Site at the time of the order. The Customer guarantees the Publisher that he has the necessary authorizations to use the chosen payment method. The Publisher reserves the right to suspend or cancel any order in the event of non-payment of any amount due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud. Penalties of an amount equal to one and a half (1.5 times) the legal interest rate are automatically applicable to the unpaid amounts upon notification of the rejection of bank payment. In the event of total or partial non-payment of an invoice from the Publisher, the Publisher reserves the right to interrupt its services until full payment of the sums due, without formality, without prejudice to sums still due. This suspension is the responsibility of the Customer, who agrees to bear all the consequences. It cannot be considered as a fault of the Publisher or a termination of the Contract by the Publisher. Under no circumstances may the Customer request any compensation from the Publisher due to the interruption of its services following a payment incident. If there is no regularization within the period of fifteen days after a formal notice sent by the Publisher to the Client, the Contract will be terminated by operation of law, to the wrongs and grievances of the Client. In addition, in the event of non-compliance with total or partial payment by the Customer from the due date, the latter is liable for a lump sum indemnity for recovery costs of forty euros, without prejudice to any other right or remedy available to the Publisher. When the recovery costs incurred are greater than the amount of this lump sum compensation, the Publisher may request additional compensation, upon proof. In the event of non-compliance with total or partial payment by the Customer within thirty days of the due date of the invoice, the latter is liable for late penalties automatically payable by the Publisher, and equal to 10% of the annual price excluding tax of the Contract.

c) Retention of title

The Publisher retains full ownership of the Product data. The data inserted therein by the Customer remains the property of the Customer.

7) Termination

The Customer may request the termination of the automatic renewal of his subscription at any time. To do this, simply send an email to contact@cantoo.fr with the subject "Termination" explaining the reason and the desired date of termination. The termination will be taken into account within 24 hours. The supply of the Product will cease at the end of the invoicing period and no additional amount will be charged.

7) Obligations of the Publisher

a) Operation and accessibility of the Site

The connection of any person to the Site is made under the sole responsibility of the Customer. It is the Customer's responsibility to take all appropriate measures to protect their own data and / or software stored on their computer equipment against any attack. The storage space allocated to the Customer is limited in terms of storage. It is destroyed two years after the Customer's last use, in the event of termination of the subscription. The Publisher exclusively guarantees that the Product conforms to the functional and technical characteristics mentioned in this license. Given the very nature of the Internet network and its operation, it is bound by an obligation of means to guarantee the quality of the Product. The Publisher ensures synchronization of the elements inserted by the Customer with its servers, so that the Customer can use their data on several media, and share them with other people. The Editor cannot be held responsible for any malfunction or breakdown in each of the following cases:

- extraordinary interventions that must be carried out urgently at the sole discretion of the Editor in order to prevent risks inherent to security and / or stability and / or confidentiality and / or integrity of the Product made available to the Customer and of the data which 'it contains ; it being noted that the execution of these extraordinary interventions will be communicated to the Customer, by email or on the Site, as soon as possible; - fault or negligence of the Customer such as non-compliance with the advice given, misuse or configuration error, voluntary or not, made by the Customer errors or malfunctions implemented by a third party to the Contract, such as the host; - total or partial inaccessibility of the service attributable to breakdowns or access speeds or slowdowns of the Internet network; - technical failure beyond the control of the Editor having the characteristics of a force majeure or fortuitous event; - in the event of network malfunction;

Any intervention for an anomaly that does not meet the conditions of the above warranty will be invoiced to the Customer at the intervention rate in force on the date thereof. In other cases, the Publisher is not responsible for damages such as loss of computer data. In any event, the amount of damages to which the Publisher could be ordered is limited to the amount invoiced by the Publisher to the Client, under this contract, within the limit of twelve months. This constitutes an essential and decisive condition for the conclusion of this contract.

