Terms and Conditions
Preamble
“We” refers to Axa Zara LLC, the company providing Axa Zara.
“The Service” refers to Axa Zara, a software-as-a-service (SaaS) accessible via the Internet.
The service is offered via the Internet as a "Software-as-a-Service" by Axa Zara LLC, a company registered in the United States of America in the State of Delaware. Use of the service is subject to the following general terms and conditions. Use of the service implies acceptance of these terms and conditions. Any deviation from these general terms and conditions must be confirmed in writing by us.
1.2. Processing of Personal Data:
By using Axa Zara, you consent to the processing of your personal data in accordance with our privacy policy, which details how we manage this information.
1. Access to and Use of the Service
1.1. Registration and Login:
Access to the Service requires prior registration. You must create an Axa Zara account to use Axa Zara. After registration, you can immediately access your account and use the Service.
1.2. Processing of Personal Data:
By using Axa Zara, you consent to the processing of your personal data in accordance with our privacy policy, which details how we manage this information.
2. User Obligations and Responsibilities
2.1. Compliance with Laws:
You agree to use the Service only for lawful activities, in accordance with US and other applicable laws. It is prohibited to store or transmit defamatory, slanderous or racist data via the Service.
2.2. Monitoring and Intervention:
If we become aware of a use of the Service contrary to these terms, or receive a complaint to this effect, we reserve the right to intervene to remedy the situation.
2.3. Abuse Prevention:
In the event of a risk of damage or compromise to computer systems or networks, we may take any necessary measures to prevent or limit such damage.
2.4. Disclosure in Case of Offense:
We have the right to file a criminal complaint for any offense committed via the Service. We may also disclose your personal information to a third party alleging a violation of its rights or these terms and conditions, under certain strict conditions.
2.5. Indemnification:
You are required to indemnify us for any damage suffered as a result of your violation of these terms. You also waive any claim against us in connection with such violations.
3. Availability, Maintenance and Evolution of the Service
3.1. Availability:
Although we strive to maintain continuous availability, we do not guarantee uninterrupted access to the Service.
3.2. Maintenance:
The Service may undergo maintenance that could impact its availability. These operations will be announced in advance whenever possible.
3.3. Modifications to the Service:
We may make changes to Axa Zara at any time. Your feedback is welcome, but the final decision regarding modifications remains at our discretion.
4. Intellectual Property Rights
4.1. Rights to the Service:
Axa Zara, the associated software, and all information and images on the website are protected by intellectual property rights belonging to Axa Zara LLC. These elements may not be copied or used without our express permission, except as permitted by law.
4.2. Ownership of User Data:
The information you store or process through the Service remains your property. We receive a limited license to use this information as part of the Service, including for future developments. You can revoke this license by deleting the relevant information or terminating the agreement.
4.3. User Contributions:
If you send information to Axa Zara LLC, such as bug reports or suggestions for improvement, you grant a perpetual and unlimited license to use this information for the Service. This does not apply to information you designate as confidential.
4.4. Restricted Access to Data:
We commit not to access the data you store or transfer via the Service, unless this is necessary for the proper provision of the Service or as required by law or competent authority. In such cases, access to information will be limited as much as possible.
5. Pricing and Payment for the Service
5.1. Service Fees:
Access to certain Axa Zara features may be subject to fees. Details of applicable fees are provided within the Service. These fees are due monthly and must be paid in advance.
5.2. Payment Terms:
Payments must be made in accordance with the methods indicated on our website.
5.3. Non-Refundable:
Since the Service is activated immediately at your request, no payment can be refunded in accordance with remote selling legislation.
6. Limitation of Liability
6.1. Liability Cap:
Except in the event of intentional misconduct or gross negligence on our part, our liability is limited to the amount you paid in the three months preceding the occurrence of the damage.
6.2. Exclusion of Liability for Indirect Damages:
We are not liable for indirect damages, including but not limited to loss of profits, lost savings or damages due to interruption of business.
6.3. Claim Period:
Damages must be reported in writing within two months of discovery.
6.4. Force Majeure:
In the event of force majeure, we are not required to compensate for any damages suffered. Force majeure includes, without limitation, disruptions or unavailability of the Internet, telecommunications infrastructure, power outages, riots, strikes, business disruptions, supply interruptions, fires, and floods.
7. Duration and Termination of Contract
7.1. Effective Date and Duration:
This agreement takes effect from your first use of the Service and remains in effect for a period of one month, automatically renewable for successive periods of the same duration.
7.2. Termination by the User:
If you entered into this agreement as a consumer, you can terminate the contract at any time with one month's notice after the first automatic renewal. For non-consumers, termination is possible at the end of the current period with one month's notice.
7.3. Termination Due to Non-Use:
We are authorized to terminate the agreement if you have not used the Service for 18 consecutive months. In this case, a reminder will be sent to the email address associated with your account before any termination action.
7.4. Data Export:
It is important to note that exporting data stored or processed through the Service is not possible.
8. Changes to Terms and Right to Terminate
8.1. Right to Modify:
We reserve the right to modify or supplement these terms and conditions, as well as all rates, at any time.
8.2. Notification of Changes:
Modifications or additions will be announced via the Service at least thirty days before they take effect.
8.3. Right to Terminate Due to Change:
If you do not wish to accept a change or addition, you may terminate the contract until the effective date of the changes. Use of Axa Zara after that date constitutes your acceptance of the modified or supplemented terms and conditions.
9. Miscellaneous
9.1. Applicable Law:
This agreement is governed by US law.
9.2. Jurisdiction:
Unless otherwise required by mandatory law, any dispute relating to the use of Axa Zara will be brought before the competent courts in the United States of America, Axa Zara's main place of business.
9.3. Validity of Electronic Communications:
For any clause of these terms and conditions requiring a "in writing" statement to be valid, a statement by email or a communication via the Axa Zara service is sufficient, provided that the sender's authenticity can be established with certainty and the integrity of the statement has not been compromised.
9.4. Authenticity of Records:
The version of any communication or information recorded by Axa Zara is considered authentic, unless you provide evidence to the contrary.
9.5. Partial Invalidity:
If any part of these terms and conditions is declared legally invalid, this will not affect the validity of the contract as a whole. In such a case, the parties undertake to agree on one or more replacement provisions that come as close as possible to the original intention of the invalid provision(s), within the limits of the law.
9.6. Transfer of Rights and Obligations:
Axa Zara reserves the right to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Axa Zara or the associated business activities.