Effective date: September 12, 2024
Digicoop is a software editor, owner of the SQLify solution, accessible
through to the website sqlify.me.
SQLify is a platform used to access third party APIs using SQL.
The following definitions are applicable to the entire T&Cs:
“Account”: refers to the dedicated and individualised digital
space attributed to a User enabling access and use of the Software.
"API": refers to the applicative programming interface
developed by Digicoop, as well as the associated documentation.
“Digicoop”: refers to the limited liability participatory and
cooperative company Digicoop registered under the laws of France to
the Paris Trade and Companies register under the number 812 479 806.
“Organisation”: refers to the entity acting for professional
purposes under which Users are stemming from and concluding the T&Cs
with Digicoop.
“Organisation’s Data”: refers to any data, personal or
non-personal, uploaded in the Software by a User or generated by the
use of the Software.
“Owner”: refers to the User of the Software representing the
Organisation and / or managing the payment methods of the Software.
“Party”: refers individually to Digicoop, the Organisation or
each User or collectively Digicoop, the Organisation and Users.
“Software”: refers to the software solution SQLify,
accessible in particular through
sqlify.me and programmed by
Digicoop.
“Subscription”: refers to the commercial offer subscribed by
the Organisation to benefit from the Software.
“Third-Party Services”: refers to any digital services run and
operated by a third-party which can be integrated to the Software.
“T&Cs”: refers to the present terms and conditions.
“User”: refers to any user of the Software, including Owners and other users, including users not from the
Organisation.
Unless circumstances request otherwise, definitions in the singular
include the plural and vice versa.
The purpose of the T&Cs is to govern the modalities of access and use of
the Software and to define the rights and obligations of the
Organisation, Digicoop and Users in relation to the use of the Software.
The T&Cs are concluded between Digicoop and the Organisation on the one
hand and with each User on the other hand.
As an essential and determining condition under which Digicoop would
have not entered into the T&Cs, it is stated that the use of the
Software and the conclusion of the T&Cs is exclusively reserved to
professionals, to the exclusion of consumers and/or any person not
acting for professional purposes.
When creating an Owner Account, any person authorised to represent the
Organisation must read the T&Cs and materialise its consent to the T&Cs,
by ticking, as the case may be, the corresponding box appearing in the
Software.
Any physical person in charge of the creation of an Owner Account
guarantees having the power and the legal capacity to create the Account
and more broadly to legally and contractually bind the Organisation.
The Owner acknowledges and agrees that the acceptance of the T&Cs
materialise the formation of the agreement binding the Organisation and
Digicoop and each User acknowledges and agrees that the use of the
Software entails the full acceptance of the T&Cs.
The T&Cs are made available to the availability of the Organisation and
the Users in conditions allowing the permanent accessibility and use on
the website sqlify.me.
In case of modification of the T&Cs for any reason (for instance,
following substantial modifications in the functioning of the Software
requiring their modification), the Organisation, the Users will be
informed by email of the modifications 15 days before the entry into
force of the new version of the T&Cs.
At the end of this delay and except if they expressly demonstrated their
will to terminate the T&Cs under the terms of article 9, the
Organisation and the Users shall be deemed to have accepted the new
version of the T&Cs.
Each User is responsible for the access and use of the Software and must
use it in a strictly personal manner in accordance with the terms of the
T&Cs and to the benefit of the Organisation.
Except in the event of a technical failure attributable to Digicoop, or
in the event of force majeure, each User is liable for the
confidentiality and the security of its login information as well as any
data filled in the Software.
If any User has reasons to believe that its login information was lost,
stolen, diverted or compromised in any manner, or in case of an
unauthorised use of the Software, Users must immediately notify Digicoop
by email at contact@sqlify.me. In the absence of such notification, any
use of the Software will be deemed having been done by the user and the
Organisation shall be liable for it.
In such a situation and/or in the presence of a potential or proven
threat to the security or confidentiality of the Organisation’s Data or
the operation of the Software, the User must immediately notify Digicoop
to take all appropriate measure to prevent any unauthorised access (for
example, reset the password or the login or suspend access to the
Software).
Before purchasing a Subscription, the Organisation may access and use
the Software freely. During this period, all the terms of the T&Cs
shall be applicable and Digicoop may interrupt the access and use of the
Software at any time and for any motivation.