b) Technical assistance, service level agreement

The Publisher undertakes to provide the Customer with free technical assistance, by telephone or by email, from Monday to Friday from 9 a.m. to 12 p.m. and from 2 p.m. to 6 p.m., excluding public holidays. Support is provided in French for all media, or in English in response to emails. The Publisher undertakes to ensure the service of the Product with a monthly availability rate of 97%. The control exercised by the Publisher over its infrastructure and its tools enables the proactive reporting of any failures or anomalies. However, any breakdown and / or anomaly in the service can be reported by the Customer by email to the Publisher, 24 hours a day. The Publisher will make every effort to restore the normal functioning of the service and undertakes to correct, within a maximum period of forty-eight working hours, any anomaly or failure which has been notified to it by email from the Customer. Beyond this period, the Customer may request compensation in the amount of 10% of the monthly value of the contract, per day of delay from these forty-eight hours. The Publisher reserves the right to revise the operational functionality parameters described above, at any time, by informing the Client at least thirty days before the revision takes effect. The Customer may contest any price revision and terminate the contract by registered letter with acknowledgment of receipt, or by email as described in the section 7 (Termination), within thirty days of these new parameters taking effect. Failing this, these new parameters will be deemed irrevocably accepted by the Customer. Planned maintenance concerns actions regularly performed by the Editor to maintain the functioning of the service. Maintenance can be ordinary or extraordinary. The Publisher makes its best efforts to perform these maintenance operations at the least inconvenient times for the Customer.

c) Data protection

The Publisher undertakes to keep strictly confidential all confidential Client information brought to its attention. It undertakes to ensure that the members of its staff, its corporate officers, managers, parent company, subsidiaries and service providers, who may be required to perform this contract, respect the strictest confidentiality. He will not communicate any Client information to a third party, unless requested by a police service, gendarmerie, an independent administrative authority or a judicial authority. The Publisher and the Client undertake to comply with the laws relating to data protection.

d) Non-performance or delay in the performance of its obligations

The Publisher cannot be held responsible for the non-performance or delay in the performance of its obligations due to a case of force majeure or even total or partial disruptions or strikes, in particular of the means of communication. The Customer declares to accept the characteristics and the limits of the Internet network. Since data on the Internet circulates on heterogeneous networks with various technical capacities, the reliability of transmissions cannot be guaranteed. In any event, the liability that may be incurred by the Publisher hereunder is expressly limited to only proven direct damage suffered by the Customer and corresponding to the price paid by him.

8) Customer's obligations

  1. The Customer declares to have acquired all the rights necessary for the use of the information and information transmitted to the Publisher, and guarantees it against any action or claim by third parties in this regard. All services provided by the Publisher may be used only for lawful purposes. The Customer undertakes to comply with all the regulations applicable to his activity and to the dissemination of information on the Internet. He undertakes to respect the rules in force on the Internet. If the data transmitted by the Customer for the purposes of using the Product include personal data, the Customer guarantees the Publisher that he has fulfilled all the obligations incumbent on him under the law of 6 January 1978 known as "Informatique & Libertés", and that it has informed the natural persons concerned of the use which is made of said personal data. As such, the Customer guarantees the Publisher against any recourse, complaint or claim emanating from a natural person whose personal data is reproduced and hosted via the Product.
  2. The Customer chooses a login and a password. happening, personal and confidential. The Customer is responsible for the use of his login and password. Any connection made using this login and password will be deemed to have been made by the Customer or one of these agents. The Customer undertakes to immediately notify the Publisher in the event of loss or theft of this information. If the password is forgotten and the Customer requests it via the Site's customer area, the Publisher can send them a new password, by email.
  3. The Customer guarantees to do so. - even backups of all of its data; the Publisher is not responsible for any loss of data, which is not kept by him.
  4. The Customer is solely responsible for direct or indirect, material or immaterial damage due to his use of the Product and undertakes to indemnify the Publisher against any demand, claim and/or condemnation for damages against the Publisher, when these would be caused by the improper use by the Client of the Publisher's product.
  5. The Client undertakes to immediately inform the Publisher of any modification concerning his situation: change of address, telephone number, email, contacts, bank details.

9) Intellectual property

The Customer acknowledges that the intellectual property rights relating to the Product belong to the Publisher, who grants him, for the sole needs of the execution of the contract, a license allowing him only to use the aforementioned functionalities. Any other use of the Product by the Customer is an infringement. The Customer is prohibited, by this Contract, from reproducing any element of the application code, by any means whatsoever, in any form whatsoever and on any medium whatsoever. The Customer agrees not to make any changes to the elements provided by the Publisher, without the prior written and detailed consent of the latter. He is not authorized to modify or adapt all or part of the Product or the Site. It is not permitted to create derivative works based on the Product or any of its parts. The Customer is not authorized to rent or resell the services permitted by the Product or the Site. The Customer is not authorized to distribute the Product. The Customer is not authorized to decompile, disassemble, reverse engineer, reduce the Product to a form understandable by a human being. The Client exonerates the Publisher and fully guarantees him against conviction on account of the content of the data transmitted by the Client to the Publisher and that the Publisher has stored.

