Terms of Use
ARTICLE I. DEFINITIONS
Terms used in the singular or plural in the body of these General Terms of Use beginning with a capital letter have the meaning given to them below:
Application: refers to the application developed by Stoïk and available at the following address: https://app.stoik.io. The Application is intended to carry out vulnerability checks on the technological data of Companies, to draw up a report on the vulnerability of the Company and to offer it, under certain conditions, to take out an insurance policy;
GTU: refers to the present General Terms of Use concluded between the User and Stoïk;
Company: refers to the legal entity for which the vulnerability scan was performed;
Personal Space: refers to the virtual space allocated to the User at the time of registration and accessible by entering his/her Personal Identifiers on the Application. The Personal Space allows access to all the Application's functionalities offered to the User;
Functionalities: refers to all the functionalities of the Application offered to the User, such as, in particular, the technological data vulnerability scan, the data vulnerability report, the data leakage report, the mapping of the User's network infrastructure and their vulnerability, the personalised list of actions to be taken to reduce the risk of vulnerability, the subscription to the insurance contract drawn up through Stoïk and the archiving of the corresponding summary form;
Personal Identifiers: refers to the data necessary for the creation and accessibility by the User of his Personal Space, i.e. a professional e-mail address and a password;
Parties: refers to Stoïk and the User;
Services: refers to all the features and services offered by Stoïk via the Application and the Site;
Site: shall designate the Stoïk Internet site accessible at the following address: https://www.stoik.io;
Stoïk: refers to Stoïk, a simplified joint stock company with a capital of 58,744.60 euros, having its registered office at 4 rue Euler - 75008 Paris, registered in the Paris Trade and Companies Register under number 900 293 887. Stoïk is acting as creator, publisher and developer of the Site and the Application and as a provider of Services;
User: means any legal representative or employee of the Company using the Services.
ARTICLE II. LEGAL NOTICES
2.1 Legal notice relating to the Site
The Site is edited by Stoïk.
The Director of the publication is Jules Veyrat.
It is furthermore specified that the Site is hosted by Webflow, a one-person simplified joint stock company with a capital of 500 euros, having its registered office at 84 B avenue de Fontainebleau - 94270 Le Kremlin-Bicêtre, registered in the Créteil Trade and Companies Register under number 882 001 472.
2.2 Legal notice concerning the Application
The Application is edited by Stoïk.
The Director of the publication is Jules Veyrat.
The Application is hosted by Netlify and Google.
2.3 Databases
Furthermore, Stoïk is a producer of databases under Article L.343.1 et seq. of the French Intellectual Property Code. The databases established by Stoïk are protected by copyright and by the law of 1er July 1998 transposing the European directive of 11 March 1996 on the legal protection of databases into the Intellectual Property Code.
It is specified that the servers of the databases produced by Stoïk as well as its infrastructure are hosted by Amazon Web Services (AWS), Google Cloud platform (Frankfurt EU-WEST-3 servers) in the EU.
ARTICLE III. PURPOSE
Stoïk offers an application for company managers, particularly small and medium-sized enterprises (SMEs), which combines security software and cyber insurance.
The purpose of the Application is to identify, in a simple and automated way, all the vulnerabilities of a given company's technological data and to propose an insurance contract. The latter is intended to protect the company against possible cyber attacks.
The purpose of these GTU is to define the terms and conditions of use of the Services, as well as the rights and obligations of the Parties in this context.
The GTU are accessible and printable at any time, by means of a link located on the Site, allowing them to be displayed on a separate web page. The GTU are also available on the Application when the User registers.
They may be supplemented, if necessary, by special conditions related to certain Services. In the event of contradiction, the special conditions shall prevail over the GTU.
These GTU may be subject to subsequent modifications. The version applicable to the User is the one in force on the Site and on the Application at the date of use of the Services.
