Ours terms of use governing all use of the PolicyMate platform, website, and services.
TERMS OF USE
Last Updated: 22 September, 2025
Overview. These terms of use (the "Terms of Use") govern your (“Customer”) use of the PolicyMate website at www.policymate.eu (the “Site”), Platform, and Services as defined herein. These Terms of Use define (i) the terms of use of the Site, Platform, and Services, and (ii) the respective obligations of the Parties. In the event of any conflict between these terms and any other written agreement between Customer and PolicyMate governing Customer’s use of the services, such other agreement shall control. By accessing or using the Site, Platform, or Services, Customer agrees to comply with and be bound by these Terms. If Customer does not agree to these Terms, Customer must not use the Site, Platform, or Services.
The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access or use of any part of the Site, Platform, or Services (b) Customer’s indication of acceptance of these Terms of Use, or (c) the effective date of the first Order. PolicyMate may modify this Agreement from time to time as permitted in Section 25 (Modifications of Terms of Use).
Company Information. PolicyMate SAS has its registered office located at 165 avenue de Bretagne (EuraTechnologies) – 59000 Lille, France (“PolicyMate”). PolicyMate can be contacted via email at hello@policymate.eu or via phone at +33 3 56 89 47 98.
PolicyMate’s Services. PolicyMate provides access to PolicyMate’s AI-powered public affairs software via the PolicyMate platform (the "Platform"), and the Site (collectively, the “Services”).
Conditions
As a condition of accessing the Services, the Customer represents and warrants that it is either:
a natural person with full legal capacity, or
a legal entity acting through a natural person with the power or authority required to enter into a contract in the Customer's name and on their behalf.
And further represents and warrants that it is either:
a consumer, understood as any natural person who acts for purposes that do not fall within the scope of their professional activity, or
a professional, understood as any natural person or legal entity acting for purposes within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
Customer is responsible for its Customer Content, including its content and accuracy, and agrees to comply with all applicable laws in using the Services. Customer represents and warrants that it has made all disclosures and has all rights, consents and permissions necessary to use its Customer Content with the Services and grant PolicyMate the rights in Customer Content set forth herein all without violating or infringing any applicable laws, third-party rights (including intellectual property, publicity or privacy rights) or any terms or privacy policies that apply to the Customer Content.
Prohibited Uses. Customer must not use the Services with:
special categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation,
patient, medical or other protected health information regulated by applicable law,
credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards (PCI DSS),
government ID numbers; or
any data similar to the above protected under foreign or domestic Laws.
Access to the Services.
Orders. The Services may be purchased via an order form, such as a sales order, purchase document or any other instrument as determined by PolicyMate, which shall be completed and made available with the Services, offline, via email, or in any other form designated by PolicyMate (each, an “Order”). Such Order will list, at a minimum, the Services ordered, the associated fees, and the subscription plan and term, as applicable. The terms of these Terms of Use and any Order shall supersede the terms of any purchase order or similar document provided by Customer to PolicyMate. In the event of any conflict between the terms of this Agreement and any Order, the terms of the Order will control.
Subscription. Unless specified otherwise on an applicable Order, paid use of the Services will be on a subscription basis for the subscription term specified in the applicable Order.
Registration. To access the Services the Customer must register on the Platform. The Customer must provide PolicyMate with all information marked as mandatory. Registration automatically opens an account in the Customer’s name (the "Account") enabling the Customer to access the Services using their login and password.
Users and Team. Once the Customer's Account has been created, the Customer is free to create accesses for users (the "Users") up to the number specified in the applicable Order and invite them to join a group of two or more users within the Service that are able to share content and otherwise collaborate within the Service. (the “Team”). The Customer is solely responsible for creating accesses for Users, for setting their access rights and for their use of the Platform. Customer may designate one or more Users as an administrator with control over Customer’s Service account, including management of Users and Customer Content. Customer is fully responsible for its choice of administrators and any actions they take (the “Administrator”)
Access to Teams. If a Customer is invited by another Customer to join a Team in the Service, said Customer acknowledges that its access to that Team as well as any content it creates or submits may be shared with and under the control of that other Customer. Similarly, if a Customer creates a Team and invites others to join, content it creates or submits may be shared with other members of the Team.
