GENERAL CONDITIONS OF USE OF THE CONSOLE

1. Who are we?

We are GARANTME, an SAS registered with the RCS of Bobigny under number 832 523 344, with its registered office located at 9 rue des colonnes, 75002, Paris, France, an insurance intermediary registered with ORIAS under number 17006810.

You can contact us at the following details, especially for any complaints:

Postal Address: 22 rue de la victoire, 75009, Paris, Île de France

Email Address: support@garantme.fr

We do not hold any direct or indirect interest in an insurance company. No insurance company holds a direct or indirect interest in GARANTME. 

We operate as an insurance or reinsurance broker in accordance with the provisions of Articles L521-1 and following of the Insurance Code. 

Civil Liability Insurance: Assurup - Contract No. RCP2009172170 Articles L512-6, R512-14, and A512-14 of the Insurance Code.

2. What do we offer?

We develop and operate software solutions accessible in "Software as a Service" (SaaS) mode through the platform console.garantme.fr (the "Console"), which aims to offer real estate professionals modules including service packs ("professional" or "agile") to simplify their business activities. Details of these services are provided directly on the Console (the "Services").

You can benefit from the Services by subscribing to a monthly subscription (the "Monthly Subscription") or an annual subscription (the "Annual Subscription") (together referred to as the "Subscription").

3. What should you know about our General Terms?

What is the purpose of our General Terms?	Our general terms (the "General Terms") constitute the sole document governing our contractual relationship and define: the terms of use of our Services, our obligations and yours. Where to find our General Terms? You can find them through a direct link at the bottom of the Console.
Where to find our General Terms?	You can find them through a direct link at the bottom of the Console.
How to accept our General Terms?	You accept the General Terms by checking a box in the registration form and placing an order for Services. If you do not accept the entirety of our General Terms, you cannot access the Services. They may be supplemented by specific conditions, which, in the event of a contradiction, take precedence over the General Terms.

4. What other general terms must you accept to use our Services?

All payments made through our Console are managed by the payment service provider indicated on the Console (the "Payment Service Provider").

You contract directly with the Payment Service Provider regarding the implementation of these payments by accepting its general terms through a checkbox on the Console.

If the Payment Service Provider refuses or terminates your subscription, you cannot use our Services anymore.

Conversely, the termination of our contractual relationship leads to the termination of your contract with the Payment Service Provider.

In case of a contradiction between the Payment Service Provider's general terms and our General Terms, the latter prevail.

You expressly authorize us to transmit to the Payment Service Provider all your instructions related to payments made on the Console.

5. What are the conditions for accessing our Services?

• You are:
  • a physical person with full legal capacity,
  • a legal entity acting through a physical person with the necessary power or authorization to contract on your behalf and for your account.

• You are a professional, understood as any natural or legal person acting for purposes within the scope of its commercial, industrial, artisanal, liberal, or agricultural activity, including when acting on behalf of another professional, and you are an active partner of GARANTME in the real estate sector, holding all the authorizations required by applicable law and regulations.

6. How to Subscribe to Our Services?

To subscribe to our Services, you must have received an email from us inviting you to register on the Console. To do so:

• You are part of our GARANTME partner network, and we have invited you spontaneously, or

• You are not part of our GARANTME partner network and have made a request to this effect directly on the Console, in which case we will contact you as soon as possible.

After receiving an email from us inviting you to register on the Console, you must click on the link redirecting you to the Console and fill out the provided form.

You must provide us with all information marked as mandatory.

Registration automatically opens an account in your name (the "Account") that allows you to access our Services using your login credentials and password.

7. How Can Your Users Use Our Services?

Once your Account is created, you can request us to create access for users (the "Users") and configure their access rights.

You are solely responsible for the personal use of the Platform by Users.

8. How to Access Our Services?

You can access our Services by going directly to the Console.

9. What Are Our Services?

• 9.1. Our Services
  You acknowledge:
  • Having become aware of the characteristics and constraints, especially technical ones, of our Services.
  • That the implementation of the Services requires an internet connection and that the quality of the Services depends on this connection, for which we are not responsible.