ARTICLE IV. SCOPE AND ACCEPTANCE
Access to and use of the Site and the Application are subject to compliance with these GTU. Consequently, any access to and/or use of the Site, the Application and more generally of all the Services, imply compliance with all the terms of these TOU and their unconditional acceptance.
All Users are deemed to have accepted these GTU when they register on the Application. These GTU are available on the homepage of the Site via the hypertext link "GTU" or on the Application via the hypertext link "General Terms of Use", available at the time of registration. Acceptance of these GTU by the User is evidenced by a checkbox entitled “By registering, I accept Stoïk’s General Terms of Use and Privacy Policy available on the registration page of the Application”.
These GTU are concluded between the User and Stoïk for an indefinite period.
ARTICLE V. APPLICATION SERVICES
5.1. Registration on the Application
Creating a Personal Space
The Application is a web-based application accessible through an internet connection and a web browser. The use of the Application does not require any download or installation on any device whatsoever. The Application runs on any operating system and is suitable for any computer device, including, but not limited to, computers, mobiles and tablets.
Registration on the Application by a User is compulsory in order to be able to access his/her Personal Space and use the Services. It is done by filling in a professional e-mail address and by defining a password.
The Personal Space is strictly personal. The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf.
The User is deemed to be authorised to act on behalf of his Company, for strictly professional purposes and uses.
Stoïk reserves the right to suspend, restrict, refuse or revoke access to the User's account and the Application at any time and for any reason whatsoever.
Closure of the Personal Space by the User
The User may, at any time and at no cost, close his or her Personal Space by clicking on the "Delete" button available in the "Settings" menu in the Application.
Closure of the User's Personal Space by Stoïk
Stoïk may, at its sole discretion, close the User's Personal Space, provided that it informs the User of this in advance by email, stating the reason for its decision. If the User has taken out an insurance contract via the Application, the closure of the Personal Space will be carried out in accordance with the procedures defined in article X of the GTU.
Privacy Policy of the Personal Space
In accordance with article 6.3 of the GTU, the User is responsible for the confidentiality and security of his Personal Identifiers allowing his authentication on the Application.
5.2 Launch of the technology data vulnerability scan
When the User registers on the Application, the vulnerability scan of the Company's technological data is automatically launched via a remote procedure call on the Application's servers.
The average duration of a technology data vulnerability scan is four (4) hours. The scan is based on the Company's publicly available databases, such as passwords, emails and Internet Protocol (IP) addresses of its employees.
The scan does not prevent any use of the User's computer device or the Company's computer devices and/or infrastructure on which the technological data vulnerability scan is performed.
It is specified, where necessary, that the vulnerability scan of technological data is carried out free of charge.
5.3 Analysis of the results of the technology data vulnerability scan
When the vulnerability scan of the technological data described above is completed, each User will be able to access a certain number of Functionalities from their Personal Space. These Features summarise the results of the vulnerability scan and present them in different tabs.
In general, Stoïk reserves the right to offer any other Functionality that it deems useful, according to the technical means that it deems most appropriate.
It is also specified that, in the context of the Functionalities, the vulnerabilities are qualified on the basis of the international MITRE standard.
5.4 Taking out insurance
The User may access the "Subscribe" function in his Personal Space to subscribe to an insurance contract.
In this respect, it is recalled that only the User acting as the legal representative of the Company, the only one authorised to act in the name and on behalf of the Company, is authorised to take out an insurance contract. Any insurance contract concluded via the Application by a user other than the one acting as the legal representative of the Company will not be recognised by Stoïk.
The User having clicked on the "Subscribe" button will then have to fill in a form allowing to verify certain eligibility conditions and to qualify the Company's risk profile. This contract will be signed via the electronic signature application HELLOSIGN.
Payment for the insurance will be made via online payment applications (STRIPE or GOCARDLESS). The monthly instalments of the insurance contract will then be deducted directly from the Company's bank account via the application used for the payment of the insurance subscription.
