Effective Date: July 14, 2021
reBop, a simplified joint stock company (“société par actions simplifiée” as defined by French regulations) registered at the Trade and Companies Register under the number 892 923 731, having a registered office located at 3 rue de Teheran 75008 Paris (“reBop”), has developed a software of which functionalities and features are accessible in SaaS mode at the following address www.rebop.io (the “Platform”) allowing the persons who have registered on the Platform (the “Customer”) to manage digital certificates.
These terms of services (the “Terms of Services”) form a binding agreement between the Customer and reBop, which governs the Customer’s right to access and use the Platform and related services (the “Services”).
The Terms of Services are not intended to limit or supersede any other existing documents such as the Privacy Policy and the Cookies Policy.
For the purposes hereof, the terms and expressions starting with a capital letter shall have the meaning either assigned herein or the meaning indicated below, whether used in the singular or plural:
Registration on the Platform requires accepting these Terms of Services. The acceptance of the Terms of Services is formalized by a checkbox “Yes, I agree with the Terms of services” by the Customer’s user who registers on the Platform and creates an account for the Customer. Clicking this checkbox constitutes proof that the Customer has read and accepted these Terms of Services and that Customer’s user has full power and authority to accept these Terms of Services and commit to the payment of the Fees for the organization identified as the Customer.
reBop may adapt, amend or modify these Terms of Services from time to time.
Any use of the Platform by the Customer after the Terms of Services have been updated is considered as acceptance by the Customer of the new Terms of Services. Such change will be notified to the Customer by any means.
The Terms of Services accessible on the Platform prevail over any previous version.
The Services allow the Customer to:
These main functionalities and features of the Services are described on the following website: www.rebop.io
The Platform is available in Software as a Service (“SaaS”), but can also be provided through an on-premise license. On-premise licenses are subject the execution of a specific on-premise license agreement with reBop.
Documentation on the Platform and Services is available online. reBop may add to or change the Platform and the Services at any time to take into account technological developments, technical requirements, security issues and applicable regulations, or at the discretion of reBop.
It is the Customer’s responsibility to ensure that the Customer’s IT and transmission resources available can be adapted to the Platform’s evolution.
The Customer wishing to subscribe to the Services must provide the information requested through the online form. The Customer certifies the accuracy of the information provided in the form.
The contracting process includes the following steps:
After the Customer completes the subscription process, the Customer can access and make changes to its subscription, e.g. upgrade or downgrade its subscription plan directly in its account by registering on the Platform, using its Login credentials.
The Terms of Services are effective from the moment of the Customer’s acceptance, when the Customer’s account is created until the end of the subscription. The Customer’s subscription to the Services will automatically renew for additional periods equal to one (1) month or a period equal to the Customer’s subscription period.
The Platform allows the Customer to terminate the subscription or downgrade or upgrade the Services by changing the options subscribed to, and to remove additional modules etc., at any time.
Either party may choose not to renew their subscription to the Services. If the Customer does not wish to renew their subscription, the Customer must select the appropriate non-renewal options in their account subscription page. If reBop chooses not to renew the Customer’s subscription, reBop will notify the Customer and terminate their access to the Services at the end of their current subscription period.
Information on termination from the Customer must be received before the invoice is issued for a new period. Upon termination for whatsoever reason, the Services will no longer be available, regardless of whether the Customer has subscribed to the Services on a monthly or annual basis.
reBop will not refund any subscription fee for the remaining time period if the subscription is terminated in the middle of a subscription period. No refunds will be given if the Customer’s subscription to the Services is downgraded.
In the event that the Customer breaches any term of these Terms of Service, and such breach is not rectified within ten (10) days after receiving the notice of breach thereof from reBop, reBop may terminate the subscription in whole or in part immediately upon written notice to the Customer.
reBop will use commercially reasonable efforts to provide technical support for the Services to Customer. The Platform is generally accessible 24 hours a day, 7 days a week.
reBop strives to provide quality access and to allow the Customer to use the Services in the best possible conditions.