Registration using corporate email. If Customer created an account using an email address belonging to its employer or other entity, Customer represents and warrants that it has authority to create an account on behalf of such entity and further acknowledges that PolicyMate may share your email address with and control of its account may be taken over by such entity. Upon such takeover, the administrator controlling the Account may be able to (i) access, disclose, restrict or remove information from the account, (ii) restrict or terminate your access to the Service and (iii) prevent you from later disassociating such account from the Customer.
Sharing Settings. Customers control which Users, Customers, and Teams they share content with and what content they share when using the Services. PolicyMate has no liability for how others may access or use such content as a result of your or your Users’ decision to share content in the Service.
Age Requirement for Users. The service is not designed for use by anyone below 18 years of age. You represent and warrant that you are at least 18 years of age and shall not permit any user under 18 years of age to use or access the Services.
Description of the Services
Services. The Customer acknowledges that they have had the opportunity to diligence the characteristics and constraints of the Services. The Customer acknowledges that the implementation of the Services requires a connection to the Internet and that the quality of the Services depends on this connection, for which PolicyMate is not responsible. The Services to which the Customer has subscribed are described on the applicable Order or otherwise within the Services. PolicyMate reserves the right to offer any other Service as well in PolicyMate’s discretion. Any request to modify the subscribed Services must be the subject of a new subscription. Any Services specific to the Customer shall be set forth in the Order.
AI Features.
Applicability and Scope. This section governs the offering and use of artificial intelligence as part of the Services, including any parts of the Services that make use of large language models (“LLMs”) or other machine learning (“ML”) and/or artificial intelligence (“AI”) to generate Output, which display significant generality and are capable to competently perform a wide range of distinct tasks, including when trained with a large amount of data using self-supervision at scale, and that can be integrated into a variety of downstream systems or applications (collectively, “AI Features”).“Input(s)” means any data, content or materials that Customer submits to the AI Features, such as an audio file, video file, document, image, or text (including any output parameters, such as aspect ratio, style, etc.) to receive the Output. “Output(s)” means the resulting image, text, text effects, vector graphic file, audio file, video file or any other content, which is provided to Customer within the AI Features or elsewhere in the Service based on the Inputs.
Use and Ownership of Input and Output. The AI Features may require you to provide Input, which will be used by the AI Features to generate Output. As between you and PolicyMate, and to the extent permitted by applicable law, you retain your ownership rights in Input and you own the Output. The Customer represents and warrants that it owns or has the necessary rights to use all Input. PolicyMate hereby assigns to the Customer all our right, title, and interest, if any, in and to Output. To the extent PolicyMate engages any third-party services to provide the Customer with PolicyMate’s AI Features, PolicyMate will take reasonable steps to inform the Customer of any restrictions to your ownership in Output, prior to your use of the relevant AI Feature. Due to the nature of AI Features, the Customer acknowledges that Outputs provided to Customer may be similar or identical to Outputs independently provided by PolicyMate to other customers and/or users.
Warranties and Disclaimers. Due to the nature of the AI Features, PolicyMate does not represent or warrant (a) that Output does not incorporate or reflect third-party content or materials, (b) that Output will not infringe third-party intellectual property rights, or (c) that Output will be accurate, complete, or current. Furthermore, PolicyMate does not endorse nor provide any guarantee regarding the accuracy or quality of Outputs. As such, the Customer should independently review and verify all Outputs as to usefulness, appropriateness, accuracy, fitness for its purpose, and any other quality relevant to Customer’s use cases and/or applications. The Customer is solely responsible for the content of the Input and its use of Output. FOR AVOIDANCE OF DOUBT, THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY OUTLINED IN THESE TERMS OF USE ALSO APPLY TO CUSTOMER’S USE OF THE AI FEATURES.