Information about the signed insurance contract will be directly available on the Personal Space.
However, access to the insurance subscription function via Stoïk is conditional on the result of the vulnerability score and the activity of the Company. In this respect, the Company must not present too great a risk of server compromise to be able to access this service. If this is not the case, the Company has a critical vulnerability that does not allow it to be insured.
In the event that the Company's score is below the threshold score, the User will be able to access all the Services other than the one linked to the insurance subscription. In particular, the User will be able to access the list of vulnerabilities identified by the technological data vulnerability scan.
In the event that the Company's score is greater than or equal to the threshold score, the User will have access to all the Services, without restriction.
In addition, and regardless of the result of the technological data vulnerability scan, access to insurance is not permitted for any company that engages in any of the following activities: sale of weapons, drugs, sale of illegal substances and products, communication and dissemination of information or images of an erotic or pornographic nature, websites of a religious, political or ideological nature, gambling and betting activities, social networks, activities related to cryptocurrencies, airports, stock markets.
ARTICLE VI. OBLIGATIONS OF THE USER
6.1 Access to the Site, the Application and the Services
The User declares to know and understand:
• the internet network and its limitations, in particular its functional characteristics and technical performance;
• the risks of interruption of the internet network;
• the existence of response times for consulting, querying or transferring information;
• the risks inherent in any data transfer.
It is the responsibility of the User to equip him/herself appropriately, particularly in terms of computing and electronic communications, to access the Site, the Application and the Services. It is also up to the User to take all appropriate measures to protect him/herself and Stoïk against any attack or damage that may affect the data or content stored on the Application and the Site. Stoïk is not responsible for the computer media of the User and the Company.
All costs and authorisations required for connection, access and use of the Application, the Site and the Services are and remain the responsibility of the Company.
6.2 Use of the Application
The User declares that he/she is aware and understands that the use of the Application, and more specifically the technological data vulnerability scan, will initiate a connection procedure to the Company's publicly accessible databases.
The User acknowledges and understands that the duration of the Technology Data Vulnerability Scan is approximately four (4) hours but may vary depending on several factors, such as, but not limited to, the number of publicly accessible Company databases and the volume of data associated with them.
The User undertakes to use the Site, the Application and the Services made available by Stoïk in accordance with these GTU, the specific conditions for certain Services, in particular the insurance Service, as well as the laws and regulations in force.
When using the Site, the Application and the Services, the User undertakes in particular not to use, or allow third parties to use, the Site, the Application and the Services for the following purposes:
• Contrary to public order and morality;
• Pornographic;
• Abusive, defamatory, racist, xenophobic, homophobic, revisionist or damaging to the honour or reputation of others;
• Incitement to discrimination or hatred of a person or group of persons because of their origin, sexual orientation, membership or non-membership of a particular ethnic group, nation, race or religion;
• Threatening a person or group of people;
• Degrading or injurious to the human person or his integrity;
• The commission of a misdemeanour, felony or act of terrorism or the glorification of war crimes or crimes against humanity;
• Allowing the rights of others and the safety of persons and property to be infringed;
• And, more generally, to use them in any way to enable the above actions.
