Terms of use

These Terms of Use (hereafter referred to as “Terms of Use”) constitute a legally binding agreement between Compliance Labs, a company established under French laws, and the Users (hereafter referred to as “Users”) of Compliance Labs’s Websites and Services. By accessing and using the Websites and Services, you agree to be bound by these Terms of Use, which govern your use of the Websites.

These Terms of Use apply to all users of the Websites and Services, including software buyers, vendors, reviewers, industry professionals including consulting firms, and media relations professionals.

We reserve the right to periodically amend or modify these Terms of Use. It is your obligation to review these Terms of Use regularly for any alterations or updates. Your continued engagement with our Sites and Services following the posting of such amendments signifies your consent to the revised Terms of Use.

After reviewing the following terms and conditions thoroughly, if you do not agree to the terms and conditions, please do not use this Website.

Your access and use of the Websites and Services mean that you have read, understood, and consent to be legally bound by these Terms of Use. If you do not agree with these Terms of Use, then you must not access or use the sites or services.

In view of the foregoing premises, you the User, hereby agree to the following:


Users Eligibility Criteria

The Services and Sites are explicitly designed for Users who have attained the age of 18 years or above. Any usage or access by individuals under the age of 18 is strictly forbidden. By engaging with the Sites and Services, you affirm and guarantee that you meet the minimum age requirement of 18 years.

 

Establishment of user accounts

Upon establishing a user account, you commit to:

  • Provide and maintain accurate, current, and complete information about yourself and your company as may be required to create a user account.
  • Maintain the confidentiality of your account and log-in credentials, if any; and restrict access to others.
  • Bear sole responsibility for all activity that occurs under your account. If we have any reason to believe that the information you have provided is inaccurate, incomplete, or impersonating another person, we may suspend or terminate your account. All registration information will be collected, stored, and used in accordance with our Privacy Policy.
 
 

Websites Usage Agreement

By accessing and using our Websites, you agree that you are responsible for your actions and for all content you generate on the Websites. You hereby represent and warrant, to the best of your knowledge, that:

  • You have all necessary right, power, and authority to enter this Terms of Use and to perform all your obligations hereunder.
 
  • All information and content that you post or provide to gain access to any and all of the Websites and Services are true, accurate and not misleading and that you will not allow any other person or entity to use your account.
 
  • The information and content that you post, transmit, upload, e-email, or otherwise make available on our Websites, e.g., images, logo, trademark, is accurate and unrestricted by third-party rights.
 
  • You will, when posting content on our Website at all times, adhere to all confidentiality and proprietary provisions on our Websites, and will be liable for any liability arising out of the submission of your content through the Websites and our Services.
 
  • You agree not to post or otherwise provide user content that is illegal, defamatory, malicious, harassing, invading privacy, unconstitutional, unethical, underage, pedophilic, pornographic, obscene, promoting illegal activities, or violating local, state, national, or other applicable laws or regulations.
 
  • You agree not to post or otherwise provide user content that you do not have the right to provide under any law, including but not limited to intellectual property laws such as trade secret, copyright, trademark, patent, or other proprietary rights of any party, privacy law. This includes insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.
 
  • Post or otherwise provide user content that contains a software virus, or any other code files or programs designed with the purpose to interrupt, destroy, facilitate the disruption of, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment.
 
  • Forge headers or otherwise manipulate identifiers to disguise the origin of any user content posted on the Websites.
 
  • Frame or utilize framing techniques to enclose any content or other proprietary information included on the Websites without Compliance Labs’s express written consent.
 
  • Not attempt to avoid, bypass, reverse engineer, interfere with, deactivate, impair, descramble, or otherwise circumvent any technical measure implemented by Compliance Labs to regulate and protect the Websites and Services utilized, therefore.
 
  • Not use any automated means or form of data scraping or data extraction to access, query, download or otherwise collect our content or related information from our Websites or otherwise without authorization use or upload our content; or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools);
 
  • Not duplicate, download, publish, modify, or otherwise distribute our Content for any purpose other than for your own individual use.
 
  • Binge and distribute our content, Retrieves and “harvest” the personal information of other users without their consent for the purpose of transmitting unsolicited commercial mass mailings, “spamming” or broadcasting for as well any other illegal use.
 
  • Not access our Websites and Services other than through interfaces expressly authorized by Compliance Labs and these Terms of Use.
 

Compliance Labs reserve the right to monitor and terminate your activity at any time on our Websites as well as to remove or edit any content in our Websites for any reason, at any time (with or without notification) in the event of violating these Terms of Use.

 

Compliance Labs Vendor Portal, Software Listings & Services

How our vendor services work:  each vendor, has a vendor account and software listing that it can access and through the vendor portal. A vendor account and associated software Information, published on our Websites are non-cancellable. We create our software vendor listings from information in the public domain to give as full a picture as possible of each segment of the software industry for cybersecurity regulations, standards & frameworks.

Compliance Labs vendor portal: a self-service tool provided to vendors, who can access it to enter and update certain aspects of their vendor accounts and software information.

Vendor accounts: vendor accounts, do not have individual owner accounts; rather, vendor accounts are established based on publicly available company information in order to administer the services and manage content on our Websites. We create vendor accounts for purposes of managing our services, hence such accounts are non-cancellable.

Vendor software listings: vendor software listings are descriptions of vendor’s software, including vendor name and logo, software name and description, screenshots, from publicly available content, vendor contributed edits, and other creation of ours or licensed by us which appears on our Websites. Vendor shall further ensure that all vendor content it provides or authorizes for purposes of its software listing, and other software information, is to be in compliance with these Terms of Use. Listed company names are service marks and trademarks of their respective companies.

 

Intellectual Property Rights

Our Websites contain content created by us and our Users. This section describes ownership and usage rights for each type of content. The names of listed software are the service marks and trademarks of their respective vendors.