Restrictions on Use of AI Features. The Customer will ensure that its Inputs and use of the AI Features do not violate applicable laws. Further, Customer will not itself and will not permit anyone else to:
use the AI Features or Inputs or Outputs to infringe upon any third-party rights, including any intellectual property rights,
use the AI Features or any Inputs or Outputs to develop, train or improve any AI or ML models (separate from authorized use of the Services under these Terms of Use),
represent any Output as being an original work or a wholly human-generated work, or as being approved or vetted by PolicyMate,
use the AI Features for automated decision-making or for other processes that have legal or similarly significant effects on individuals, unless it does so with adequate human review and in compliance with all applicable laws,
use the AI Features for purposes or with effects that are illegal, discriminatory, harassing, bias-inducing, harmful or unethical,
use the AI Features in a way that conflicts with or violates any restriction or obligation that violates the EU Artificial Intelligence Act or any other applicable law,
develop foundation models or other large scale models or other artificial intelligence or machine learning-based features or products that compete with the Services, including the AI Features,
to generate spam, or any content for dissemination for illegal activities, or to abuse, harm, interfere with, or disrupt any services (or enable others to do the same), use the Services in a manner outside the scope of these Terms of Use.
Maintenance. For the duration of the Services, PolicyMate shall conduct regular maintenance, in particular corrective and ongoing maintenance. During such maintenance, access to the Services may be limited or suspended. Such maintenance may be made without prior notice. PolicyMate shall make every reasonable effort to provide the Customer with corrective maintenance to correct any malfunction or bug found on the Services. Maintenance may also include improvements to the Services’ functionalities, the addition of new functionalities and/or technical installations used within the framework of the Services. Access to the Services may also be limited or suspended for planned maintenance purposes.
Hosting. PolicyMate uses commercially reasonable efforts to host the Services, as well as the data produced and/or entered by/on the Services, on its servers or via a professional hosting service provider, and on servers located in a territory of the European Union.
Technical support. In the event of any difficulty encountered while using our Services, the Customer may contact PolicyMate using contact details provided herein or otherwise specified by PolicyMate. Technical support service is available during PolicyMate’s regular business hours. Depending on the need identified, PolicyMate will estimate the response time and inform the Customer accordingly.
Beta features. Policy Mate may offer certain features or services as beta versions (“Beta Features”). These are made available for testing and evaluation purposes only and may still be in development. Beta Features are provided “as is” and “as available,” without any warranties. Policy Mate does not guarantee their stability, availability, or accuracy, and reserves the right to modify or discontinue Beta Features at any time without notice.
Free Trials. Policy Mate may offer free trial periods for some of its Services. During the trial period, the Customer may use the service without charge, subject to any limitations outlined at the time of signup. At the end of the trial, unless cancelled by the Customer, the Service may automatically convert to a paid subscription, and the Customer will be charged accordingly. It is the Customer’s responsibility to monitor the trial period and cancel if they do not wish to continue.
Modifications to the Services. PolicyMate may in its sole discretion modify the Services, including removing features and functionality, in order to comply with applicable law, legal obligations, or to resolve or address any current or prospective claim, suit, or proceedings alleging the Services infringe the rights of any third party.
No Professional or Legal Advice. Outputs and content are for informational purposes and do not constitute professional or legal advice; Customer is responsible for independent verification of all Outputs and content created by or made available via the Services.
Third Party Services. The Customer may choose to use the Service with Third-Party Services. “Third-Party Services” means any platform, add-on, service, product, app or integration not provided by PolicyMate that Customer elects to integrate or enable for use with the Service. Use of Third-Party Services is subject to Customer’s agreement with the relevant provider and not these Terms of Use. PolicyMate does not control and has no liability for Third-Party Services, including their security, functionality, operation, availability or interoperability or how Third-Party Services or their providers use Customer Content. If Customer enables Third-Party Services with the Service, PolicyMate may access and exchange Customer Content with the Third-Party Services on Customer’s behalf.