The Services to which you have subscribed are described on the Console.

You subscribe to our Services in the form of a Subscription for each Service module as provided on the Console, available as either a "professional" or "agile" plan (the "Plan").

We reserve the right to offer any other Service.

Any request to modify the subscribed Services must be submitted to the account manager identified on your Account (the "Account Manager").

Any request to add one or more additional Service modules must be the subject of a new Subscription.

• 9.2. Our Additional Services
  • Maintenance:
    During the term of the Services, you benefit from maintenance, including corrective and evolutionary maintenance. In this context, access to the Console may be limited or suspended for maintenance reasons.
    
    Regarding corrective maintenance, we make our best efforts to provide you with corrective maintenance to address any malfunction or bug identified on the Console.
    
    Regarding evolutionary maintenance, you benefit from evolutionary maintenance during the term of the Services, which we may carry out automatically and without prior notice. This includes improvements to the features of the Console and/or technical installations used within the scope of the Console (aimed at introducing minor or major extensions).
    
    Access to the Console may also be limited or suspended for scheduled maintenance, which may include corrective and/or evolutionary maintenance services.

• • Hosting:
    We ensure, in terms of a best-effort obligation, the hosting of the Console, as well as the data produced and/or entered by/on the Console, on its servers or through a professional hosting provider, and on servers located within the territory of the European Union.

• • Technical Support:
    In case of difficulties encountered when using our Services, you can contact us by email or by phone at the contact details mentioned in the "Who are we?" section or directly with your Account Manager.

10. How Long Do You Subscribe to Our Services?

When subscribing to a Subscription, you benefit from a trial period of 14 calendar days (the "Trial Period") during which you can terminate the Subscription at any time by sending a request to the contact details mentioned in the "Who are we?" section or directly to your Account Manager. After the Trial Period, the Subscription continues under the subscribed conditions and can be terminated under the conditions of the "How to Terminate the Services?" section.

The Annual Subscription begins at the end of the Trial Period for an initial period of 12 months.

The Monthly Subscription begins at the end of the Trial Period for an initial period of 1 month.

It is renewed automatically for successive periods of the same duration as the initial period (with the initial period, the "Periods"), from date to date, unless the Subscription is terminated under the conditions of the "How to Terminate the Services?" section.

11. What Are Our Financial Conditions?

• 11.1. What Are the Prices of Our Services?
  Services can be subscribed to for a fee or free of charge, depending on the features you choose, which are detailed on the Console.
  
  If applicable, the price of the Services to which you have subscribed is indicated on the Console.
  
  Any commenced Period is due in its entirety.
  
  We are free to offer promotional offers or price reductions. Payment is made annually at the beginning/end of the Subscription Period.

• 11.2. What Are the Price Revision Terms of Our Services?
  Our prices are subject to change based on new features that we develop over time. We may revise the prices of our Services, starting from each new Period, as specified in the "How Long Do You Subscribe to Our Services?" section.
  
  We undertake to inform you of the price change in writing, at least 4 months before each new Period in the case of an Annual Subscription.
  
  If you do not accept the new prices, you must terminate the Subscription under the conditions of the "How to Terminate the Services?" section.
  
  You are deemed to have accepted the new prices if you continue to use the Services after they come into effect.

• 11.3. What Are the Billing and Payment Terms?
  We will send you an invoice monthly or per Period, depending on the option chosen on the Console, by any means deemed useful.

Payment of the Subscription is made through the secure online payment service specified on our Console, by credit card or by automatic debit from the start of the Subscription, and then:

• • Annually in the case of an Annual Subscription only, or

  • Monthly.

Payment is implemented through the Payment Service Provider indicated on the Console.

You guarantee that you have the necessary authorizations to use this payment method.

• 11.4. What Are the Consequences of Late or Default Payment?
  • In case of default or late payment, we reserve the right, from the day after the due date indicated on the invoice, to:
  • Immediately suspend the ongoing Services until full payment of all amounts due,
  • Invoice late payment interest equal to 3 times the legal interest rate, based on the amount of unpaid sums at maturity, and a flat-rate indemnity

12. What Are Our Intellectual Property Rights Over the Console and What Are We Allowed to Do in This Regard?

The Console is our property, as well as the software, infrastructure, databases, and content of any kind (text, images, visuals, music, logos, trademarks, etc.) that we operate. They are protected by all applicable intellectual property rights or database producer rights. The license we grant you does not involve any transfer of ownership.