In particular, the User also undertakes, without this list being limitative, to:
- Have the necessary authorisation to use the Services in the name and on behalf of the Company;
Inform Stoïk as soon as possible of any damage or malfunction of the Site or the Application at the following address: contact@stoik.io;
- Not to damage, vandalize, or otherwise interfere with the use of the Site or the Application;
- Not to deface, modify, disassemble, or generally alter in any way whatsoever the Site, the Application or all or part of the Services;
- Do not use any robot, "bot", "spider", "crawler" or any other automatic means or interface to access the Services, or to extract information about other Users;
- Not to use the Services and in particular the Site and the Application for advertising or similar commercial purposes;
- Not to use any software or other device to interfere or attempt to interfere with the proper working of the Site or the Application by any means whatsoever;
- Not to hinder the proper functioning of the Site, the Application and the Services in any way whatsoever, in particular by transmitting any element likely to contain a virus or malicious program likely to damage or affect the Application, the Site and the Services and, more broadly, any component of the infrastructure and solutions of Stoïk;
- Not to alter, modify or degrade the Site, the Application or the software codes constituting them;
- Not to take any action that may result in unreasonable or disproportionate traffic on the Site or Application or on any infrastructure linked to the Site or Application;
- Not to obtain unauthorised access to one of Stoïk's networks or to its computer system, by any means whatsoever;
- Not to decompile (reverse engineer), disassemble or otherwise reduce the code used in any software on the Site and the Application into a readable form in order to examine its structure and/or to copy or create other software based, in whole or in part, on that software, except for the applicable mandatory legal exception as provided for in Article L.122-6-1 IV of the French Intellectual Property Code;
- Do not use meta tags or any other hidden text containing the name Stoïk without its specific prior written consent;
- Not to include any hypertext link to the Site or the Application by framing or automatic hyperlinks ("in-line linking") or deep linking.
Finally, in general, the User undertakes to comply with all the regulations in force applicable in France.
6.3 Security of the Personal Space
Registration on the Application entails the creation of a Personal Space accessible by means of the Personal Identifiers provided by the User. The User's Personal Identifiers are strictly personal and confidential.
In this respect, the User undertakes to:
- Keep your Personal Identifiers secret;
- Not to communicate its Personal Identifiers to third parties in any form whatsoever;
- Not to allow access to its Personal Space by third parties;
- Assume sole responsibility for the consequences of any disclosure or compromise of its Personal Identifiers in violation of this Agreement;Inform Stoïk without delay of any compromise, loss or anomaly observed in their Personal Identifiers.
- Failing this, and unless there is proof to the contrary, any connection, use of the Services, transmission of bank data and transactions carried out by means of the User's Personal Identifiers will be deemed to have originated from the User and will be under the User's exclusive responsibility.
To be taken into account, the User's complaints must be sent by e-mail to the following address: dpo@stoik.io.
In the event that the User discloses his/her Personal Identifiers to a third party, Stoïk cannot be held responsible for any fraudulent use of the Personal Space. The User shall be solely responsible for the disclosure of its Personal Identifiers.
The User is also responsible for all activities that take place on his Personal Space, including the use of the Services.
The User undertakes, in the event of fraudulent use of their Personal Space or any breach of security of their Personal Space of which they are aware, to immediately notify Stoïk at the following address: dpo@stoik.io.
Upon receipt of the aforementioned notification, Stoïk will interrupt access to the User's Personal Space as soon as possible in order to put an end to the fraudulent use of the Services. This action will also prevent the User from accessing their Personal Space. It is specified that Stoïk's response time, although not immediate, will be as soon as possible after receiving the notification.
ARTICLE VII. RESPONSIBILITY OF THE USER
7.1 User guarantees
The User guarantees Stoïk against any complaints, claims and/or actions that Stoïk may suffer as a result of the User's breach of any of their obligations or guarantees under the terms of these GTU.
They undertake to compensate Stoïk for any prejudice it may suffer and to pay all costs, including defense costs, charges and/or fines that it may have to bear as a result.
7.2 Responsibilities
The use of the Site, the Application and the Services is made under the sole and entire responsibility of the User. As such, the User assumes full responsibility for the risks of loss associated with the use of the Services, the Application and/or the Site.
Consequently, it is up to the User to take all appropriate measures to protect the data, files or programs stored in his system.
The User is also solely responsible for the compatibility of its hardware, programs and software or its Internet network with the Site or the Application, which are designed to work with recent versions of the following web browsers: Safari, Google Chrome, Mozilla Firefox and Microsoft Edge.