Term and Termination of the Services.
Term. For paid subscriptions, unless stated otherwise in an Order, these Terms of Use shall be in effect for twelve (12) months starting on the Effective Date as specified in the Order (the “Initial Term”), and shall automatically renew for successive periods of 12 months (each a “Renewal Term” and together with the initial period, the "Term"), unless either the Customer or PolicyMate provides notice of non-renewal no later than one month before the end of the relevant period. For trial and other free uses the Term shall commence on the Effective Date and shall be in effect anytime Customer makes use of the Services.
Termination for Breach. Either the Customer or PolicyMate may terminate these Terms of Use upon ten (10) days prior written notice in the event of the other party’s material breach of these Terms of Use and their failure to cure such breach within such ten days.
Termination by PolicyMate. PolicyMate may terminate these Terms of Use, effective on written notice to the Customer, if the Customer: (A) fails to pay any amount when due hereunder, and such failure continues more than ten (10) days after PolicyMate’s delivery of written notice thereof; or (B) breaches any of its obligations under these Terms of Use;
Termination by the Customer. The Customer may terminate these Terms of Use upon ten (10) days written notice to PolicyMate if the Customer does not wish to be bound by modifications to these Terms of Use and the Parties are unable to mutually agree on a solution.
Effect of Expiration or Termination. Upon expiration or termination of these Terms of Use, Customer shall immediately discontinue use of the Platform. Further, upon the expiration or termination of these Terms of Use, the each Party shall promptly return to the other Party all copies, whether in written, electronic, or other form or media, of the disclosing Party's Confidential Information, or destroy all such copies and certify in writing to the disclosing Party that such Confidential Information has been destroyed; provided, however, that the receiving Party may retain copies of Confidential Information (i) in accordance with any bona fide document retention policy, or (ii) pursuant to any automatic computer back-up procedures.
Fees.
Fees. Fees are as described in each Order. Fees are invoiced on the schedule in the Order. Customer agrees that PolicyMate may bill Customer’s credit card or other payment method for renewals and any other unpaid fees, as applicable. Customer may change its payment method information by entering updated information through the user interface of the Services. Unless the Order provides otherwise, all fees and expenses are due within 30 days of the billing date specified in the applicable Order. PolicyMate will notify Customer of any price change at least 45 days before renewal.
Taxes. Customer is responsible for any sales, use, goods and services, value-added, withholding or similar taxes or levies that apply to its Orders, whether domestic or foreign (“Taxes”), other than PolicyMate’s income tax. Unless stated otherwise, fees are exclusive of Taxes.
Consequences of late or non-payment. In the event of default or delay in payment, PolicyMate reserves the right, from the day after the due date shown on the invoice, to:
Immediately suspend the Services in progress until full payment of the amounts due,
For Customers that are entities, charge interest on arrears equal to 3 times the legal interest rate, based on the amount of sums not paid by the due date, and a flat-rate indemnity of 40 euros for collection costs, without prejudice to additional compensation if the collection costs actually incurred exceed this amount,
Where applicable, declare all sums owed by the Customer to be forfeited and immediately payable.
Right of Withdrawal.
If the Customer is a natural person, they have a right of withdrawal. The Customer that is an entity has a right of withdrawal if they (i) are a professional with 5 or fewer employees, (ii) are purchasing a good or service that does not fall within their main field of activity (i.e. does not directly or remotely relate to the Services) and (iii) have concluded the agreement "off-premises", i.e.:
in a place, other from PolicyMate’s premises, where PolicyMate’s personnel and the Customer were physically present together and at the same time,
at the Customer’s premises or by means of a remote communication technique, immediately after PolicyMate has personally and individually approached the Customer (i) at a location other than PolicyMate's premises and (ii) where PolicyMate and the Customer were physically present together at the same time (e.g. meeting at the Customer's premises or at a trade fair, delivery of a quotation on this occasion, followed by signature by the Customer at PolicyMate's premises (by hand or online subscription)),
This right of withdrawal is valid for 14 calendar days from acceptance of the Terms of Use. The Customer can exercise this right free of charge by sending to PolicyMate before the end of this period to the address mentioned in article "Company information” any unambiguous statement expressing the Customer’s wish to withdraw.
