General terms and condition of use

Welcome to the website mySPHEREA.com (hereinafter "the Website"), which is SPHEREA Test & Services (hereinafter "SPHEREA") property.

Article 1 : IDENTIFICATION

The Website editor is SPHEREA Test & Services
A company under French law (“Société par actions simplifiée”) registered under the number 428 610 398 R.C.S Toulouse, whose registered office is at
109 avenue du Général Eisenhower
CS42326,
31023 TOULOUSE CEDEX 1, FRANCE.

Tel: +33(0)5 34 55 40 00
Fax: +33(0)5 34 55 40 56

Intra Community VAT : FR79428610398

The Website is hosted by SYSTONIC, a company under French law (“Société par actions simplifiée”) registered under the number 349 386 342 R.C.S Bordeaux, whose registered office is at
Bat Canopée,
10 rue Thomas Edison,
33 600 PESSAC, FRANCE.

Article 2 : PURPOSE

The following general terms and conditions of use (hereinafter "GTCU") define the conditions under which SPHEREA provides users (hereinafter “Users”) with access to the Website. By using the Website, Users acknowledge that they have read, understood, and accepted, without limitation or reservation, these GTCU.

Article 3 : ACCESS TO THE WEBSITE

Access to the Website is provided through a personal account created for each client accordingly to the contractual terms between SPHEREA and the client. Once the client account set, access rights are assigned to the client account to make available to them the services provided for in their contract (hereinafter “Contract”) or purchase order (hereinafter “PO”) with SPHEREA.
The Website is not open to the public.

Article 4 : DESCRIPTION OF THE WEBSITE

The Website is a distribution platform allowing Users to download software updates for their test bench, Test Program Set (hereinafter “TPS”) and documentation regarding these updates.
The Website also function as a platform allowing SPHEREA to transfer information regarding the products purchases by Users as:
       • Service Information Letters (hereinafter “SIL”) that notify Users of changes to SPHEREA's product policies
       • Information about Users’ resources obsolescence management

Users can set the frequency at which SPHEREA sends notifications to their mailbox.
The Website allow Users to have access to:
       • SPHEREA training courses
       • Documentation regarding Users’ test bench resources.

Article 5 : USERS' COMMITMENTS

Users are not allowed to transfer or share the information obtained on the Website with any third parties.
Users must maintain the confidentiality of their login credentials and are responsible for any activity under their account.
Users are sole responsible for:
       • Their use of the Website and its content
       • The material and software required to use the Website, including software contamination
       • Any breach of these GTCU.

Article 6 : EDITOR LIABILITY

The content of this Website is provided for information purposes only on the date of its last update. SPHEREA reserves the right to modify, add or delete all or part of this Website and these legal notices at any time without prior notice and without the liability of SPHEREA being called into question by the User. These changes will apply as soon as they are published on the Website. By continuing access or use the Website, the User agrees to be bound automatically by these CTCU and legal notices.

SPHEREA is not bound by any obligation of results concerning the technical accessibility to the Website. SPHEREA shall not be held liable for disruptions and/or any ensuing consequences for the User.

SPHEREA declines all responsibility for the use made of the Website, of its content and/or resulting data loss. SPHEREA cannot be held liable for the contents of external side links.

SPHEREA shall not be held liable for any direct or indirect damages resulting from the use of the Website or the information provided therein, except in cases of gross negligence or willful misconduct on the part of SPHEREA.

SPHEREA makes no warranty or representation regarding the accuracy, completeness, or reliability of the information available on the Website. Users acknowledge and agree that they use the Website and the information at their own risk.

The warranties and obligations granted by SPHEREA to the client under the terms of a current Contract or an accepted PO shall apply without regard to the foregoing.

Article 7 : INTELLECTUAL PROPERTY

All content and elements available on the Website, including but not limited to text, images, graphics, software, and databases, are the exclusive property of SPHEREA and are protected by intellectual property rights. Users are prohibited from reproducing, modifying, distributing, transmitting, displaying, or creating derivative works from any content on the Website without the prior written consent of SPHEREA.
It is therefore forbidden to use or reproduce names such as “SPHEREA Test & Services”, “SPHEREA” or any other single or associated trademark for any reason whatever and for advertising purposes without the prior written consent of SPHEREA.
Any creation of a hypertext link to this Website and any referencing of it are prohibited without first obtaining the express written authorization of SPHEREA.