In the event of non-compliant use or illicit exploitation of the Application, the Site or the Services, the User is solely responsible for any damage caused to the Company or to third parties and for the consequences of any claims or actions that may result from this.
The User undertakes, at Stoïk’s first request, to indemnify and compensate Stoïk for any damage, loss, or loss of profit that it may suffer if Stoïk is held liable by the Company or a third party due to an action linked to this use by the User.
The User also waives any recourse against Stoïk in the event of legal action taken by the Company or a third party against him/her due to the non-compliant use and/or illicit exploitation of the Application, the Site or the Services.
ARTICLE VIII. USER’S RIGHTS ON HIS PERSONAL DATA
We refer you to Stoïk’s Personal Data Privacy Policy accessible from the Site and the Application, under this link.
All the information concerning in particular the identity of the data controller, its rights over personal data, the recipients, the purpose of the processing and the storage periods is available in the Stoïk Privacy Policy.
ARTICLE IX. RESPONSIBILITIES OF STOIK
Stoïk undertakes to make its best efforts to provide the Services, to ensure the proper functioning of the Site, the Application and the Functionalities, within the limits of responsibility of the present GTU.
9.1 Guarantees
Stoïk is only bound to the User by an obligation of means and does not provide any guarantee, express or implied, including any guarantee of quality and suitability for a particular use of the Services provided to the User, subject to the legal guarantees of conformity and against hidden defects.
In particular, Stoïk does not guarantee either the User or the Company that the list of vulnerabilities identified by the technological data vulnerability scan is exhaustive. Similarly, Stoïk does not guarantee either the User or the Company that all of the Company's infrastructures have been analysed by the technological data vulnerability scan.
Stoïk assumes no responsibility for material errors or inaccuracies on the Site or the Application, for damage to property or infrastructure resulting from access to the Site and the Application, from the use of the Services, from unauthorised access to or use of the servers or personal or financial information stored on them, from the interruption of the Services, from the transmission of viruses or any similar element to or by the Site or the Application due to third parties, or from the loss of data placed on the Application.
Stoïk is not liable for any indirect damage resulting from transactions carried out on the Application, including any damage of an economic nature, in particular, without limitation, loss of income or profits, regardless of the legal basis. Furthermore, Stoïk is not liable for any indirect damage resulting from improper use or illicit exploitation of the Site or the Application.
In any case, Stoïk's liability towards the User or the Company for any claim arising from the present document or from the use of the Site or the Application is limited to the total amount paid by the Company to Stoïk for the Services that gave rise to the claim. It is specified that the claim must be made within the legal prescription period.
Subject to the occurrence of the following events, or any case of force majeure, change in applicable regulations preventing the operation of the Application, the Site or the Services, the Application and the Site are accessible twenty-four hours a day (24 h) and seven (7) days a week (7). Stoïk declines, however, all responsibility, without this list being restrictive:
- In case of interruption for technical maintenance or updating of the published information;
- In the event of temporary impossibility of access due to technical problems, whatever their origin and provenance;
- In the event of unavailability, overloading or any other cause preventing the normal functioning of the Internet network used to access the Site or the Application;
- In the event of contamination by any computer viruses circulating on the network;
- More generally, in the event of direct or indirect damage caused to the User or the Company, whatever its nature, resulting from access to or use of the Site or the Application, including by the User;
- In case of abnormal use or illicit exploitation of the Site or the Application;
- In the event of loss by the User of his/her login and/or password or in the event of usurpation of his/her identity.
It is furthermore specified that maintenance work and/or updates to the Site or the Application may be carried out without prior notice to the User.
9.2 Content of the Website and the Application
Despite the great care taken in creating and updating the Site and the Application, Stoïk cannot provide any guarantee, express or tacit, concerning the information contained on the Site and the Application of which it is the author.
Consequently, Stoïk cannot be held responsible for any damage, direct or indirect, resulting from any errors, inaccuracies or omissions in the information contained on the Site or the Application.