If the Customer exercises their right of withdrawal, PolicyMate will refund all payments received, using the same means of payment that the Customer used (unless the Customer expressly accepts a different means), without undue delay and no later than 14 calendar days from the date on which PolicyMate was informed of the Customer’s wish to withdraw.
The Customer does not benefit from the right of withdrawal if the Services relate to the supply of digital content not provided on a physical medium and the Customer has expressly (i) agreed that the Services shall begin upon their acceptance of the Terms of Use and (ii) waived their right of withdrawal.
Legal Warranty of Conformity.
Consumers are entitled to invoke the legal guarantee of conformity if a lack of conformity appears during the contractual relationship between the parties. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance. The legal warranty of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or service for the duration of the contractual relationship between the parties. The legal warranty of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him.
The consumer may obtain a reduction in price by keeping the digital content or service, or he may terminate the contract by obtaining a full refund in exchange for renouncing the digital content or service, if:
The professional refuses to bring the digital content or service into compliance,
The compliance of the digital content or service is unjustifiably delayed,
The digital content or service cannot be brought into conformity without incurring costs for the consumer,
Bringing the digital content or service into conformity causes major inconvenience to the consumer, or
The non-conformity of the digital content or service persists despite the professional's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in price or rescission of the contract where the lack of conformity is so serious as to justify an immediate reduction in price or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for payment of a price.
Any period during which the digital content or digital service is unavailable for the purpose of restoring conformity suspends the warranty that remained in force until the digital content or digital service was supplied in conformity again.
These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code. Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code). Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the customer to a price reduction if the digital content or service is retained, or to a full refund in exchange for relinquishing the digital content or service.
Confidentiality
Definition. “Confidential Information” means information disclosed to the receiving party under this Agreement that is designated by the disclosing party as proprietary or confidential or that should be reasonably understood to be proprietary or confidential due to its nature and the circumstances of its disclosure. PolicyMate’s Confidential Information includes any technical or performance information about the Services. Customer’s Confidential Information includes Customer Content.
Obligations. As the receiving party, each party will
only use Confidential Information to fulfil its obligations and exercise its rights in these Terms of Use; and
hold Confidential Information in confidence and not disclose it to third parties except (i) to its and its corporate affiliates’ employees, (ii) to its and its corporate affiliates’ legal, financial, and technical advisors, who have a need to know such Confidential Information for the receiving Party to exercise its rights or perform its obligations under these Terms of Use, provided that each such person or entity is bound by confidentiality obligations no less protective than those set forth herein, and (iii) as permitted in these Terms of Us. The receiving Party shall be responsible for any breach of this Agreement by any recipients of the Confidential Information to which the receiving Party provided such Confidential Information.
Exclusions. These confidentiality obligations do not apply to information that the receiving party can document
is or becomes public knowledge through no fault of the receiving party,
it rightfully knew or possessed prior to receipt under this Agreement,
it rightfully received from a third party without breach of confidentiality obligations or
it independently developed without using the disclosing party’s Confidential Information.
Remedies. Unauthorised use or disclosure of Confidential Information may cause substantial harm for which damages alone are an insufficient remedy. Each party may seek appropriate equitable relief, in addition to other available remedies, for breach or threatened breach of this section.
Required Disclosures. Nothing in this Agreement prohibits either party from making disclosures, including of Customer Content and other Confidential Information, if required by Law, subpoena or court order, provided (if permitted by Law) it promptly notifies the other party in advance and cooperates in any effort to obtain confidential treatment.