The Organisation must pay the price of the Subscription purchased in the
Software and according to the terms of such Subscription, as described
in the Software and in the T&Cs.
The price of the Subscription is billed according to (i) annual or
monthly Subscription periods starting at the beginning date of the
Subscription and at each corresponding annual or monthly anniversary.
In the event of non-payment of an invoice on its due date, any sum due
for a Subscription will bear interest at a rate equal to three (3) times
the legal interest rate, as from the first working day of delay, without
the need to send a formal notice or notify the Organisation or the Users
in any way, upon presentation of a bill by Digicoop. These penalties
will be increased by a flat-rate recovery indemnity of forty (40) euros
per unpaid debt.
Each user expressly undertakes to:
comply with the laws and regulations in force in the country where
it is established, not violate public order, morality or the rights
of third parties and not violate any legislative or regulatory
provision.
comply with the T&Cs.
use the Software and the API according to its purpose and its object
and in a way that is fair to Digicoop.
use the Account for its sole use and in a personal manner, as well
as not sharing its login information with other physical or legal
persons, whether they are related or not to the Organisation.
refrain from creating fake accounts or using the Software under a
fake identity or by providing inaccurate identifying information.
implement all necessary measures to ensure the security and
confidentiality of the login information.
inform Digicoop in case of complication of any nature.
refrain from making any processing on special categories of personal
data according to article 9 of Regulation (Eu) 2016/679 of the
European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of
personal data and on the free movement of such data, and repealing
Directive 95/46/EC (General Data Protection Regulation)
not use the Software for spamming purposes.
Users acknowledge and agree that the following acts are strictly
forbidden: (i) any conduct that may interrupt, suspend, slow down, or
impede the continuity of the Software or the API, (ii) the publication
of illicit contents (for example, pornographic contents or contents
violating an intellectual property right), (iii) any intrusion or
attempt to intrude in Digicoop’ computer systems, (iv) any action that
may impose a disproportionate burden on Digicoop’ digital
infrastructures, (v) any violation of security and authentication
measures, (vi) any act that may damage Digicoop’ financial, commercial
or moral rights and interests, (vii) the creation of a program or a
derivative work from the Software or the API, in particular to develop
or connect a similar or competing product, or in relation with malwares;
and (viii) more generally any practice distorting the Software or the
API to other purposes than the ones for which it was conceived and any
bypass of security and authentication measures.
provide a valid payment means and ensure that such payment means is
valid for the contractual relationship with Digicoop.
deal with any payment incident without delay and immediately upon
Digicoop’s notification by any means, as the case may be.
inform Digicoop of any trouble related to the use of the Software or
the API.
Digicoop shall make the Software available to the Organisation and to
make its best efforts in order to ensure the availability and the
functioning of the Services twenty-four (24) hours a day and seven (7)
days a week except in cases of force majeure or in case of
unforeseeable and unpredictable behaviour of a third-party and subject
to potential breakdowns, update and maintenance operations necessary to
the proper functioning of the Software. Because of the peculiarities of
the Internet network and the telecommunication networks, Digicoop cannot
ensure a permanent availability of the Software.
In case of a dysfunction or an anomaly affecting the proper functioning
of the Software or the API, Digicoop shall make its best efforts to
restore the situation.
Digicoop makes available to Users a support service to answer questions
and provide assistance in case of difficulties. For questions or
requests for information in relation to the Software or the API, Users
may contact Digicoop by sending an email to the following address:
support@sqlify.me or by using the
corresponding functionality in the Software.
Requests for assistance must be formulated from Monday to Friday,
between 9am à 6pm. Upon reception by Digicoop of the request for
assistance detailing the technical issue, Digicoop will address to the
User an acknowledgement of receipt and will provide, starting from the
sending of the acknowledgement of receipt, assistance within a
reasonable delay according to the complexity and the number of requests.
Digicoop shall ensure the maintenance of the Software, and make
reasonable efforts, in the context of an obligation of means, to solve
potential incidents that may affect them. General maintenance operations
will be announced at any time and by any means (e.g. through the Twitter
account related to the Software). In case of a maintenance operation
affecting the Software for a duration exceeding one hour, Users may be
informed within a reasonable timeframe before the operation and in a
specific way, by email or any other dedicated mean.
