ONCE'S TERMS OF USE

Last Updated: 2nd November, 2019

These terms of use (these "Terms of Use" or "ToU") and Once's privacy policy (the "Privacy Policy") are applicable to all use of and access to the platform accessible through the www.once.app domain name (the "Site") and any additional services (the "Services") that may be provided by Once ("Once", "We", "Us", the "Company" or "Our") to its users ("User(s)", "You", or "Your").
You shall accept electronically these Terms of Use at the time of subscription and of the creation of a valid account giving access to the Services (the "Account") and after each amendment thereof. In any event, these Terms of Use are always accessible on Once's website accessible at www.once.app (the "Website").
These Terms of Use shall prevail over all contractual documents issued by You.
If You are representing a company or any other legal entity, You must have the authority to bind said company or entity to these Terms of Use.


General

These ToU are the legal agreement between you and the Company, and govern the access to, browsing, and use of the Site. By accessing the Site, you accept to be bound by these ToU. In the case you do not agree with the terms and conditions set forth herein, you must refrain from accessing and using the Site. Should you have any doubts in connection with these ToU, please contact support@once.app.

The Purpose of the Site

The purpose of the Site is to provide general and business information about the activity of the Company and, with respect to users that have created an account in accordance with the Service Terms and Conditions, enable the use of the services offered by us, consisting in the creation of online presentations and forms—the "Stories"—, the sharing of these Stories with your "Contacts", the analysis of interactions between your Stories and your Contacts and any other services as may be offered by us from time to time (indistinctly referred to as the "Services"). Your Stories and Contacts will be reffered to as your "Content".
The Site is not targeted towards, nor intended for use by, anyone under the age of 16. You must be at least 16 years old to access and use the Site and use the Services. If you are between 14 and 16 years old, you may only use the Site under the supervision of a parent or legal guardian.

Information available on the Site

We make our best efforts to ensure that all general and business information available on the Site is comprehensive and error-free, and we periodically review the contents, information, and any other data of any kind included on the Site. However, you acknowledge and accept that all data available on the Site is provided for information purposes only, and that the Company does not warrant nor accept any liability for any errors existing in the information. We recommend you that you search from time to time for updates of, or amendments to, the contents of the Site.

Your Use of the Site

You must use the Site complying with law and public order. In particular, you undertake to not use the Site to pursue illegal purposes, contrary to the rights and legitimate interests of us or any other third party, or in any other manner that may tamper, disrupt, overload or otherwise damage the Site or the Services. You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company in connection with the use of the Site or the Services.

When using the Services, You provide Us with Your Content. You are fully and solely responsible for Your Content downloaded, stored or posted through the Services including its legality, reliability, and appropriateness. You retain ownership of Your Content. You are informed that the use of the Services does not exempt You from making back-up copies.
You grant Us a non-exclusive right to use and store Your Content in order to operate and feed the Services through Your Account. We will not process Your Content for other purposes and will be taking measures for preventing unauthorized access, use, modification, deletion and disclosure of Your Content by Our staff.
None of Our employees shall have access to Your Content unless necessary for providing the Services. At Your request and after obtaining Your formal consent, Our employees may remotely connect to Your Account in order to assist You.
With respect to the Content, You undertake to comply with all legal and regulatory requirements, in particular those relating to Personal Data, including filing any declaration required by the local data protection authority.
You undertake to respect the rights of Third Parties, including privacy protection, personality rights, intellectual or industrial property rights such as copyrights, patent rights, designs and trademarks.
You may delete Your Content but if Your Content is shared with Third Parties, such Content may not be completely deleted.

Indemnity

You shall indemnify, defend, and hold the Company, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless, and will keep them indemnified from and against any claim, loss, expense, liability, damage or demand—including reasonable attorney's fees— relating to, arising from, or allegedly arising from your use of the Site in breach of the law, or a breach of these ToU or any other contractual obligation you have assumed vis-à-vis the Company.

Limitation of liability

We make our best efforts to ensure that the Site is available and fully functional. However, to the maximum extent permitted under applicable law we do not warrant that the Site will always be available, undisrupted, and error-free. In particular but without limitation, we shall not be held liable in the event of:

-Technical errors preventing a regular use of the Site and caused by force majeure circumstances, acts of God, or otherwise;
-Maintenance works impacting the availability and access of the Site;
-Damages based on the contents of the Site;
-Wrongful use of the Site, or use contrary to the law, these ToU, or any other agreement between you and the Company;
-Unauthorized third party access to the Site or the Services;
-Conflicts that arise between you and other users of the Site; or
-Contents uploaded by you to the Site.