Intellectual Property Rights
Intellectual property rights on the Platform.The Services, including but not limited to the Platform and Site, are PolicyMate’s property, as are PolicyMate’s software, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, etc.). They are protected by all intellectual property rights or database producers' rights in force. The license granted to the Customer does not entail any transfer of ownership. The Customer as well as the Users are granted a non-exclusive, personal and non-transferable license to use the Platform in SaaS mode for the duration of the Term.
Intellectual property rights on Content. Customer grants PolicyMate a non-exclusive licence to host, copy, process and display Customer Content solely to provide, maintain, secure and support the Services and related improvements. PolicyMate may generate aggregated or de-identified data derived from Customer Content and Services metadata (“Aggregate Data”), which PolicyMate may use to improve and develop its services; such Aggregate Data will not identify Customer or any natural person and is PolicyMate’s exclusive property. PolicyMate will not claim ownership of, nor create derivative works of Customer Content except as necessary for format transformations to perform the Services. For any Customers using PolicyMate on a free basis, PolicyMate does not agree and has no obligation to retain Customer Content and may delete it at any time. For Customers using PolicyMate on a paid basis, PolicyMate shall retain all Customer Content for the duration of the Term, at the conclusion of which PolicyMate may delete Customer Content in PolicyMate’s sole discretion. Any such data deleted or otherwise proactively deleted by Customer in the Service may be deleted permanently and not be retrievable.
Commercial References. The parties may use their respective names, brands and logos, and refer to their respective platforms, as commercial references, for the duration of the Term and 3 years thereafter.
Customer’s Obligations
Compliance With Obligations. The Customer shall comply with all obligations set out in each applicable Order and as set out herein..
Providing Accurate Information. The Customer shall provide PolicyMate with all the information required to subscribe to and use the Services. The Customer shall ensure all such information is accurate and kept updated and shall not provide PolicyMate with incorrect or incomplete information. The Customer acknowledges that information regarding company name, address, User information, and similar information is proof of identity and is binding as soon as it is validated,
Protection of Account Details. The Customer:
guarantees that the information provided in the form is accurate and undertakes to keep it up to date,
is responsible for maintaining the confidentiality and security of their login and password
acknowleges and agrees that any access to the Platform using the Customer’s login and password is deemed to have been made by Customer, and
must immediately notify PolicyMate if the Customer becomes aware their Account has been accessed or used without the Customer’s knowledge. The Customer acknowledges that PolicyMate shall have the right to take all appropriate measures in such event.
Responsibility for Use of Services. The Customer is responsible for their and any User’s use of the Services and any information the Customer or any User uploads or shares via the Services. The Customer undertakes to ensure that the Services are used exclusively by them and/or Users, who are subject to the same obligations as the Customer in their use of the Services. The Customer shall not use the Services for purposes other than those for which they were designed, including to:
engage in any illegal or fraudulent activity,
undermine public order and morality,
infringe the rights of third parties in any way whatsoever,
violate any contractual, legislative or regulatory provision,
engage in any activity likely to interfere with a third party's computer system, in particular for the purpose of violating its integrity or security,
promote the Customer’s or a third party’s services and/or websites,
assist or incite a third party to commit one or more of the acts or activities listed above,
use the Services on behalf of a third party or allow a third party to access the Services.
In using the Services, the Customer shall also refrain from:
copying, modifying or misappropriating any element belonging to PolicyMate or any concepts it exploits within the framework of the Services,
engaging in any behavior likely to interfere with or hijack PolicyMate’s computer systems or undermine its computer security measures,
infringing PolicyMate’s financial, commercial or moral rights and interests,
marketing, transferring or otherwise giving access in any way whatsoever to the Services, to information hosted on the Platform or to any element belonging to PolicyMate.
The Customer shall not use the Services to distribute any Content:
infringing public order and morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist),
infringing the rights of third parties (counterfeit content, infringement of personality rights, etc.) and more generally violating a contractual, legislative or regulatory provision,
prejudicial to third parties in any way whatsoever,
misleading, deceptive or proposing or promoting illicit, fraudulent or deceptive activities,
harmful to the computer systems of third parties.