Due to the nature and complexity of the Internet and telecommunications network and in particular its technical performance and response times for consulting, querying or transferring data, reBop makes its best efforts, in accordance with the rules of the art, to allow access to and use of the Services. reBop cannot ensure absolute accessibility or availability of the Platform.
The Services are provided at the prices applicable and listed on the reBop website, at the time the Customer subscribes to the Services. reBop has several Service plans, one of which is free of charge.
Prices are in Euros and exclude VAT. The price is paid by means of secure payment by credit card. The amount indicated on the Stripe platform take into account any discount that may be applicable by reBop and corresponds to the total amount due for the Service ordered for the duration chosen.
When choosing the annual subscription, the price is payable in full on the day of the order by the Customer. When choosing the monthly subscription, the price is payable each month on the same date (on the date the Customer subscribed to the Services) by direct debit of the credit card used for payment. The Customer will receive a receipt by email after the payment of the Services.
Customer understands that revised or new fees may be required by changes in reBop’s business or offerings. Any new or revised fees will only become effective on the renewal of the Customer’s subscription period, after Customer prior information.
Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer can request the cancellation of the payment.
reBop will not be obliged to provide the Services ordered by the Customer if the price has not been paid in full beforehand. Payments made by the Customer will only be considered as final once reBop has received the amounts due.
In case of default of payment, reBop will be entitled to request the payment of penalties at the European Central Bank rate, plus 10 percent as well as a fixed compensation for collection costs of €40 and the actual costs in the event of collection costs incurred in excess of this fixed compensation. Without prejudice to a possible action for damages, if within fifteen (15) days following the sending of a reminder, the Customer has not paid the sum due, reBop may suspend or limit access to the Customer’s Services, without being held liable.
In the event of expiry of the credit card used for the initial payment, reBop may terminate the subscription automatically, without notice, and claim payment due until termination from the Customer, by any means.
reBop undertakes to alert and warn the Customer of any error or security problem, or event reBop may be aware of which have an impact on the Services.
reBop only checks the compatibility of the Documents uploaded on the Platform. reBop never checks the content, quality, form, legality and validity of the Documents uploaded and gives no guarantee in this respect which remain at all times the Customer full responsibility.
Customer agrees to pay any amount due to reBop in compliance with the payment terms and to:
The Customer shall ensure it has adequate and up-to-date computer equipment and software to ensure the proper quality of the Documents uploaded, shared and/or stored on the Platform.
reBop holds the necessary rights to grant the Customer the right to use and access the Platform and the Services.
All elements of the Platform and the Services made available to the Customer, the documentation and any other information made available by reBop to the Customer are and remain the exclusive property of reBop or its partners and providers. Consequently, the Customer shall refrain from any action which may directly or indirectly infringe the intellectual property rights of reBop or of any third party.
For the duration of the subscription, reBop grants to the Customer a personal, non-exclusive, non-transferable right to access and use the Platform and the Services, solely for his/her own internal business purposes and only for use within the scope specified herein. There are no implied licenses granted to the Platform and the Services, all rights not expressly granted in this Section are retained by reBop.
Thus, the Customer shall not:
In case the Customer uploads or shares feedback, suggestions, ideas or other information or material (the “Content”) with reBop, the Customer automatically grants reBop a worldwide, non-exclusive, and non-transferable license to use its Content. It can be used for marketing or any other purposes at reBop’s sole discretion. The Customer will not be entitled to, and hereby waives any claim for, acknowledgment or compensation based on any Content used or modified by reBop.
Each of the Parties reciprocally undertakes to comply with the regulations in force regarding personal data; and in particular Regulation n°2016/679 (EU) of 27 April 2016 known as the General Data Protection Regulation, the Data Protection Act of 6 January 1978 in its updated version (the “Data Privacy Regulation”).
The provision of the Platform and Services implies the processing of the individuals’ Personal Data appearing on the digital certificates processed by reBop on behalf of the Customer. Appendix 1 of these Terms of Services describes the Parties’ obligations in this respect as well as the characteristics of the data processing.