10) Prohibited behavior

The following are strictly prohibited:

  1. Any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site.
  2. All intrusions or attempted intrusions into the Publisher's systems.
  3. Any misappropriation of resources Site system.
  4. Any breaches of security and authentication measures
  5. Any actions likely to impose a disproportionate load on the Site's infrastructure.any acts likely to infringe rights and financial, commercial or moral interests of the Publisher or users of its Site.
  6. Any practice diverting the Site for purposes other than those for which it was designed and finally more generally.
  7. Any breach of these general conditions or the laws and regulations in force.

It is also strictly forbidden to monetize, sell or grant all or part of access to the Site or the Product, as well as to the information it contains. In the event of a breach of any of the provisions of this article or more generally of violations of laws and regulations, the Publisher reserves the right to take all appropriate measures and initiate any legal action.

11) Personal Data

The computerized processing of personal data collected for the order is intended to supply the Product. In the absence of a response, the possible order cannot be processed. In accordance with the Data Protection Act, the Customer has a right of access, rectification and, subject to the legal provisions applicable to the matter, deletion of data concerning him, the data controller being the Chairman of the Publisher, whose contact details are in article 2 hereof. If the Customer does not want their contact details to be re-used for commercial purposes, please inform the department responsible for processing. If the Customer does not want his contact details to be passed on to third parties, please inform the department responsible for processing.

12) Cookies

Cookies are small files of information that a website can send to the hard drive of a personal computer for subsequent tracking. The cookies used on the Site make it possible to identify the services and sections that the Customer has visited, and more generally his behavior in terms of visits. This information is useful for better personalizing the services, content and offers that appear on the Site. Cookies are also necessary for the proper functioning of certain services or to measure their audience. In addition to informing the Client beforehand about the insertion of cookies, his consent may be required in certain cases by accepting the notice at the top of the pages of the Site. If the Client's personal computer browser is configured to refuse cookies or if the Client's computer does not accept their installation, access to certain services of the Site may be impaired or even impossible. The Customer can deactivate cookies or delete them using the options of his browser. Each browser being different, the Customer is invited to consult the instructions for his browser to configure it to his liking. The retention period of this information on the Customer's computer is a maximum of 13 months from their placement. In accordance with European legislation, the Site has updated its privacy policy regarding cookies. The User is free to accept or refuse cookies from all websites by modifying the settings of his internet browser. These general conditions entered into force on 16/11/2020

13) Advertising

The Publisher reserves the right to insert on any page of the Site all advertising or promotional messages in a form and under conditions of which the Publisher will be the sole judge. As a host, the Publisher assumes a limited liability for the content, advertising, products and / or services available on such third-party sites and mobile applications which are reminded that they are governed by their own conditions of use. .

14) Language

In the event of a translation of these general conditions in one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute on the meaning of a term or a provision.

15) Other provisions

  1. The fact that a Party does not avail itself, at a given time, of one of the stipulations of this Contract, cannot be interpreted as a waiver to subsequently assert this same stipulation.
  2. Taking into account the specificity of the activity and the support which is the subject of the present, the Parties agree to recognize the validity of the communications by electronic mail (email) insofar as the recipient will have, by the same means, acknowledgment of receipt of this letter or will have replied to it, except with regard to the breach of this contract, which must be notified by registered letter with acknowledgment of receipt sent to the head office of the other Party or by the customer area of the Site.
  3. The Publisher may assign or transfer all or part of the rights and obligations under the Contract, with or without prior information to the Client.
  4. If one of the clauses were to be canceled, it would be deemed unwritten but would not invalidate the other clauses of the contract.
  5. This contract is governed by French law.
  6. In the event of a dispute between the Parties on the interpretation and / or execution of the contract, the Parties agree to seek an amicable solution in the spirit of this agreement.

In the event of failure, the jurisdictions within the territorial jurisdiction of the Publisher's head office have sole jurisdiction to settle disputes, even for emergency or conservatory proceedings, notwithstanding multiple defendants or guarantee calls.