You and the Users are granted a non-exclusive and non-transferable SaaS (Software as a Service) license to use the Console for the duration specified in the "How Long Do You Subscribe to Our Services?" section.

We may use our respective names, trademarks, and logos and refer to our respective Consoles as commercial references during the term of our contractual relationship and for 3 years thereafter.

13. What Are Your Obligations and What Are You Responsible For?

• 13.1. Regarding the Provision of Information
  You agree to provide us with all the necessary information for the subscription and use of the Services.

• 13.2. Regarding Your Account
  You:

• • Guarantee that the information provided in the form is accurate and undertake to update it.

  • Acknowledge that this information constitutes proof of your identity and commits you upon validation.

  • Are responsible for maintaining the confidentiality and security of your username and password. Any access to the Console using them is deemed to have been made by you.

You must immediately contact us at the contact details mentioned in the "Who are we?" section if you find that your Account has been used without your knowledge. You acknowledge that we have the right to take appropriate measures in such cases.

• 13.3. Regarding the Use of the Services
  You are responsible for your use of the Services and any information you share in this context. You are also responsible for the use of the Services and any information shared by Users. You agree that the Services are exclusively used by you and/or the Users, who are subject to the same obligations as you in their use of the Services.
  
  You are prohibited from diverting the Services for purposes other than those for which they were designed, including but not limited to:
  • Engaging in illegal or fraudulent activities.

• • Violating public order and morality.

  • Infringing upon the rights of third parties in any way.

  • Violating contractual, legislative, or regulatory provisions.

  • Engaging in activities that may interfere with a third party's computer system, especially to violate its integrity or security.

  • Performing maneuvers to promote your services and/or websites or those of a third party.

  • Assisting or inciting a third party to commit one or more of the listed acts or activities above.

You are also prohibited from:

• • Copying, modifying, or diverting any element owned by us or any concept we operate as part of the Services.

  • Engaging in behavior that may interfere with or divert our computer systems or violate our computer security measures.

  • Infringing upon our financial, commercial, or moral rights and interests.

  • Commercializing, transferring, or providing access to the Services, the information hosted on the Console, or any element owned by us.

You are responsible for the content of any kind that you disseminate as part of the Services.

You agree that the content you may be required to publish on the Console as part of your dealings with potential tenants on the Console is private and intended to be viewed only by them.

You are prohibited from disseminating any content (this list is not exhaustive) that:

• • Violates public order and morality (pornographic, obscene, indecent, shocking, or unsuitable for a family audience, defamatory, offensive, violent, racist, xenophobic, or revisionist).

  • Infringes upon the rights of third parties (counterfeit content, violation of personality rights, etc.), and, more generally, violates contractual, legislative, or regulatory provisions.

  • Is harmful to third parties in any way.

  • Is false, misleading, or proposes or promotes illegal, fraudulent, or deceptive activities.

  • Is harmful to the computer systems of third parties.

You agree to disseminate and exchange information intended for the management and administration of your real estate activity.

You are responsible for the relationships you may establish with other Console users. You undertake to act with discernment and respect the usual rules of politeness and courtesy in your interactions with other users.

You indemnify us against any claims and/or actions that may be brought against us following the violation of any of your obligations. You will compensate us for any damages suffered and reimburse us for any sums we may have to bear as a result.

14. What Are Our Obligations and What Are We Responsible For?

• 14.1. Regarding the Quality of Our Services

We make our best efforts to provide you with quality Services. To this end, we regularly carry out checks to verify the operation and accessibility of our Services and may thus carry out planned maintenance as specified in the "Maintenance" section.

However, we are not responsible for temporary difficulties or unavailability of access to our Services that are due to:

• • Circumstances beyond our network (including partial or total failure of your servers).