Intellectual property

All works, trademarks, software, or other contents and creations displayed on the Site or otherwise provided or made available by us through the Site or the Services are owned by the Company or have been licensed to us by their owner. Unless expressly granted by their corresponding rightsholders or by law, you do not have any use or ownership rights upon the above-mentioned contents and creations other than for the use of the Site and/or the Services under the terms and conditions described in these ToU. Therefore, except when authorized in accordance with this div or these ToU, you may not distribute, reproduce or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.

You retain full ownership and intellectual property of Your Stories. You grant Us a non-exclusive, limited-term license to access, use, process, copy, distribute, perform, export and display Personal Data, only as reasonably necessary (i) to provide and maintain the Services; (ii) to prevent or address Services, security, support or technical issues; (iii) as required by law; and (iv) as expressly permitted in writing by You.
Unless otherwise specified, We may use Your name, logo and marks to identify You as Our client on Our Website and other marketing materials.
With respect to the Content, You undertake to comply with all legal and regulatory requirements, in particular those relating to Personal Data. If You are established in the European Union or if You process Personal Data of Third Parties established in the European Union or governed by European Union law, You must accept Our data protection addendum.

This notification process is consistent with the process suggested by the Digital Millennium Copyright Act ("DMCA") (the text of which can be found at the U.S. Copyright Office Web Site, www.copyright.gov).

If You are a copyright owner (or the authorized representative of said owner) You can report a suspected infringement to Us. You may submit a notification pursuant to the DMCA. Your notice shall contain the following: (i) Your name, mailing address, telephone number and email address; (ii) sufficient detail regarding the copyrighted work; (iii) the URL or other specific location on Our Website that contains the allegedly infringing material; (iv) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by You that the information contained in Your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner's behalf; (vi) an electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

Your notice can be sent to Our copyright agent at: support@once.app

After We receive a proper written notice, We will expeditiously remove or disable the allegedly infringing Content and notify the concerned User and, if requested, provide the report to the concerned User.

If You are not the copyright owner, You cannot report a suspected infringement to Us. If You believe that any Content infringes a Third-Party's copyright, You should advise the copyright owner directly.


Privacy and cookie policy

Your use of the Site and/or the Services may result in the collection and further processing of information, including information of personal nature. We will inform you whenever said collection and processing takes place, and the processing shall be governed and subject to our Privacy Policy and Cookie Policy.

Links to third parties' webpages

We are not liable for websites and contents provided by third parties that are linked or embedded in the Site or the Services, either as advertisement banners or otherwise included in any of the Site's contents. We shall have no obligation to review the contents of said webpages and the services or products that third parties may offer through them, and their existence does not imply that we support, promote, endorse, sponsor, guarantee, or recommend the linked websites, contents, services, or products. You acknowledge that terms and conditions may apply to the access and use of said services, products, and websites, and that you are responsible for reviewing and accepting them.

Termination

We may terminate or modify Your access to and use of the Services at any time, in particular if You fail to comply with these Terms of Use.
You may cancel Your Account at any time. The termination will be effective after the end of the subscription term.
Upon termination of the subscription, regardless of the reason, You shall not be able to access the Services and Your Account shall be deleted, along with Your Content.
We shall remove Your Content from Our servers immediately after the end of Your subscription, except for any Content required by law or regulation to be stored for a longer period.

Payments

Applicable fees for the use of the Services are displayed in euros (with taxes, if applicable).
You may consult Our pricing for the Services' subscription.
All fees due under these Terms of Use (the "Paid Plan") are payable in advance, on a monthly or yearly basis.
You agree that at the end of each month or year, depending of the Paid Plan, Your Services' subscription will automatically renew and Your payment method for such subscription will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that Plaid Plan, under the same conditions as the prior Paid Plan unless You cancel it or We cancel it. Invoices are sent to You by email.
If You failed to pay the fees due under the applicable Paid Plan, the Services subscription will be cancelled and We will suspend Your Account.

Amendments to the Site

We may update, delete, amend or modify the Services, the Site, and the information provided through the Site from time to time. Likewise, we may delete access to the Services or the Site from time to time, by providing prior reasonable notice.

Governing law and dispute resolution

These Terms of Use are governed by California law. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, CALIFORNIA COURTS SHALL HAVE JURISDICTION OVER ALL DISPUTES ARISING OUT OF THE VALIDITY, INTERPRETATION, EXECUTION AND/OR BREACH OF THESE TERMS OF USE AND OF THE SERVICES, REGARDLESS OF PLURALITY OF DEFENDANTS OR INDEMNIFICATION PROVISIONS.

Contact us

If You have any question about these Terms of Use, please contact Us at support@once.app


Miscellaneous

Notification. All notifications must be sent to the addresses specified in these Terms of Use, or by any means that shall prove reception of the notification.

The illegality, invalidity, nullity or unenforceability of any of the divs of these ToU will not affect the validity of its other provisions, which shall remain in full force and effect. Such divs are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted divs.

If, at any time, we fail to respond to a breach of these ToU by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in writing and signed by the Company.