talkspirit is a web and mobile platform, accessible at www.talkspirit.com and all associated pages (the "Platform"), operated by talkspirit, a simplified joint-stock company with a capital of 16,000 euros, headquartered at 60, rue François 1er, Paris (75008), registered with the Paris Trade and Companies Register under number 479 109 332, with intra-community VAT number 479109332. The platform provides access to various communication services centralised and managed within a single interface.

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The purpose of these General Terms of Use (the "Terms" or, collectively, the "Agreement") is to define the terms and conditions governing the relationship between Users, defined as all individuals or legal entities with access to the Platform. In the event of non-compliance with these Terms, talkspirit reserves the right to take any measures necessary to protect its interests and ensure enforcement.

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By visiting the Platform, the User agrees to comply with all of these Terms without reservation. Consequently, the User acknowledges having read the Terms and agrees to be bound by these provisions. If the User accesses the Platform on behalf of a company or any other legal entity, they are nonetheless personally bound by this Agreement.

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Article 1 – Access to the Platform

1.1 Restricted access

Access to the Platform is reserved for individuals or legal entities that have been granted access. Such access is provided in accordance with contractual agreements entered into with talkspirit by the legal entity or group of individuals or legal entities (the "Organisation") that has subscribed to a plan granting the right to access and use the Platform.

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1.2 Account creation

Creating an account is a mandatory prerequisite for accessing the Platform.

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Once access is granted by the Organisation, account creation requires completing a form provided for this purpose. The information requested, specifically the email address, must be accurate, up-to-date, and complete. This information must subsequently be updated regularly to ensure its accuracy.

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Account access credentials are strictly confidential. In the event of unauthorised use of their account or any breach of the confidentiality and security of their identification credentials, the User must inform talkspirit without delay.

Each User agrees to create only one account corresponding to their profile.

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Article 2 – Use of the Platform

2.1 Right of Access to the Platform

Under these Terms, talkspirit grants Users a limited, revocable, non-exclusive, non-transferable right to access the Platform for strictly personal use. Any use of the Platform contrary to its intended purpose is strictly prohibited and constitutes a breach of these provisions.

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Use of the Platform requires an internet connection and a web browser. To ensure the Platform functions correctly, please note that it is optimised for:
- a screen resolution of 1280×768 pixels;

- the latest versions of Internet Explorer, Chrome, Firefox, and Safari browsers as specified in the knowledge base at this address.

The Platform is also accessible via the talkspirit mobile application, which is available and optimised for the latest versions of Android and iOS as specified in the knowledge base at this address.

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All hardware and software required to access the Platform remain the sole responsibility of the User.

talkspirit reserves the right, in particular, to suspend or refuse access to the Platform for one or more Users.

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2.2 User Obligations

Users agree not to:

1. to transmit, publish, distribute, record, or destroy any Content (as defined in Article 3);

2. to disseminate data, information, or content that is defamatory, abusive, obscene, offensive, violent, or incites violence, or is political, racist, or xenophobic in nature, and generally any content that is contrary to applicable laws and regulations or public decency;

3. to reference or create links to any content or information available from the Platform;

4. to use the Content or any data present on the Platform to offer a service considered, at talkspirit's sole discretion, to be competitive with talkspirit;

5. to sell, trade, or monetise any Content without the express written consent of talkspirit;

6. to reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to obtain the source code related to any underlying intellectual property;

7. to use manual or automated software, devices, coding robots, or other means to access, crawl, scrape, or index any page of the Platform;

8. to endanger or attempt to endanger the security of the Platform. This includes attempts to monitor, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without prior express authorisation;

9. to counterfeit or use the products, logos, trademarks, or any other element protected by talkspirit's intellectual property rights;

10. to simulate the appearance or operation of the Platform, for example by using a mirroring effect;

11. to disrupt or interfere, directly or indirectly, with the Platform's services, or to impose a disproportionate load on the Platform's infrastructure, or to attempt to transmit or activate computer viruses via or on the Platform.

Please be aware that violations of system or network security may lead to civil and criminal proceedings. talkspirit monitors for such violations and may involve judicial authorities to prosecute Users who have participated in such violations, where applicable.

Users agree to use the Platform in good faith, in accordance with its professional purpose, legal and regulatory provisions, these Terms, and current practices.