  • Failure of equipment, cabling, services, or networks not included in our Services or not under our responsibility.

  • Interruption of Services due to telecommunications operators or internet service providers.

  • Your intervention, especially through improper configuration applied to the Services.

  • A case of force majeure.

We are responsible for the operation of our servers, with their outer limits being the points of connection.

Furthermore, we do not guarantee that the Services:

• • Subject to constant research for improvement, including performance and progress, will be completely free from errors, defects, or flaws.

  • Being standard and not offered based on your own personal constraints, will specifically meet your needs and expectations.

• 14.2. Regarding the Console's Service Level Guarantee

We make our best efforts to maintain access to the Console 24/7, except in the case of planned maintenance as defined in the "Maintenance" section or force majeure.

• 14.3. Regarding Data Backup on the Console

We make our best efforts to back up all data produced and/or entered by/on the Console.

Unless there are proven faults on our part, we are not responsible for any loss of data during maintenance operations.

• 14.4. Regarding Data Storage and Security

We provide you with sufficient storage capacity for the operation of the Services.
We make our best efforts to ensure data security by implementing measures to protect the infrastructure and the Console, detect and prevent malicious acts, and recover data.

• 14.5. Regarding Content Publication

We act as a hosting provider for the content you put online. Therefore, we are not responsible for this content.

If we receive a notification concerning illegal content, we will promptly take action to remove it or make access impossible, and we may take the measures described in the "What Are the Sanctions in Case of Breach of Your Obligations?" section.

• 14.6. Regarding Facilitating Connections Between Users

We act as a broker in your relationships with other Console users.
Therefore, we cannot be held liable for any disputes arising from your relationships with other users, nor can we be a party to any such disputes.

• 14.7. Regarding Subcontracting and Transfer of Rights and Obligations

We may use subcontractors in the performance of the Services, who are subject to the same obligations as ours in their intervention. However, we remain solely responsible for the proper performance of the Services towards you.

We may substitute any person who will be subrogated to all our rights and obligations under our contractual relationship. We will inform you of this substitution if necessary by any written means.

15. What Are the Limits on Our Liability?

Our liability is limited to the following:

• 15.1. Limitation of Liability
  

  Our liability for any claim, whether in contract, tort, or otherwise, arising out of or in connection with the Services will not exceed the total amount paid by you to us under this Agreement during the 12 months preceding the date of the claim.

• 15.2. Exclusion of Consequential and Related Damages
  

  In no event will we be liable for any indirect, consequential, or special loss or damage, including but not limited to loss of profit, loss of business, or loss of data.

16. What Are the Admissible Means of Proof Between Us?

Proof can be established by any means.

You are informed that messages exchanged through our Console and data collected on the Console and our computer equipment constitute the primary means of proof admitted, particularly to demonstrate the reality of the Services provided and the calculation of their price.

17. How Are Personal Data Processed in Connection with the Services?

• 17.1. What Is Our Policy Regarding the Protection of Your Personal Data?

We have a personal data protection policy accessible here. We invite you to review it.

• 17.2. What Are Our Respective Obligations as Autonomous Data Controllers?
  Each of the parties undertakes to respect, as far as it is concerned, all the legal and regulatory obligations that apply to it in relation to the protection of personal data, including the French Data Protection Act of January 6, 1978, as amended, known as the "Loi Informatique et Libertés," and EU Regulation 2016/679 of the European Parliament and the Council of April 27, 2016 (together, the "Applicable Regulations").

In the context of these provisions, we are each data controllers for the processing of personal data collected from tenants.

Each of the Parties, as a data controller, undertakes:

1. 1. To define the legal basis applicable to the processing within its own scope.

   2. To provide prior information to the data subjects about the processing and transfers carried out, and the purposes.

   3. To deploy, under its exclusive responsibility, appropriate technical and organizational measures to ensure the security, confidentiality, and integrity of the personal data of the other Party, including against the risks of destruction, loss, corruption, diversion, or unauthorized disclosure.

   4. To establish any appropriate procedure to receive and manage requests from data subjects concerning their rights to their personal data.