Furthermore, the photographs and illustrations on the Site are for information purposes only and in no way commit Stoïk contractually.
9.3 Force majeure
Stoïk shall not be held responsible, or considered to have failed to comply with these GTU, for any delay or whose cause is linked to a case of force majeure, as defined by article 1218 of the French Civil Code and the case law of the French courts, including, without limitation, the interruption, suspension, reduction or disruption of electricity or any interruption of electronic communication networks or in the event of events beyond its control.
In addition to the disclaimers provided for herein, Stoïk cannot be held responsible for the unavailability of networks that are not under its direct control.
ARTICLE X. DURATION AND TERMINATION
The Services are subscribed to from the date of registration on the Application.
If the insurance is taken out through Stoïk, the commitment begins on the day the insurance is taken out and ends on the date indicated in the insurance contract. The insurance contract is then tacitly renewed on the anniversary date for the same duration.
At the end of a period of one (1) year and at no cost to the User, subject to two (2) months' notice, in accordance with Article L.113-12 of the French Insurance Code, the User may terminate the insurance contract by sending an e-mail to the following address: contact@stoik.io with acknowledgement of receipt or by registered letter with acknowledgement of receipt to the following postal address Stoïk SAS, 4 rue Euler - 75008 Paris.
In accordance with the provisions of Article L.113-12 of the Insurance Code, Stoïk may terminate the User's insurance contract provided that it sends a registered letter to the User at least two (2) months before the expiry date of the said insurance contract.
It is specified that the period of cancellation runs from the date shown on the postmark or the date of dispatch of the electronic registered letter.
The insurance contract can also be terminated in accordance with the terms and conditions set out in the general insurance conditions drawn up by Stoïk.
Termination of the insurance contract will result in the removal of access to the insurance-related Services in the Application.
Consequently, except in the case where an insurance contract has been taken out, Stoïk may, at its sole discretion, close the Personal Space in accordance with the terms and conditions defined in Article 5.1 of the GTU.
Notwithstanding the closure of the Personal Space and/or the termination of the insurance contract, Stoïk reserves the right to make claims against the User in accordance with these GTU for any previous breach by the User or for any outstanding financial obligations the User may have.
ARTICLE XI. PUBLIC LIABILITY INSURANCE
Stoïk guarantees that it has taken out professional liability insurance.
It is specified that the civil liability insurance has a limited scope and cannot be used in the event that Stoïk is not liable.
ARTICLE XII. APPLICATION DATA
The User expressly acknowledges and agrees that :
- The data collected on the Application are proof of the reality of the operations carried out within the framework of the present;
- The said data constitutes the main method of proof accepted between Stoïk and the User, in particular for the calculation of sums due to Stoïk.
The User can access this data directly on the Application.
ARTICLE XIII. SANCTIONS FOR NON-COMPLIANCE
In the event of failure to comply with any of the provisions of these terms and conditions, or more generally, of infringement of the laws and regulations in force, by the User, Stoïk reserves the right to:
- Suspend or remove the access to the Services of the User, author of the breach or infringement, or having participated in it;
- Delete any content related to the breach or infringement in whole or in part;
- Take all appropriate measures and initiate any legal action;
- To notify, where appropriate, the competent authorities, to cooperate with them and to provide them with all information relevant to the investigation and prosecution of illegal or unlawful activities.
In the event that a User fails to fulfil an essential obligation arising from the present General Terms of Use, in particular fraudulent or illicit use of the Services, Stoïk reserves the right to suspend or cancel access to all or part of the Services, excluding insurance services, at any time and without notice. This right may be exercised without prejudice to any damages that may be claimed from the User.
Deletion automatically results in the closure of the Personal Space, except in the case of an insurance contract drawn up through the intermediary of Stoïk, without prejudice to any other consequences that may arise in application of these GTU.
ARTICLE XIV. MODIFICATIONS
Stoïk reserves the right to change the Site, the Application and the Services at any time.