Export and Sanctions Compliance. Customer represents it is not a sanctioned person and will not use the Services in breach of EU/US/UK export, re-export or sanctions laws.
Indemnification. The Customer shall indemnify PolicyMate against any third-party claim and/or action that may be brought against it as a result of the Customer’s breach of any obligation or term of these Terms of Use. The Customer shall indemnify PolicyMate for any loss suffered and reimburse PolicyMate for any sums it may have to bear as a result.
PolicyMate’s Obligations. PolicyMate shall provide the Services with reasonable diligence. PolicyMate acknowledges it is bound by a best-effort obligation.
Concerning the quality of the Services. PolicyMate shall use its best efforts to ensure the quality of the Services. To this end, PolicyMate carries out regular checks to check the operation and accessibility of its Services and may carry out maintenance under the conditions specified in article "Maintenance". However, PolicyMate shall not be held liable for temporary difficulties or impossibilities in accessing its Services resulting from:
circumstances external to its network (including but not limited to partial or total failure of the Customer’s servers),
failure of equipment, cabling, services or networks not included in its Services or not under its responsibility,
interruption of Services by telecom operators or Internet service providers,
intervention by the Customer, including but not limited to incorrect configuration of the Services.
Furthermore, PolicyMate does not guarantee that the Services (i) as they are subject to constant research to improve their performance and progress, will be totally free of errors, defects or faults, or (ii) as they are standard and in no way tailored to the Customer’s personal requirements, will specifically meet the Customer’s needs and expectations.
Concerning Service Level Guarantees. PolicyMate offers no guarantee of the Services level of service. However, PolicyMate makes every effort to maintain 24/7 access to the Services, except in the event of scheduled maintenance under the conditions defined in article "Maintenance", in 16.1, or in the event of force majeure.
Concerning the Backup of Data on the Services. PolicyMate shall use its best efforts to safeguard all data produced and/or entered by/on the Services. However, except in the case of proven negligence on the part of PolicyMate, it is not liable for any loss of data during maintenance operations.
Concerning Data Storage and Security. PolicyMate provides sufficient storage capacity for the operation of the Services. PolicyMate makes its best efforts to ensure data security by implementing measures to protect infrastructure and the Services, to detect and prevent malicious acts and to recover data.
Concerning Subcontracting and Assignments. PolicyMate may use subcontractors to carry out the Services, and these subcontractors are subject to the same obligations as PolicyMate. Nevertheless, PolicyMate remains solely responsible to the Customer for the proper performance of the Services. PolicyMate may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the Customer. In such a case, PolicyMate will inform the Customer of this substitution by any written means.
Use of Artificial Intelligence. The Customer acknowledges that the Services are solely intended to provide a software solution enabling research, analysis, and monitoring in the field of public affairs. PolicyMate does not intend for its artificial intelligence system to be used for high-risk purposes and does not wish to be considered a provider of high-risk AI. Consequently, the Customer agrees not to modify the Service and/or use it for any high-risk purpose within the meaning of the Artificial Intelligence Regulation, for example, to influence the outcome of elections.
Limitation of PolicyMate’s Liability. PolicyMate’s liability is limited solely to proven direct damages suffered by the Customer as a result of using the Services. Except for amounts due, violation of IP rights, breach of confidentiality, data protection violations involving wilful misconduct or gross negligence, and liability that cannot be limited by law, PolicyMate’s aggregate liability is limited to the fees paid or payable by Customer for the Services giving rise to the claim during the twelve (12) months preceding the first event giving rise to liability.
Admissible Modes of Proof. Proof may be established by any means. The Customer is hereby informed that messages exchanged via the Services as well as data collected on the Services and PolicyMate’s computer equipment constitute the main accepted mode of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.