   5. To establish any appropriate procedure for the detection, alert, and notification of any breaches of personal data.

   6. To deploy appropriate protection within its own subcontractors and tools.

   7. To ensure the supervision of any cross-border flows in accordance with the Applicable Regulations.

   8. To cooperate with each other and provide each other with any useful information or documents to comply with the Applicable Regulations.

   9. To undertake, respectively, (i) to enter into contracts with their subcontractors who collect and process personal data on their behalf, which comply with the Applicable Regulations, and (ii) to ensure that these subcontractors implement appropriate technical and organizational measures to ensure compliance with these treatments with the Applicable Regulations.

18. What Are Our Respective Obligations Regarding Confidentiality?

Unless there is written agreement from the other party, we undertake to keep confidential, during the term of our contractual relationship and for 3 years thereafter, all information expressly identified as confidential that we may have become aware of in connection with the conclusion and performance of our contractual relationship.

This obligation does not extend to information:

• Of which the receiving party was already aware.
• Already public at the time of communication or which would become so without violating this clause.
• Received lawfully from a third party.
• The disclosure of which is required by the judicial authorities, in accordance with laws and regulations or for the purpose of establishing the rights of a party in the context of our contractual relationship.

Confidential information may be transmitted to our employees, collaborators, interns, agents, and respective co-contractors, provided that they are subject to the same confidentiality obligation.

19. Force majeure

We cannot be held responsible for breaches or delays in the performance of our respective contractual obligations due to a force majeure event occurring during our relationship. Force majeure includes:

• Any case meeting the conditions of Article 1218 of the French Civil Code and recognized by case law.

• Strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters, or failures attributable to a third-party telecommunications service provider.

If one of us is prevented from performing its obligations due to force majeure, it must notify the other party by registered letter with acknowledgment of receipt. Obligations are suspended upon receipt of the letter and must be resumed within a reasonable period after the cessation of the force majeure event.

Nevertheless, we remain responsible for the performance of our respective obligations that are not affected by a force majeure event and for any payment obligations.

20. How Can the Services Be Terminated?

The Annual Subscription must be terminated no later than 3 months before the end of the current Period, by:

• You, by sending a request to the contact details mentioned in the "Who are we?" section or directly to your Account Manager.

• Us, by sending you an email.

The Monthly Subscription can be terminated at any time under the same conditions, in which case it ends at the end of the current Period.

You no longer have access to your account from the end of the Services. Any started Period is due in full.

21. What Are the Sanctions in Case of Breach of Your Obligations?

Payment of the price of the Services, as well as the obligations provided for in the "What Are Your Obligations and What Are You Responsible For?" section, constitutes essential obligations.

In the event of a breach of these obligations, we may:

• Suspend or delete your access to the Services.

• Delete any content related to the breach.

• Publish any information message on the Console that we deem useful.

• Send you a registered letter with acknowledgment of receipt to either:

  • Terminate our contractual relationship, with termination taking effect on the date of receipt or first presentation of this letter.

  • Request you to remedy the breach within a maximum period of 15 calendar days. Termination will take effect at the end of this period if the breach is not rectified.

Termination, including the end of the Services during the Trial Period, results in the deletion of your Account.

Notify any competent authority, cooperate with it, and provide it with all relevant information for the investigation and prosecution of illegal or unlawful activities. Initiate any legal action.

These sanctions are without prejudice to any damages we may claim from you.

22. How Can We Amend Our General Conditions?

We may modify our General Conditions at any time and will inform you in writing (including by email) at least 25 days before they take effect.

The amended General Conditions apply upon renewal of your Annual Subscription.

If you do not accept these modifications, you must terminate your Subscription in accordance with the procedures set out in the "How Can the Services Be Terminated?" section.

If you continue to use our Services after the effective date of our amended General Conditions, we consider that you have accepted them.

23. Applicable Law and Competent Jurisdictions

Our General Conditions are governed by French law.

In the event of a dispute between us and in the absence of an amicable agreement within 2 months following the first notification, it will be subject to the exclusive jurisdiction of the courts of Paris, France, unless there are mandatory provisions to the contrary.