Last updated: June 30th 2023
Please read these Terms of Use (hereafter referred as "Terms", "Terms of Use") carefully before using the website accessible at https://www.pentalog.com or www.pentalog.fr (hereafter referred as the “Website”) and/or benefiting from our plateform Pentalog Connect (hereafter referred as “Pentalog Connect ") operated by PENTALOG FRANCE SAS and its affiliates (hereafter referred as "us", "we", "our", “Pentalog” or “Pentalog Group”).
1. Conditions of use
As a user, visitor, or other category of person, your access to our Website and use of Pentalog Connect is conditioned on your acceptance of and compliance with these Terms. Indeed, these Terms apply to all users, visitors and others category of person who access the Website or use Pentalog Connect . By accessing or using Pentalog Connect, you then agree to be bound by these Terms. If you have any disagreement with any part of the Terms, then you may not access to Pentalog Connect and accordingly we advise not to use our Website.
2. Benefiting from Pentalog Connect
If you are benefiting from Pentalog Connect , this means that you are currently a Client of Pentalog. If you wish to have further information on the platform functionalities of Pentalog Connect, you may get in touch with your contact at Pentalog (account executive or project director, etc.) to obtain any relevant information to you including without limitation: setting of your account, adding new users, etc.
If you wish to purchase any other services of Pentalog advertised on our Website, you may be required to contact us using our contact form, or any other direct sales representative at Pentalog Group, publicly available on our Website.
3. Access to Pentalog Connect
The Access to Pentalog Connect is granted for the moment to selected existing clients of Pentalog. After a collaboration is completed between us and the said clients, the Pentalog Connect platform will not be accessible to them. As an existing selected client, your project data will be handled as provided in your contractual agreement with us.
Other accesses to your account could be granted by us to the project director of your ongoing project(s) in order to facilitate the interactions with us, and to help for a better alignment and collaboration.
In any case, the content of your account will benefit from the same level of confidentiality as provided in the contractual agreement you will have with us.
4. Privacy Policy and Cookies Policy
Before you continue using the Website and/or and Pentalog Connect, we advise you to read carefully our Privacy Policy regarding how we collect and process them, and also to read carefully our Cookies Policy regarding our use of cookies and trackers. It will help you to better understand our practices and how to contact us if you have any request as required by applicable laws and regulations.
5. Age restriction
By using this Website, you warrant that you have the minimum legally required age in your country of residence (at least 18 years old in France) and that you may legally adhere to these Terms. We assume no responsibility of any sort for liabilities related to age misrepresentation.
6. Intellectual property
You agree that all materials, products, and services provided on the Website are Pentalog’s property including its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute Pentalog’s intellectual property including but not limited to its brand, name, trademark, in any way, including electronic, digital, or new trademark registrations.
You grant to Pentalog a royalty-free and non-exclusive license to display, use, copy, broadcast and transmit the content you upload and publish on the Website. Any use of the content uploaded on the Website will be use lawfully and when applicable pursuant the provision of the contractual agreement you will have with us. For issues regarding intellectual property claims, you should contact Pentalog at legal@pentalog.com in order to come to an agreement.
7. User accounts
As a user of this Website, you may be asked to register with us and provide personal information. At the moment of your registration on the Website, your consent will be collected as required by the applicable legislation related to the processing of personal data including among others, the General Data Protection Regulation (GDPR).
You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. Besides, you are responsible for all activities that occur under your account or password.
If you think there are any possible issues regarding the security of your account on the Website, inform us immediately so we may address it accordingly.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in our sole discretion.
For any question regarding the processing of your personal information please refer to our Privacy policy, also directly accessible on our Website.
You will be solely responsible in case of any misrepresentation of any rights when you are creating an account on behalf your organization or using Pentalog Connect, so make sure that you are legally allowed to do it according to the internal rules within your organization.
8. Content
Our Website and our platform Pentalog Connect allows you to post, link, store, share and otherwise make available certain information (including personal data), text, graphics, videos, or other material ("Content").
You retain any copyrights and other proprietary rights that you may hold on the Content that you post to the Website or when using Pentalog Connect. You are also responsible to ensure that you have all the necessary and required rights within your organization to use or to share the said Content on the Website and/or via Pentalog Connect and that you are not infringing any third-party rights when doing so.
You will be solely responsible in case of any improper use of the data or information provided in the Content by you. You will be solely responsible in case of any misrepresentation of any third-party rights when adding any content on the Website. Pentalog shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your improper or wrong use of data or information on any such Content.
9. Links to other websites
Our Website and Pentalog Connect may contain links to third-party websites or services that are owned provided or controlled by Pentalog or not at all. For third-party websites or services of Pentalog Group, we advise you to read their own privacy policies or terms of use before accessing to those websites and benefiting from the services provided.
For other third-party websites or services that are not owned provided or controlled by Pentalog, it is your responsibility to familiarize yourselves with their privacy policies and/or terms of use before submitting your personal data. You further acknowledge and agree that under any circumstances, Pentalog shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. Pentalog may not be held liable for use of your data by these third-party websites and shall not be responsible for the privacy policy of these third-party websites.
10. Modifications
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 days’ notice prior to any new terms taking effect (including, but not limited to, by email to the address you provide if you use Pentalog Connect, or by a display when you next log on to our Website). What constitutes a material change will be determined at our sole discretion.
These Terms represent an understanding between Pentalog and you, and this supersedes and replaces all prior agreements regarding the use of our Website or Pentalog Connect.
11. Indemnification
You will defend, indemnify and hold Pentalog harmless from and against any third-party claim, demand, suit or proceeding (each, a “Claim”) that may arise from your use or misuse of Pentalog Connect or our Website alleging that your misuse has caused a direct infringement or indirect of such party’s copyrights or trade secrets, rights, and related liabilities, damages, costs and expenses (including reasonable attorneys’ fees and court costs (collectively, “Liabilities”), provided (1) we notify you promptly of any such third-party Claim and, at you reasonable request and expense, and (2) we provide you with reasonable assistance and the sole authority to defend and settle such Claim.
If we are entitled to indemnification hereunder and become aware of any matter we believe is indemnifiable hereunder involving any Claim, action, suit, investigation, arbitration, or other proceeding against the us by any third-Party (each an “Action”), we shall give you a prompt written notice of such Action. Such notice shall (a) provide the basis on which indemnification is being asserted and (b) be accompanied by copies of all relevant pleadings, demands, and other papers related to the Action and in our possession. You shall assume the defense of any such claim or litigation, and we shall cooperate with you, at your expense. We reserve the right to select our own legal counsel at your reasonable expense, in the defense of such Action. And we reserve the right to compromise or settlement of an Action at our sole discretion.
12. Limitation on liability
We are not liable for any damages that may occur to you as a result of your misuse of our Website or Pentalog Connect.
13. Termination
We may terminate or suspend access to our Website or to Pentalog Connect immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Applicable law
By visiting this Website and benefiting from Pentalog Connect, you agree that French law without regard to principles of conflict laws, will govern these Terms, or any dispute of any sort that might come between Pentalog and you, or its partners and associates.
15. Disputes
In the absence of an amicable solution, any dispute related in any way to your visit to our Website or to use of Pentalog Connect shall be settled before the Tribunal of Commerce of Orléans (France). For specific services leading to the signature to a contractual agreement between Pentalog and your company, any dispute shall be settled according to the provision contained in the said contractual agreement.
16. Contact Us
If you have any questions about these Terms, please contact us.