Article 8 : DISCLAIMER WARRANTY

The Website is accessible 24 hours a day, 7 days a week. SPHEREA undertakes to provide all necessary and reasonable means to ensure continuous access to the Website and to the services provided on the Website, subject to compliance by Users with these GTCU.
SPHEREA will use its best efforts to warn Users in case of technical contingencies and of any resulting interruptions of access (due to maintenance, computer problems, network problems or other technical difficulties) without however committing to a timeframe. Consequently, SPHEREA may not be held liable for any unavailability, slowdowns, suspensions, or difficulties in accessing the services.

Article 9 : DATA PROPERTY

The data, information, projects, studies, and technical documents provided by SPHEREA to Users through the Website remain the property of SPHEREA. Such elements will be returned to SPHEREA upon request and will be treated in confidence by the Users. These documents will not be communicated, reproduced, or used for any other purpose than that for which they were send to the Users, without the prior written consent of SPHEREA.
Only the User will be liable for any consequence of an infringement of the right hereby granted by SPHEREA.

Article 10 : USE OF COOKIES

Browsing the Website may cause cookies to be installed on the User’s computer. A cookie is a small file, which cannot be used to identify the User, but which records information concerning pages visited, viewing time, access provider, search engine, the original link.
Collecting cookies aims to improve the Website’s ergonomics and simplify its access. Data generated by cookies is stored for a limited period.
Below description of the cookies used for the Website:

Name	Purpose	Source of consent	Data retention period
Session’s cookie	User’s authentication	This cookie is necessary to provide the Website to Users	2 000 000 seconds

The User can have further information about cookies by consulting the CNIL site in the cookies section http://www.cnil.fr/vos-traces/les-cookies/ . In accordance with the regulations in force, the User can deactivate the use of statistical cookies by selecting the appropriate settings their browser. However, such deactivation could prevent the use of certain features of this Website.

Article 11 : PROTECTING OF PERSONEL DATADATA PROPERTY

SPHEREA undertakes to comply with the current regulations applicable to the processing of personal data, and particularly the regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 about the processing of personal data entered into force as from May 25th, 2018, hereinafter, GDPR.

In accordance with the GDPR and the “Data Protection Act” dated from January 6th, 1978, modified in 2004, personal information likely to be communicated on the Website by the User is mandatory to process the request and is intended for the use of SPHEREA. Personal information may be communicated to third parties, only to satisfy legal and regulatory rights and obligations.

SPHEREA ensures the respect of the Users’ personal data. This personal data is protected by the implementation of specific measures linked with each identified processing and a security policy at IT level. For more information, the User can read SPHEREA’s Privacy Notice here: [address].

The User can exercise their right to access, modify, oppose, and delete their personal data at no cost. To exercise their rights, the User can send a request to the attention of the data processing officer (hereinafter “DPO”) to the following address: mailto: dpo@spherea.com". The request will be processed in accordance with the GDPR provisions.

Article 12 : TERMINANTION AND SANCTION

These GTCU are entered into as of their acceptance by Users. They shall remain in effect as long as Users keep using the Website.
However, SPHEREA reserves the right to suspend or terminate Users’ access to the Website in the event of a breach of these GTCU or any applicable laws and regulations. SPHEREA may also take legal action against users who violate these GTCU.
Users can terminate GTCU by asking to delet their account through the following email: test.support@spherea.com.

Article 13 : CONTACT

For any request related to the Website, Users can contact SPHEREA through the following email: test.support@spherea.com.

Article 14 : GOVERNING LAW AND JURISDICTION

The Website and its content are created under the French applicable regulations and is subject to French law. The User recognizes the exclusive jurisdiction of the competent courts of Toulouse (France).

PUBLICATION DIRECTOR

Représentant légal : Patrice BELIE