Each of the Parties undertakes to treat all information, documents, data or concepts, communicated as such by reBop or a third party and relating to the Platform or the Services and the discussions relating thereto (the "Confidential Information"), of which the Customer may become aware of in the context of the Terms of Services as being confidential, and not to communicate the Confidential Information to third parties without the express written consent of the other Party.
Consequently, the Customer shall refrain, for the duration of the Terms of Services and for three (3) years after its expiry, provided that the Confidential Information has not become public, from disclosing it in any capacity, in any form and to any person or entity whatsoever.
reBop cannot be held responsible for the quality of the Platform and the Services, nor for disturbances or damage inherent in the hosting servers, the Internet or communication networks, nor for the modification, deletion or interruption of the Services or access to the Platform, for any disruption or lack of ability to use the Platform, for breaches of computer security, the lack of ability to access the Platform due to attacks or hacking, deletion or banning, whether temporary or permanent, and for whatever reason, including breakdowns or unavailability of the hosting servers, access to the Internet or communication networks, or a malfunction, unavailability of access, misuse, poor configuration of the Customer’s devices.
reBop’s commitments herein are provided under an obligation of means and limited to the responsibility to provide a technical service enabling the Customer to manage electronic certificates which will materially conform with its Documentation. In no event shall reBop be liable for failure to renew or verify the validity of any electronic certificate managed through the Services.
reBop shall not be liable for any illicit, fraudulent or abusive use or non-professional use of the Platform or due to a voluntary or involuntary disclosure unintentional disclosure of the Login credentials.
reBop shall not be liable for any damage suffered by the Customer or a third party resulting directly or indirectly from the Customer’s or a third party’s failure to comply with any of their obligations, herein, from use of the Services for purposes other than those for which they are intended or from negligence. The liability of reBop shall be limited to direct damages to the exclusion of any indirect damages of any nature whatsoever, such as loss of opportunity, loss of data, loss of profit or loss of business, damage to image or reputation.
In any event, the total amount of damages due by reBop shall not exceed 100% of the total amount of fees actually paid to reBop during the twelve (12) months preceding the event giving rise to the claim. Any claim against reBop must be notified within twelve (12) months following the event giving rise to the claim.
The foregoing limitations of liability shall not deprive either party of its essential obligation, shall be consistent with the terms of the Terms of Services and have been discussed in good faith.
The Platform may provide links that allow the Customers to leave the Platform and/or access third party websites. The linked sites in many cases are not under the control of reBop and reBop is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. reBop is not responsible for webcasting or any other form of transmission received from any linked site. reBop provides these links only as a convenience, and the inclusion of any link does not imply endorsement by reBop of the site.
reBop uses its best efforts, in accordance with the state of the art / industry standards, to secure the Platform according to the risk incurred and the nature of the data processed. However, reBop shall only be liable in this respect in the event of a proven fault attributable to reBop.
The Customer shall not:
Any access to a prohibited area will be considered as fraudulent access according to the provisions of the French Criminal Code. The Customer undertakes to consider that all data of which it becomes aware during such access to an unauthorized area is confidential data and therefore undertakes not to disclose it.
The Customer accepts the characteristics and limits of the Internet and electronic and mobile communications networks. The Customer is aware that the data circulating on the Internet and electronic and mobile communications networks are not necessarily secured, in particular against possible misappropriation.
The Customer shall take the appropriate measures to ensure the security of its own data and/or software including from contamination by possible viruses or malware or data loss.
Each of the Parties declares that they have taken out an insurance policy, with a solvent insurance company, for the consequences of their professional civil liability, as a result of any damage arising from the performance of the Terms of Services and more generally from their activities. They each undertake to maintain this policy in force for the entire duration of the Terms of Services and undertake to be able to justify it to the other Party on request.
The Customer maintains the option to download all the Documents uploaded on the Platform by clicking on the “Export All” button. Therefore, at the end of the contractual relationship, for whatever reason, it is the Customer’s responsibility to check that it has downloaded all its Documents before closing its account or not renewing the subscription to the Services. Once the Customer’s account is closed, reBop deletes all its Data and Documents embedded in the Platform.