Stoïk reserves the right to change the terms, conditions and mentions of these GTU at any time. They may also be supplemented by new contractual conditions, particularly in the event of technical, legal or jurisprudential developments or when new services and features are introduced.
It is hereby specified that the GTU applicable to the User shall be those in force on the Site and/or the Application at the date of use of the Services by the latter. The User will be informed of these modifications as soon as he/she connects to the Application for the first time following the update of the said GTU.
Any User who uses the Services after the entry into force of the modified GTU is deemed to have accepted these modifications.
ARTICLE XV. INTELLECTUAL PROPERTY
The presentation and content of the Site and the Application together constitute a work protected by the laws in force relating to intellectual property, which Stoïk owns.
Stoïk grants the User a limited, royalty-free, non-exclusive, personal, revocable and non-transferable licence to use the Application for professional and non-commercial purposes, subject to compliance with these GTU.
Any reproduction, in whole or in part, is strictly forbidden and is likely to constitute an infringement of copyright, except with prior written authorisation from Stoïk, at its sole discretion.
15.1 Copyright
The texts, images, drawings, graphic charter as well as the source codes and object codes of the Site and the Application are protected by intellectual property law. It is forbidden to copy, extract, distribute or modify the content of the Site and the Application for any reason whatsoever and in particular for commercial purposes. The downloading and printing of texts, images and graphic elements are authorised for private and non-commercial use only. The reproduction of drawings, images, sound documents, video sequences and texts in other electronic or printed publications is prohibited without the prior written consent of Stoïk, at its sole discretion.
Failure to obtain authorisation is punishable by the offence of counterfeiting.
15.2 Brands
The trademarks and logos appearing on the Site or the Application are registered and protected trademarks. Any total or partial reproduction of the trademarks and/or logos present on the Site or the Application made from elements of the Site or the Application without the express authorisation of Stoïk constitutes an infringement punishable by articles L.713-2 et seq. of the French Intellectual Property Code.
15.3 Users' suggestions, proposals and recommendations
In the event that a User decides to communicate to Stoïk a suggestion, a proposal of ideas or recommendations intended to improve the Services or Features, the User acknowledges and agrees to grant Stoïk a licence to use these suggestions, proposals or recommendations. It will allow Stoïk to integrate these suggestions or proposals into its Services and Functionalities and, more generally, to exploit them without restriction, without identifying the User and without his prior agreement.
ARTICLE XVI. SPECIFIC CONDITIONS OF USE OF THIRD-PARTY PLATFORMS AND TOOLS
16.1 General
In addition to these GTU, the User agrees to comply with the terms and conditions of the services of the platforms providing access to the Site and the Application as well as those of the third-party tools used by the Application. The general terms and conditions of the services of the above-mentioned platforms and third-party tools are available on their websites.
The use of these third-party platforms and tools by Users leads to the collection and processing of personal data for which Stoïk cannot be considered to be the data controller as defined by the amended law n°78-17 of 6 January 1978 relating to information technology, files and freedoms. The data controllers in this case are designated by the platforms and third-party tools concerned.
16.2 Third-party tools
Payment solutions
STRIPE and GOCARDLESS operate the Application as an online payment solution and limit the processing of the User's personal data to the functions and purposes strictly necessary for the provision of the Services and, more specifically, the insurance service offered by Stoïk.
The User who wishes to take out insurance from the Application accepts the general terms and conditions of use of STRIPE or GOCARDLESS services, depending on the solution used.
Electronic signature solution
HELLOSIGN uses the Application as an electronic signature solution and limits the processing of the User's personal data to the functions and purposes strictly necessary for the provision of the Services and more specifically the insurance service offered by Stoïk.
The User who wishes to take out insurance through the Application accepts the general terms and conditions of use of the HELLOSIGN services.