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Article 3 - Use of Platform Content

All content on the Platform, excluding data uploaded directly or indirectly (notably web services) by Users (the "Content"), including designs, text, graphics, images, videos, information, logos, button icons, software, audio files, and more, belongs to talkspirit and its partners.

Any partial or total representation, reproduction, or exploitation of the Content offered by talkspirit, by any means whatsoever, without the prior written authorisation of talkspirit, is strictly prohibited and may lead to legal action.

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Article 4 – Personal Data

All personal data held by talkspirit is collected lawfully and fairly.

This data is provided by Users who voluntarily and expressly agree to these Terms, authorising talkspirit to process it in accordance with the provisions of the Privacy Policy.

Within the meaning of EU Regulation 2016/679 of April 27, 2016, the Company acts solely as a data processor for the Organisation regarding the processing of personal data.

Consequently, only the Organisation determines the purposes and means of personal data processing. Personal data is processed by the Company only on documented instructions from the Organisation, including with regard to transfers of personal data to a third country or an international organisation, unless the Company is required to do so under Union or national law; in such a case, the Company shall inform the Organisation of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.

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Article 5 – Liability

5.1 Platform Content

talkspirit does not control the content on the Platform provided by Users; consequently, talkspirit provides no guarantee regarding the substance of such content and shall not be held liable for it in any way.

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talkspirit has no general obligation to monitor the data and content provided by Users, nor any obligation to remove content that does not appear manifestly unlawful, notwithstanding any reports received. In accordance with these Terms, talkspirit may, in any event, remove manifestly unlawful content and immediately suspend or close the account of the User concerned, and as a last resort, the Organisation's account, without the latter being entitled to any compensation, provided that such removal is justified by a violation of any provision of these Terms. Nevertheless, talkspirit undertakes to review, within a reasonable timeframe, any appeals submitted by a User or an Organisation following such a suspension or closure, in order to potentially reconsider its decision.

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talkspirit does not guarantee that the User’s use of the Platform will not infringe upon the rights of third parties.

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5.2 Use of the Platform

talkspirit’s role is limited to the technical presentation of the Platform. talkspirit remains a third party to any agreements concluded by Users following the use of the Platform and cannot be held liable for the consequences of such acts in any capacity.

Please be aware that data published and information shared by Users may be captured and used by other Users. Consequently, talkspirit does not guarantee the protection of such data; it is the User's responsibility to take all necessary measures to preserve the ownership of their data.

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The User is responsible for ensuring that data is sent to the Platform and may not hold the Service Provider liable on any grounds or for any reason for the non-receipt or loss of transmitted data. The User must ensure they maintain a backup of all transmitted data.

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talkspirit does not guarantee that the Platform will operate without interruption or error. In particular, talkspirit cannot be held liable for any interruption of access to the Platform due to maintenance operations, updates, or technical improvements.

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In any event, talkspirit shall under no circumstances be held liable for any indirect or unforeseeable losses or damages incurred by the User or any third party, including but not limited to loss of profit, unsuccessful investments, inaccuracy or corruption of files or data, damage to reputation or commercial standing, loss of turnover or earnings, loss of customers, or loss of opportunity, on any grounds or legal basis whatsoever.

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Furthermore, talkspirit shall not be held liable for any delay or failure to perform this Agreement due to a force majeure event, as defined by the case law of French courts and tribunals.

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Article 6 - Proof Agreement

Computer systems and files shall be considered as evidence in the relationship between talkspirit and the User.

Accordingly, talkspirit may validly produce, in the context of any proceedings, data, files, programs, recordings, or other elements received, transmitted, or stored by means of the computer systems operated by talkspirit, on any digital or analog medium, as evidence, and may rely upon them, barring manifest error.

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Article 7 – Severability

The fact that any provision of the Agreement is or becomes illegal or unenforceable shall not in any way affect the validity or enforceability of the other provisions of the Agreement.

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Article 8 – Dispute Resolution

The conclusion, interpretation, and validity of this Agreement are governed by French law, regardless of the User's country of origin or the country from which the User accesses talkspirit, and notwithstanding any principles of conflict of laws.

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In the event that a dispute regarding the validity, execution, or interpretation of this Agreement is brought before the civil courts, it shall be subject to the exclusive jurisdiction of the Paris Commercial Court, to which jurisdiction is expressly granted, even in the event of summary proceedings or multiple defendants.

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Users are informed that they may, in any event, resort to conventional mediation or any alternative method of dispute resolution (such as conciliation) in the event of a disagreement.

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