Subcontracting. The Customer acknowledges and accepts that reBop has recourse to subcontractors to enable it to meet some of its obligations under this Terms of Services.
Assignment. The Customer shall not transfer the Terms of Services and/or any rights and obligations arising therefrom to a third party by any means and for any reason whatsoever, except with the prior written consent of reBop, including in the event of a direct or indirect change of control as defined in Article L. 233-3 of the French Commercial Code.
Promotion - Commercial Reference. reBop is expressly authorized by the Customer to use and/or reproduce the Customer’s identification elements (e.g. logo, trademarks) and/or the group to which it belongs, as a commercial reference on any medium or on any occasion for marketing, commercial or advertising purposes. For any other communication (e.g. press release), the communication project shall be submitted for the Customer’s written consent prior to its distribution.
Force majeure. Neither Party may be considered in default under the terms of the Terms of Services if the performance of its obligations, in whole or in part, is delayed or prevented as a result of a situation of force majeure as defined in Article 1218 of the French Civil Code, it being specified that a temporary impediment caused by a situation of force majeure is an impediment that lasts for a period of thirty (30) days as of the occurrence of the event at the root of the force majeure. Beyond this period of thirty (30) days, the impediment being definitive within the meaning of Article 1218 of the Civil Code, the Terms of Services may be automatically terminated.
Entire agreement. The Terms of Services constitutes the entire agreement between the Parties. It supersedes all prior written or oral negotiations, statements, representations or agreements relating to its subject matter between the Parties. reBop reserves the right to modify and update certain provisions, schedules or appendices with reasonable notice. The Customer will be notified by any means.
Invalidity. The nullity, unenforceability or, more generally, the lack of effect of any of the provisions of the Terms of Services shall not affect the remainder of the Terms of Services and the Terms of Services shall be performed as if this provision had never existed, provided, however, that this does not jeopardize the existence or balance of the Terms of Services and that the provision in question was not a determining condition of the consent of a Party. In addition, the Parties agree to replace, to the extent possible, any invalid provision with a valid provision having the same effect and reflecting, as far as possible, their initial intention.
Non-waiver. Unless otherwise provided for herein, no delay or failure by either party to exercise any right under this Agreement, shall constitute a waiver of that or any other right.
Applicable law and jurisdiction. The Terms of Services are governed by French law. All disputes to which it may give rise, or which may arise as a result or consequence thereof, shall be subject, failing an amicable agreement between the Parties materialized by the execution of a settlement agreement within thirty (30) days following notification by one of the Parties of the dispute describing the dispute and referring to the present provision, to the exclusive jurisdiction of the Commercial Court of PARIS.
For the purpose of this Appendix, the terms “Personal Data”, “Processing”, “Data Subject”, “Data Controller”, “Data Processor” and “Personal Data Subject” have the meaning given by the Data Privacy Regulation.
The Processing carried out by reBop as a Processor is described in this appendix. The Parties expressly agree that reBop only acts in accordance with the Customer’s instructions and orders, it is therefore the Customer’s Data Processor under Data Privacy Regulation for the supply of the access to the Platform and the related Services.
Therefore, in accordance with Data Privacy Regulation, reBop when acting as a Data Processor, shall:
Subject-matter of the Processing: Use of the Platform and Services
Duration of Processing: The duration of the Processing corresponds to the duration of the Terms of Services. In any case, the Personal Data will be deleted at the end of the Agreement.
Nature of Processing:
Purposes of the Processing:
Categories of Personal Data:
Categories of sensitive Personal Data: N/A
Categories of Data Subjects: Owner/person who appears in the digital certificate
Subprocessors
| Subprocessors | Location | Warranty | Description of services |
| Amazon Web Services, Inc. | USA | Standard Contractual Clauses | Hosting of the Platform and the digital certificates |
| Google, Inc. | USA | Standard Contractual Clauses | Hosting of the user authentification system |
| Netlify, Inc. | USA | Standard Contractual Clauses | Hosting of the public website |
| Stripe | Ireland | N/A | Payment solution |