ARTICLE XVII. HYPERTEXT LINKS
Stoïk specifies that the use of hypertext links may lead the User to other websites or applications, independent of the Site or the Application. Stoïk cannot be held responsible for hypertext links to other sites or applications from the Site or the Application.
Similarly, the insertion of hypertext links to all or part of the Site and/or the Application is authorised, on a non-exclusive basis and may be revoked at any time, without Stoïk having to provide any justification, and on condition that this link does not create a misleading, false, pejorative or prejudicial character with regard to the Site and/or the Application. Under this authorisation, Stoïk reserves the right to object.
Stoïk cannot be held responsible for any direct, indirect or incidental damage resulting from accessing or using information from third-party sites.
ARTICLE XVIII. AGREEMENT ON EVIDENCE
The User acknowledges and agrees to subscribe to these GTU in electronic format and to receive all documentation relating to them in this same format, either by e-mail or on his Personal Space. The User acknowledges that these GTU, concluded electronically and established on a durable medium within the meaning of the regulations, have the same evidential value as a written document on paper.
By express agreement between the Parties, all electronic records - including, but not limited to, data transmitted by the User, connection data relating to actions carried out from the Personal Space, data relating to the use of the Application and collected from the Personal Space and emails - constitute proof of the actions and operations carried out by the User on the Application. The Parties agree that these electronic records are admissible in court and are proof of the data and facts contained therein.
In the event of disagreement, the electronic records produced by Stoïk will prevail over those produced by the User, unless the User demonstrates the lack of reliability or authenticity of the documents produced by Stoïk.
ARTICLE XIX. INDEPENDENCE OF CLAUSES
If any part of these GTU is found to be void, invalid or unenforceable for any reason, the term or terms in question shall be declared non-existent and the remaining terms shall retain their full force and effect and continue to be enforceable. The terms declared non-existent would then be replaced by the terms that most closely resemble the content and meaning of the cancelled clause.
ARTICLE XX. CUSTOMER RELATIONS AND COMPLAINTS HANDLING
Stoïk's customer service is available:
- Or by telephone on the following number: +33 6 44 60 70 30, open from Monday to Friday (excluding public holidays) from 8 a.m. to 10 p.m;
- Or by e-mail to the following address: contact@stoik.io.
The service is available in English and French.
If the User is not satisfied following exchanges with Stoïk's customer service, he/she may submit a complaint. The User must state the facts and provide the previous exchanges with customer service. Any complaint relating to the Services or to these GTU must be addressed by the User to Stoïk, indicating "complaint" in the subject line, at the above-mentioned email address.
The customer service department undertakes to acknowledge receipt of any complaint submitted by the User within twenty-four (24) hours of its receipt.
Notwithstanding the above provisions, if the customer service department reasonably believes that it will not be able to give the User a response within twenty-four (24) hours, it will send a holding reply to the User clearly stating the additional time required to respond to the complaint and specifying the maximum date by which the User will receive a response to the complaint notified to Stoïk.
ARTICLE XXI. APPLICABLE LAW AND JURISDICTION
These GTU - of which only the French language version shall prevail - and all matters relating thereto shall be governed by and construed in accordance with French law exclusively.
Unless otherwise stipulated, any dispute relating to the interpretation, validity and/or performance of these GTU, if not resolved amicably between the Parties, shall be subject to the exclusive jurisdiction of the courts attached to the Court of Appeal of Paris, including for procedures aimed at obtaining emergency or protective measures, in summary proceedings or on petition.
ARTICLE XXII. FINAL PROVISIONS
These GTU shall remain in full force and effect regardless of any changes that may be made to the structure and legal personality of Stoïk, in particular in the event of a merger, takeover or split, whether or not a new legal entity is created.
Unless expressly provided otherwise, these GTU express the entirety of the agreements between the Parties relating to the Services. It cancels and replaces all other verbal or written agreements, of any nature whatsoever, which may have been previously made between them and relating to the same subject.