The T&Cs are concluded for the duration determined by the Subscription
and shall renew for the subscribed period according to the terms of the
Subscription.
Access to the Software and the API by a User or the Organisation may be
suspended at any time and without notice in particular in the following
situations:
A payment incident.
In case of a breach to an essential provision of the T&Cs and/or or
in case of material or repeated breach to one or several provisions
of the T&Cs by one of the Users.
In case of use of the Software to illicit or fraudulent purposes and
/ or if the Organisation’s Data may be assimilated as illicit
contents.
In case of fraudulent or suspicious behaviours from one or several
Users or in case of a security breach.
Suspension of the access of the Software or the API is without prejudice
of payment obligations according to the Subscription and the agreed
commercial terms.
Access to the Software may be restored within a reasonable time and in
any event in less than 7 days when the cause of the suspension shall
have ceased and/or following an inquiry period where the alleged
breaches would have been discussed between the Parties. If access is not
restored, the T&Cs will be terminated.
As the case may be, Digicoop may prevent access to the Software of a
specific person, in particular following multiple or material breaches
of the T&Cs.
The T&Cs may be terminated by the Organisation according to the terms
agreed according to the Subscription and through the functionalities of
the Software. Any termination before the end of the chosen Subscription
period by the Organisation shall not give rise to any reimbursement.
Termination of the T&Cs shall be effective only at the end of the
subscribed period according to the Subscription. As an example, in case
of an annual subscription, the T&Cs shall be terminated only at the end
of a one-year period starting from the initial subscription according to
the Subscription.
The T&Cs may be terminated ipso facto at any time by Digicoop or the
Organisation in case of multiples and/or serious breaches to the T&Cs.
As an example, the following breaches shall be considered as material
(non-exhaustive list):
For the Organisation: not paying the price of the Subscription,
multiple payment incidents or the use of the Software for illicit
purposes.
For Digicoop: multiple and major technical issues preventing the
proper use of the Software by the Users.
Term or termination of the T&Cs entails the end of access to the
Accounts, the Software and the Organisation’s Data.
The Organisation acknowledges and agrees that it is solely responsible
to use the Software’s functionalities to export the Organisation’s Data
before interruption of the Access to the Software. If not, and subject
to Digicoop’s express consent, the Parties may collaborate in order to
ensure handling of the Organisation’s Data at the end or the termination
of the T&Cs.
The Organisation and the Users acknowledge and agree that Digicoop’s
role is that of a technical provider of digital services, so that
Digicoop’s liability is strictly limited to the provision of the
Software and according to the terms of the T&Cs.
In particular, it is expressly agreed between the Parties that:
the Software is provided “as is” and that Digicoop does not offer
any guarantee regarding its compatibility with the Organisation’s
computer systems, the use made of them by the Users, and more
generally, that the access, use and functioning of the Software will
not be interrupted, blocked or without error.
Digicoop cannot be held liable for any difficulty in the access and
the use of the Software due to elements beyond its control, such as
disruptions of the internet network, the Organisation’s behaviour or
troubles in the functioning of the Organisation’s computer systems.
Digicoop is not subject to any duty to advise the Organisation or
the Users regarding the choices performed in the use of the
Software.
Digicoop is a host according to the 2004-575 French act for
confidence in the digital economy and has no liability whatsoever as
to the Organisation’s Data, which are under the sole responsibility
of the Organisation and / or the Users who upload and use it in the
Software.
Digicoop has no liability as to the integration and use of
Third-Party Services, which are operated by third-party companies
and the use of which is under the sole liability of the Organisation
and the Users.
Digicoop has no liability as to third-party websites towards which
certain links appearing in the Software may redirect to, those
websites not being under the control of Digicoop and Digicoop not
being liable for the contents appearing on it.
In any event, in case where the liability of Digicoop may be
demonstrated, for any reason and under any legal ground invoked or held,
for all types of damages combined or cumulated, Digicoop’s liability
will be expressly limited and will not exceed 80% of the total amount
paid by the Organisation to Digicoop for the annual period of the
ongoing Subscription.
