The website https://packetai.co/ (the “Site”) is edited by PACKETAI, a French company incorporated under the laws of France, with a share capital of 12.554 Euros, registered in the Créteil Trade and Companies Register under number 844 864 504, having its registered office at 5 AV DU GENERAL DE GAULLE 94160 SAINT-MANDE.
Your use of the Site is subject to these terms and conditions, which defines the rules to access, use and navigate on the Site. Additional terms and conditions may apply if you use the Site to access and use PACKETAI’s SaaS software (the “Solution”).
By accessing and using the public part of the Site, you unreservedly accept the application of these terms and conditions. If you create an user account (see article 1 below), your access and use of the Solution is also subject to your express acceptance of these terms and conditions, by opting in the relevant checkbox. If you do not read, understand and/or accept these terms and conditions, you must immediately leave the Site and avoid or stop using the Solution.
Article 1. User account
In order to use and access certain sections and features of the Site, your company must first register and create “User Accounts” with PACKETAI. You will receive an access link and you will have to create your User Account and its credentials, either as your company’s admin or under the control and liability of your company’s User Account with admin privileges. As indicated above, your access and use of this User Account is subject to your acceptance of the terms and conditions of the Site by ticking in the appropriate checkbox.
If a third party accesses your User Account and/or its settings, that person will be able to do everything you can do, including entering into any contract, and accept any legal conditions arising therefrom, make representations and warranties, among others, and all such actions will be deemed to have been performed on your behalf and in your name, or on the behalf and in the name of your company.
Therefore, we strongly recommend that you maintain the confidentiality of your User Account credentials, and do not allow access to other persons, as you will be fully responsible for all actions performed through your User Account (including all representations, warranties and agreements relating thereto), whether or not expressly authorized by you, and for any and all damages, costs or losses that may result from such actions.
In the event of a dispute regarding the ownership of an User Account, we reserve the right to determine ownership of the User Account based on our informed judgment and/or to suspend an User Account until the parties have reached a resolution of the ownership dispute, without liability to you or any other party. We may ask you for documents that may enable us to determine ownership.
You undertake to refrain from collecting and/or using login data and/or passwords for the Site and other websites, third parties, software or services.
Article 2. Content protection
The Site and each of the elements that make it up (such as texts, decision trees, software, animations, photographs, illustrations, images, diagrams, soundtracks, texts, logos, trademarks, designs and models), including the software elements necessary for the operation of the Site, databases and newsletter (hereinafter the “Content”) may contain confidential information and data protected by intellectual property law or any other applicable law. Thus, unless otherwise stated on the Site, the intellectual property rights on the Content are the exclusive property of PACKETAI, which does not grant you any license or any other right other than that the right to consult the Site.
The reproduction of all or part of the Content is authorized solely for information purposes for personal and private use, any reproduction and any use of copies of the Content made for other purposes, in any manner and in any form whatsoever, being expressly prohibited.
You undertake and agree not to copy, modify, reuse, create derivative works, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Site, the Solution (or any part thereof) or any Content and/or any part thereof, or publicly display, perform, transmit or distribute any of the foregoing without PACKETAI’s specific prior written authorization and/or without being expressly authorized under these terms and conditions of use of the Site. Likewise, you agree not to purchase keywords from a search engine or pay-per-click service (such as Google AdWords) or domain names that use trademarks, variants, or spelling identical or similar to the Site, the Content and the Solution.
Article 3. Browsing on the Site
3.1. Access to and use of the Site
You are solely responsible for the hardware, software and Internet connection required in order to access and use the Site. Likewise, you must use the Site for lawful purposes and, when and if applicable, provide accurate, truthful, updated and bug-free data.
PACKETAI reserves the right, at its sole discretion, to suspend or terminate access to all or part of the Site, its content, products or services offered on the Site, without prior notice and without any compensation. It is strictly forbidden to modify the software elements of the Site in order to obtain unauthorized access to the Site.