Personal Data Processing
General provisions. The parties undertake, each insofar as it is concerned, to comply with all legal and regulatory obligations incumbent on them in terms of personal data protection, in particular Law 78-17 of January 6, 1978 in its latest amended version known as the Loi Informatique et Libertés and Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016 (together the "Applicable Regulations"). To find out more about the processing carried out by PolicyMate, and the processing of personal data by PolicyMate as a processor, the Customer is invited to consult PolicyMate's privacy policy, which is available at https://policymate.eu/page/privacy-policy.
Data Processing Agreement. All exchanges of information considered “personal information” or “personal data” under applicable data protection laws shall be governed by the the terms of the PolicyMate Data Processing Agreement (“DPA”) available at https://policymate.eu/page/data-processing-agreement and incorporated herein by reference. By using the Services, Customer also accepts the DPA.
Force Majeure. PolicyMate shall not be liable for any failure or delay in the performance of its contractual obligations due to force majeure occurring during the term of its relationship with the Client as defined in article 1218 of the French Civil Code. If PolicyMate is prevented from fulfilling its obligations due to force majeure, it must inform the Client by registered letter with acknowledgement of receipt. Obligations will be suspended on receipt of the letter and must be resumed within a reasonable time once the force majeure has ceased. PolicyMate nevertheless remains bound by the performance of obligations not affected by force majeure. If the force majeure event lasts for more than 30 working days, PolicyMate may immediately terminate its contractual relationship with the Customer by any written means.
Suspension of the Services. In addition to any other rights PolicyMate has under these Terms of Use, PolicyMate may suspend without notice Customer’s or a User’s access to and use of the Service and related services
if Customer breaches the provisions of these Terms of Use,
if Customer’s account is 10 days or more overdue, or
if Customer’s or User’s actions risk harm to other customers or the security, availability or integrity of the Service.
if necessary for PolicyMate to comply with applicable law or legal obligation.
Modification of Terms of Use. PolicyMate may modify these Terms and Conditions at any time and will inform the Customer by any written means at least 30 calendar days before they come into force. If the Customer does not accept these modifications, they must terminate these Terms of Use in accordance with Section 9.4. Customer may be required to click to accept or otherwise agree to the modified Terms of Use in order to continue using the Services, and, in any event, continued use of the Services after the updated version of these Terms of Use goes into effect will constitute Customer’s acceptance of such updated version.
Language. In the event of contradiction or dispute as to the meaning of any term or provision, the English language shall prevail.
Registration on the Opposition List for Telephone Canvassing. In accordance with law n° 2014-344 of March 17, 2014, the Customer is informed that, as a consumer within the meaning of the French Consumer Code, they have the option of registering free of charge on the BLOCTEL telephone anti-solicitation list (www.bloctel.gouv.fr) in order to no longer be contacted by telephone by a professional with whom they have no current contractual relationship.
Mediation. In the event of a dispute between the Customer and PolicyMate, the Customer may have recourse free of charge to the following consumer mediator for an amicable settlement:
Centre de médiation de la consommation de conciliateurs de justice (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris
Phone : 06 09 20 48 86
https://www.cm2c.net
Option additionnelle en cas de fourniture de Services dans l’UE :
If the Customer is a foreign consumer located in the European Union, they can go to the European consumer law dispute resolution platform accessible here.
Applicable Law and Jurisdiction. The Terms of Use are governed by French law. In the event of a dispute between the Customer and PolicyMate, and in the absence of an amicable agreement within 2 months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), except in the event of mandatory provisions to the contrary.
Independent Contractors. The Parties are independent contractors, not agents, partners or joint venturers.
Waivers and Severability. Waivers must be signed by the waiving party’s authorised representative and cannot be implied from conduct. If any provision of this Agreement is held invalid, illegal or unenforceable, it will be limited to the minimum extent necessary so the rest of this Agreement remains in effect.
Open Source. The Services may incorporate third-party open source software (“OSS”), as listed in any documentation accompanying the Services or by PolicyMate upon request. To the extent required by the OSS licence, that licence will apply to the OSS on a stand-alone basis instead of this Agreement.
Survival. Any terms herein that by their nature should survive the termination or expiration of these Terms of Use shall survive.