Terms of Use

About Us

The Collective platform (“Platform”) is operated by COLLECTIVE, a company with a capital of €2,106.03, represented by Jean de Rauglaudre.

Our headquarters are located at 9 rue des Colonnes, 75002, Paris, and we are registered with the Paris Trade and Companies Register under number 892760539.

You can contact us at any time at [email protected] or, for any matters related to personal data, our Data Protection Officer at [email protected].

What is the purpose of the Terms of Use?

The trust you place in us every day is our top priority. As such, we do everything we can to ensure that you can maintain this trust on a daily basis, which naturally requires that our Terms of Use (“ToU”) be respected and understood by everyone.

The ToU, which apply to our platform, are specifically intended to outline the rules you must follow when using it, as any use of the platform implies full acceptance of the ToU.

You therefore confirm that you have read the ToU prior to any use of our Platform and that you have all the necessary information and expertise to ensure that the services provided meet your needs.

What are the requirements for creating an account?

To create an account on our Platform, you must be a natural person of legal age with full legal capacity to enter into the Terms of Use.

Your account is strictly personal. You therefore agree to provide the identification information required to create the account in a personal, correct, accurate, and truthful manner. You must also inform us of any changes regarding the information required for the normal use of the Platform.

You are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your device (e.g., tablet, mobile phone, etc.). If you have any doubts about the security of your account or the confidentiality of your access, you must change your password and/or contact our support team as soon as possible. Otherwise, and to the extent permitted by applicable law, you are responsible for all activities carried out through your account.

We recommend using a complex password (consisting of numbers, lowercase and uppercase letters, and punctuation marks) to enhance account security and changing your password regularly by accessing your account settings.

What are our commitments?

We do our utmost to provide you with a high-quality service, available 24/7, offering accurate and precise content, free from any risk of technical failure.

However, since “zero risk” does not exist in the field of information technology, we cannot be held liable for any harm that may result from the use of the Platform, as we cannot be held responsible for any errors, unavailability, or interruptions that may occur on our Platform, or in the event that a virus is accessible via our Platform. We are also not liable for delays or your inability to fulfill your obligations under the Terms of Use if the delay or inability results from a cause beyond our reasonable control.

We are also not liable for any hacking, errors, or viruses that may be installed on your device and affect the service, or for any steps or actions taken or omitted by a system administrator.

Furthermore, your access to the Platform may occasionally be suspended or limited to allow for repairs, maintenance, or the addition of a new feature or service.

In any case, it is expressly agreed that we are subject only to an obligation of means for the provision of the Platform. You further agree that we shall be liable only in the event of fault on our part, provided that such liability shall apply only to direct and foreseeable damages, indirect damages being excluded, and that we are not liable for commercial losses (including loss of profit, revenue, contracts, anticipated savings, data or customer, or unnecessary expenses), which were not foreseeable when you began using the Platform.

Indirect damages include, in particular, loss of data, time, profits, revenue, margins, orders, customers, operations, income, business opportunities, or damage to brand image, expected results, and the actions of third parties, as well as, generally speaking, any commercial disruption whatsoever. Similarly, any action by a third party against you is considered indirect.

Furthermore, you are hereby informed that any event of force majeure immediately and automatically suspends the operation of the Platform. If such events of force majeure persist for more than two months, we reserve the right to suspend or terminate the service without notice or compensation.

In particular, events beyond our control that could not reasonably have been foreseen at the time the Platform was made available, and whose effects cannot be avoided by appropriate measures, and which prevent its use, are considered cases of force majeure — including events typically recognized by the case law of French courts and tribunals, such as war, riots, fire, internal or external strikes, lockouts, occupation of premises, severe weather, earthquakes, floods, water damage, legal or governmental restrictions, legal or regulatory changes, accidents of any kind, epidemics, pandemics, illness affecting more than 10% of our company's staff over a period of two consecutive months, lack of energy supply, partial or total shutdown of the Internet and, more generally, of private or public telecommunications networks, roadblocks and the inability to obtain supplies, and any other event beyond our control preventing the normal operation of our Platform.

What are your obligations and responsibilities?

You acknowledge that you are solely responsible for the use of features based on artificial intelligence and for decisions made using these features.

You agree not to alter, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, broadcast, or transfer any information, software, product, or, generally speaking, any element of the Platform. Reposting, scraping, or the automated or high-volume use of the Platform is expressly prohibited.

You agree to comply at all times while using our Platform with (i) applicable national and international laws and regulations and (ii) the Terms of Use.

YOU WARRANT THAT YOU WILL NOT USE THE PLATFORM FOR ANY ILLEGAL OR IMMORAL PURPOSES OR IN A MANNER CONTRARY TO ITS INTENDED USE AND/OR PURPOSE.

Furthermore, by using the Platform, you acknowledge that you have the right to use it solely for your own account.

In any case, you agree not to, directly or indirectly:

• use the Platform in a manner that infringes upon intellectual and industrial property rights, the right to privacy, and/or the right of publicity, and/or any other rights of others;
• create, use, share, and/or publish by any means any material (text, comments, images, sounds, videos, etc.) or content that, in our sole discretion, is aggressive, threatening, malicious, defamatory, false, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, hateful, sexually explicit, violent, contrary to public decency, or otherwise objectionable;
• create, use, share, and/or publish by any means any material that would constitute a breach of a confidentiality obligation or that would incite the commission of an illegal activity (including, but not limited to, piracy, cracking, or the distribution of counterfeit software);
• engage in activities aimed at accessing elements or features of the services that are used without our prior and express authorization;
• arrange, modify, translate, adapt, reproduce, index, copy, and/or extract any information, software, product, or any other element or part of the Platform, by any means, without our prior and express authorization;
• modify, distort, block, abnormally overload, disrupt, slow down, and/or hinder the normal operation of all or part of the Platform, or its accessibility to other users, or the operation of partner networks, or attempt to do any of the foregoing;
• transmit or spread any virus, Trojan horse, worm, time bomb, corrupted file, and/or similar destructive device or corrupted data, and/or organize, participate in, or be involved in any way in an attack against our servers and/or the Platform and/or the servers and/or services of our service providers and partners;
• harass other users of the Platform, engage in pyramid schemes or similar operations, or send unsolicited emails, spam, or any unsolicited advertising or promotional material, whether for commercial or non-commercial purposes;
• use another Platform user's account, impersonate another person, or falsely represent yourself in dealings with any individual or entity;
• collect or intercept, by any means not expressly permitted, data exchanged by other users, or the names/usernames and/or passwords of any other user;
• attempt to obtain a password, account information, or other private information from any other user of the Platform, and/or sell, rent, share, lend, and/or otherwise transfer your account and/or the means to access it to any third party, and/or otherwise allow any third party to benefit from your account;
• make improper use of the support service we provide;
• access, use, download via the Platform, or otherwise reproduce or provide to anyone (whether for free or for a fee) any directory of Platform users or any other information relating to users or the use of the Platform.

If you observe any behavior that is malicious or contrary to our Terms of Service and the interests of other users, you may contact us at [email protected].

Can your account be suspended or deactivated?

We may limit, restrict, suspend, or permanently terminate all or part of your account at any time, without notice and without prior formalities, in the event of a breach of your duties and obligations under the Terms of Use, or at the express request of an administrative or judicial authority, or in the event of an actual or alleged infringement of any right, all without such action being considered a breach of our obligations. Your IP address may be used to identify you for the purpose of enforcing the Terms of Use.

Any closure of your account results in the permanent deletion of the information provided to us when opening or updating your account, of all documents and other items stored via the Platform, as well as, where applicable, of any document or content you may have published, uploaded, or made available on the Platform.

We therefore strongly recommend that you back up, on your computer or an external hard drive, all documents, information, and other items stored on the Platform. Notwithstanding the foregoing, we reserve the right to retain the aforementioned documents, information, and other items on our servers for a reasonable period of time.

If you close your account at your own initiative, no refund, whether full or partial, of any amounts already paid will be issued. If we close your account at our initiative due to a breach of these Terms of Use, no refund, whether full or partial, of any amounts already paid will be issued. Furthermore, you are strictly and expressly prohibited from opening a new account, whether using the same or a different email address or through a third party, without our prior written authorization. In such cases, please contact us at [email protected] to request the creation of a new account.

What are the applicable rules regarding intellectual property?

We are and remain the exclusive owners of all intellectual property rights in the trademarks (e.g., Collective, COLLECTIVE, etc.), graphic design, logos, or any other elements you may view when using our Platform.

The fact that you have free access to them while using the Platform does not imply that we grant you any license or right to use the Platform's elements.

You therefore do not have the right to use these elements, in any way whatsoever, in whole or in part, without our prior written authorization. Any use on your part that we have not authorized may constitute an infringement punishable under Articles L335-2 et seq. of the Intellectual Property Code and Articles L713-2 et seq. of the same code.

Our Platform may also, for various reasons, display other logos, trademarks, or registered trademarks belonging to us or to third parties and protected by industrial property law. Consequently, any use of these elements not expressly authorized constitutes infringement.

In accordance with the provisions of Law No. 98-536 of July 1, 1998, transposing into the Intellectual Property Code Directive 96/9/EC of March 11, 1996, concerning the legal protection of databases, we hereby inform you that we are the producer and owner of all or part of the databases used via the Platform. Consequently, any extraction and/or reuse of the databases within the meaning of Articles L342-1 and L342-2 of the Intellectual Property Code is prohibited.

We clarify that you also retain ownership of all intellectual property rights belonging to you when you use the Platform, and no transfer of such rights occurs as a result of your use of the Platform.

How do we use your personal data?

When we work together and you use the Platform, we have no choice but to process your personal data, in particular to handle your requests, manage our business relationships, etc.

To help you understand how we process your data, we have drafted a Privacy Policy, accessible at any time on the Platform, which aims to explain the reasons and methods by which we process your data in connection with the services we provide.

What is the applicable "standard" language?

The Platform may be translated into various languages. However, French remains the "standard" language of our company and our business. The French language therefore always takes precedence over other versions of our Platform in the context of our business relationship, particularly in the event of misinterpretation, dispute, litigation, or difficulty in interpreting our services.

What are the rules regarding hyperlinks?

The Platform may contain hyperlinks to websites or third-party sites. Please be advised that we are neither responsible for nor liable for the offers, actions, content, products, services, or any other elements available via these links.

Furthermore, we thank you in advance for reporting any hypertext link on the Platform that provides access to a third-party site offering content contrary to the law or public decency.

Evidence Agreement

We archive communications, files, contracts, purchase orders, and invoices on a reliable and durable medium to ensure they constitute a faithful and durable copy. These communications, files, contracts, purchase orders, and invoices may be produced as evidence. Unless proven otherwise, the data recorded by our teams constitutes proof of all exchanges between you and us.

Invalidity

The invalidity of any one of the provisions herein shall not render the Terms of Use invalid, and the remaining provisions shall remain in full force and effect.

Waiver

Failure to enforce one or more provisions of the Terms of Use, whether temporarily or permanently, shall in no way constitute a waiver of the right to enforce them.

What is the applicable law?

We are a company governed by French law. Consequently, the use of our Platform is subject to French law, and any dispute shall be brought exclusively before the competent French courts.

Can the Terms of Use be modified?

We reserve the right to modify the Terms of Use at any time and without notice. We therefore recommend that you review them as often as possible.