3.2. Hyperlinks
The Site may contain links to other sites or other Internet sources. Insofar as PACKETAI cannot control these sites and these external sources, PACKETAI cannot be held responsible for the content, advertising, products, services or any other element available on these sites or external sources. In addition, PACKETAI cannot be held responsible for any damages (actual or alleged) resulting directly or indirectly from the use of the content, goods or services available on these sites or external sources.
3.3. Restrictions of use
At all times, you must refrain from (i) uploading to the Site or otherwise transmitting anything that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ii) disrupting or interrupting the Site, servers or networks connected to the Site or violating any requirements, procedures, rules or regulations relating to the Site; (iii) any attempt to interfere with the Site, in particular by exposing the Site to a virus, by causing an overload of bandwidth or server (whether unintended or through a distributed denial of service), by sending “spam” or by overloading the services provided on the Site; (iv) consulting information that is not intended for you or accessing a server or account that you are not authorized to access; (v) any attempt to evaluate, note or test the vulnerability of the Site, or violate the security or authentication measures of the Site without the prior written consent of PACKETAI; (vi) engaging in any illegal activity or any other activity that may prejudice the rights of PACKETAI, its suppliers, service providers, retailers, advertisers or other persons, and refrain from inciting third parties to do so; (vii) uploading to the Site or otherwise make available by any means unsolicited or unauthorized advertising or promotional materials, “junk mail”, “spam”, “chain letters” or any other form of solicitation; (viii) uploading to the Site or otherwise make available by any means any content that is unlawful, harmful, defamatory, libellous, offensive, racist, vulgar, obscene, threatening, immoral, invasive of another’s privacy, racially or ethnically objectionable or otherwise objectionable.
You agree to refrain from using a “robot”, “spider” or other similar or equivalent device, program, script, algorithm, automatic methodology or any similar or equivalent manual process to access, acquire, copy or monitor any part of the Site, the Solution (or its data and/or Content as defined above), or reproduce or hijack the navigational structure or presentation of the Solution in order to obtain or attempt to obtain information, documents, services or materials in a manner not made available through the Solution.
You agree to comply with all applicable laws, rules and procedures regarding online user behaviour and the transmission of technical data. PACKETAI may terminate your right to access the Site at any time if you do not comply with your obligations under these terms and conditions, without prejudice to PACKETAI’s right to claim damages.
Article 4. Personal data
Your personal data are collected by PACKETAI and are processed automatically and electronically for the purposes of providing you with access and use of the Site, directly when you are using the Site or indirectly when your employer gives you access to an User Account.
- When using your User Account, we collect and process your user credentials and activity logs in the name and on behalf of your employer, as well as for security purposes. Your personal data will be kept by PACKETAI as long as you use the User Account, and will be archived separately by PACKETAI afterwards (at least 6 months for logs, and up to the applicable statutes of limitation otherwise). Please note your employer may keep them for separate time periods.
- When simply browsing the Site’s areas opened to public, we collect and process your IP address and activity metrics and browsing history on the Site in order to ensure its security and to provide you and other web users with improvements and updates of the user experience of the Site. Your personal data will be kept up to 6 months after your visit on the Site.
Any and all personal data collected and processed in relation with the Site are hosted in AWS (EU-West-3) Datacenter in Paris and are not transferred outside of the European Union. Any transfer outside of the European Union will be protected by the safeguards listed under article 46 of the General Data Protection Regulations of 27 April 2016 (“GDPR”).
In accordance with the French Data Protection Act of 6 January 1978 as amended and the GDPR, you have the right to access, rectify and delete your personal data, as well as the right to limit the processing, the right to object to the processing or the right to the portability of your personal data. Where the legal basis for the processing of personal data is consent, you have the right to withdraw your consent at any time by contacting PACKETAI at contact@packetai.co. You also have the right to define general and specific guidelines defining how you intend to exercise these rights after your death. You may exercise your rights by e-mail at the following address: contact@packetai.co. Finally, you have the right to make a complaint to the Commission Nationale Informatique et Libertés (CNIL).