If one year has not elapsed, the total amount for the calculation of the
liability cap shall be calculated according to the duration elapsed
since the purchase of the Subscription (e.g. if a 9-month delay has
elapsed starting from the purchase of the Subscription, Digicoop’s
liability shall be expressly limited and shall not exceed 80% of the
total amount paid by the Organisation for the past 9 months).
The Organisation guarantees the proper execution of the T&Cs by the
Users and guarantees Digicoop, in the context of an obligation of
result, compliance, by the Users, with all provisions of the T&Cs.
The Organisations acknowledges and agrees that it is solely liable for
the use of the Accounts, the Software and the API by the Users or any
third-party. In this respect, the Organisation accepts and undertakes to
bear all the consequences, including financial, legal or material which
may stem from their use of the Software and acknowledges and agrees that
it cannot invoked the User’s liability in order to evade of its own
liability in the context of the access and the use of the Software.
Personal data of the Users of the Software for which Digicoop is a
controller under regulations applicable to the protection of personal
data are processed according to Digicoop’s privacy policy available at
the following address :
https://sqlify.me/privacy.
Personal data contained in the Organisation’s Data for which Digicoop is
a processor under regulations applicable to the protection of personal
data are subject to the data protection agreement available at the
following address :
https://sqlify.me/privacy/dpa.
The Software, the API and each element of it, in particular but not
limited to, the brand “Kantree” registered at the French National
Institute for Intellectual Property, the Software, the documentation
related to the Software and the API, the sequences of functionalities of
the Software, the structures, the computer code, the contents of any
nature (texts, images, visuals, logos, brands…) operated by Digicoop are
protected by all applicable intellectual property rights.
The Organisation and the Users acknowledge and agree that the Software,
the API and each element of it, including the associated intellectual
property rights, are the exclusive property of Digicoop. Any
reproduction or representation, in part or in full, of the Software, the
API and each element of it, without the express authorization of
Digicoop, is strictly forbidden. The T&Cs do not operate any transfer of
intellectual property rights to the benefit of the Organisation, the
User or a third-party.
In particular, the Organisation acknowledges that Digicoop is the sole
creator of the Software and the sole owner of the author rights on the
Software and the API. Access and use of the Software by the Users does
not involve any transfer of intellectual property rights, nor any
licence to use the Software, the access and the use of which being
strictly limited to the provisions of the T&Cs.
The Organisation and the Users must not, unless with the prior and
written approval of Digicoop, use, reproduce, adapt, modify, create
derivative works, distribute, concede a licence on, sell, transfer,
present publicly, transmit, broadcast or exploit in any manner the
Software, the API or each element of it.
If any provision of the T&Cs is held invalid or void by a modification
of legislation, regulation or by a court decision, the remainder of the
T&Cs will not be affected thereby as well as the duty to comply with the
T&Cs.
Unless otherwise agreed expressed by any means (e.g. by email), Digicoop
and the Organisation agree to mention the broad lines of their
partnership on any means of communication, in particular commercial
medium and their websites. The Organisation expressly authorizes
Digicoop to use the logo of the Organisation in order to enable Digicoop
to present its services.
The Organisation may not assign or transfer the T&Cs to a third party
without the prior written consent of Digicoop.
In the event of (i) a merger by formation of a new company,
contribution, partial contribution of assets, merger by acquisition,
asset spin-off, or any other operation entailing a universal transfer of
Digicoop’ assets or (ii) any operation entailing a direct or indirect
change of control affecting Digicoop, the contractual relations will
persist without it being necessary to inform or obtain the consent of
the Organisation .
The failure of either Party to demand strict performance of any of the
terms of the T&Cs, permanently or temporarily, may not be understood as
a renunciation of the right to assert any of such terms.
The T&Cs are written in French, sole language of reference in case of a
dispute. Should these T&Cs be translated, it is expressly agreed between
the Parties that such translation is of pure convenience and has no
legal effect, in particular as to the interpretation of the T&Cs or the
common intention of the Parties.
The T&Cs are governed by and interpreted according to French laws.
Any conflict or dispute related to the validity, the interpretation,
performance, and/or termination of the T&Cs must be submitted to the
exclusive jurisdiction of the Commercial Court of Paris, France.