Article 5. Cookies
When you access and use the Site, cookies are installed on the device you are using to browse our Site. These cookies are either (i) necessary to provide you with access and use of the Solution and of the Site features (the “necessary cookies”) or (ii) used to measure the visits on the Site in order to improve your user experience of the Site (the “Google Analytics cookies”). You may accept or refuse the Google Analytics cookies by opting in or out in the dedicated insert provided on the cookie banner upon your first visit to the Site.
A cookie is a text file uploaded on a device when browsing the Site. Its purpose is to collect information relating to your browsing on the Site and to provide you with the Solution, the Site features and/or a better customer experience on either. Some cookies are temporary in nature and limited to a browsing session; they are all deleted when you close the browser window. Some cookies remain on your device after closing the session of your browser for a certain time period, during which they will be activated each time you go back to browsing the Site.
The necessary cookies and the Google Analytics cookies have different purposes.
- Necessary cookies are necessary for the operation of the Site and allow the User to use the features of the Site. Without these cookies, you cannot use the Site normally. These cookies do not have any monitoring or marketing purposes. They allow to adapt the provision of the Site to the display preferences of your devices (language, resolution, operating system, etc.), store information typed in forms you fill out and offer you access to your User Account.
- Google Analytics cookies are cookies used to measure the audience of the Site. They generate statistics about the frequentation and use of the Site, which enable PACKETAI to improve the running, interest points and ergonomics of the Site.
At the time of your first connection, you are informed that the PACKETAI and any other identified third party may deposit cookies via the Site. The issue and use of Google Analytics cookies is subject to the privacy policies of Google in addition to the provisions of these terms and conditions of use. Accordingly, you are invited to visit the websites of Google for more information on the cookies they store and how you can manage them.
Necessary cookies are uploaded and activated on your device by default and cannot be deactivated by the user, being essential to the functioning of the Site. On the other hand, you can deactivate or activate the Google Analytics cookies by giving, denying or withdrawing your consent via the information banner or on the related cookie settings. By clicking on “Accept” or opting in on the Google Analytics cookies, you give your consent to the uploading and running of the Google Analytics cookies on your device.
If you consent to Google Analytics cookies, they will be stored temporarily in a dedicated area of your device. They will be readable there only by their sender. The consent given by the user is only valid for a period of thirteen (13) months from the first uploading on the user’s device. You may withdraw your consent for Google Analytics cookies or remove all Site-related cookies at any time by emptying the dedicated cache on your browser. In this event, PACKETAI declines any and all liability if your use of the Site is downgraded or impossible as a result of your removal of necessary cookies.
Article 6. Liability
PACKETAI strives to ensure to the best of its ability the accuracy and updating of the information on the Site. However, PACKETAI cannot guarantee the accuracy, precision or completeness of the information made available to you on the Site.
PACKETAI provide the Site “as is”, “where is” and “as available”, without warranties of any kind, including any express or implied warranties or conditions of merchantability, fitness for a particular purpose, use of workmanship, non-infringement, or any other warranty – all to the fullest extent permitted by law. Specifically, we do not represent or warrant that the Site (or any part, feature or Content contained therein) are complete and accurate, of a certain quality, reliable and secure, suitable for, or compatible with, your business, devices, operating systems, browsers, software or tools (or that they will remain so), or comply with any law that applies to you (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components.
PACKETAI allows access to the Site free of charge and disclaims any liability (i) for any interruption or downtime of the Site, (ii) in the event of occurrence of bugs, display or downloading errors, (iii) for any inaccuracies or omissions in the Content available on the Site, (iv) for any damage resulting from fraudulent intrusion by a third party and (v) more generally for all direct and indirect damage, whatever the causes or consequences, that may occur following access to the Site and resulting from any information coming directly or indirectly from the Site, to the fullest extent permitted by law.
You acknowledge and agree that these limitations of liability represent an agreement on the risks inherent to the use of the Site provided to you.
Article 7. Applicable law and competent jurisdiction
These terms and conditions are governed by French law. Any dispute concerning the Content and the use of the Site shall be subject to the exclusive jurisdiction of the competent court within the jurisdiction of the Court of Appeal of Paris.