Users: You hereby represent and warrant that you own or have secured all necessary intellectual property rights in the content that you transmit, post, upload, email, or otherwise make available to us or on our Websites. You further agree to be liable for all such Users IP.

Users grants to Compliance Labs, a worldwide, irrevocable, nonexclusive, royalty-free, and fully sub-licensable right with the full right to enforce copyrights against anyone copying, republishing, distributing, edit, scrape, or prepare derivative works that involve Users IP dimensions to use, reproduce, translate, modify, create derivative works of, publicly display, communicate, and distribute Users IP in any form through any the electronic or other media known or developed at any time in the ordinary course of our business.

We hereby reserve all intellectual property rights not expressly granted hereunder.

Software vendor: Vendor will retain all right, title and interest in and to its content sent to Compliance Labs for updating or changing its listing, and its logos, and screenshots and will grant us uses in the ordinary course of business; and to alter or remove the vendor content at a choice of our sole discretion.

Software listing: Compliance Labs retains all rights, title and interest in and to the software listing that it creates from publicly available content, and grants to vendor a free license to use, update and (at our discretion) modify software vendor listing.

Compliance Labs: This refers to Compliance Labs websites and all intellectual property rights therein, including without limitation any such information or software vendors listings we reference from publicly available content, along with our Services, constitute the property of Compliance Labs, and are protected by international copyright, trademark and other intellectual property laws.

Compliance Labs grants Users a non-exclusive, revocable, worldwide, royalty-free license to access and download the Compliance Labs IP for User’s personal use consistent with these Terms of Use, and international copyright law. Unless otherwise expressly permitted by copyright law, you will not create, modify, display, copy, reproduce, use, distribute, derivative works of, or otherwise exploit the Compliance Labs IP without the express written consent of Compliance Labs or the applicable copyright owner.

 

Addressing Copyright Infringement

We are committed to upholding intellectual property rights and actively discourage infringement on our Sites.

If you are a copyright owner, or an authorized agent, and believe that your copyright has been infringed upon on our Websites or through our Services, you are encouraged to contact us at contact-us@clabslive.collectif-cargo.fr.

We reserve the right to pursue legal action against anyone who knowingly and materially submits a false notification under this section, in violation of the law.

 

Digital Services Act (DSA) Compliance Notice for EU Users

The Digital Services Act (DSA) establishes comprehensive regulations for digital service providers within the European Union (EU), aiming to create a secure and reliable online environment for all Users. For further details on the DSA, a dedicated resource can be accessed here. Our commitment to adhering to the DSA involves proactive oversight and moderation of the content and activities on our platforms, alongside championing the rights of our EU-based Users.

If you come across any content or activities on our platforms that appear unlawful, contravene our Terms of Use, or infringe upon the rights and safety of individuals, we urge you to report these instances promptly. Please direct your concerns to contact-us@clabslive.collectif-cargo.fr.

 

Commitment to Data Protection

In the execution of our respective duties under these Terms of Use, each of us agrees to adhere to all relevant data protection laws and regulations and with the terms outlined in our Privacy Policy, which describes the methods we employ to collect, utilize, and protect your personal information (Information) while providing Services and enhancing your Websites experience.

By interacting with us through email, or engaging in any transactional activities on our Websites, you explicitly consent to receiving electronic communications from Compliance Labs. This consent encompasses emails and other forms of electronic engagement.

Compliance Labs prioritize security and strive to ensure that our Services and Websites comply with all applicable laws by implementing industry-standard technical, physical, and operational controls.

 

Representations & Warranties

The Users affirms, to the best of their knowledge, the following:

  • Authority: Possession of all necessary rights, power, and authority to agree to these Terms of Use and to meet their contractual commitments.
  • Content Accuracy: Assurance that all information, including content, reviews, and screenshots, provided to Compliance Labs or on our Websites, is accurate and not subject to third-party claims.
  • Rights Compliance: No violation of any third-party rights, including but not limited to intellectual property, publicity, privacy, consumer protection, tort, and product liability rights.
  • Security Standards: Adherence to all relevant security standards, ensuring all provided content is free from viruses or malicious software.
  • Lawful Compliance: Full compliance with all applicable laws, regulations, and statutes.
 

Compliance Labs, on our part, represent and warrant, based on our knowledge, that:

  • Authority: We hold all necessary rights, power, and authority to enter into these Terms of Use and fulfill our obligations.
  • Third-Party Rights: Our Services do not infringe on any third-party rights, including intellectual property, publicity, privacy rights, and more.
  • Legal Compliance: Our provision of Services is in full compliance with applicable laws, regulations, and statutes.

Disclaimer:

  • User Risk: The use of our Websites and Services is at the sole risk of the User.
  • As-Is Basis: Our Sites and Services are provided “as is” and “as available,” without any warranties, either expressed or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • No Responsibility for Listings: While our Websites list software vendors, we do not ensure the legal or regulatory compliance of these software vendors. Users are encouraged to directly consult the software vendor for such information.

No Guarantees: We do not guarantee that our Websites will be secure, continuously available, or error-free, nor do we promise that any errors or defects will be corrected. We also do not assure that the content on our Websites is accurate, complete, or suitable for your specific business needs.

 

Limitation of Liability Clause

Both parties, Compliance Labs and the Users, agree that neither shall be held liable for any indirect, consequential, special, exemplary, or punitive damages arising from or connected to these Terms of Use or the usage of the Websites and Services. This encompasses, but is not limited to, losses of profits, revenue, interest, goodwill, as well as data corruption or loss, or any interruptions in business operations, irrespective of the nature of the claim (be it contract, tort, or another legal theory), even if previously advised of such potential damages.

Notwithstanding the foregoing, the liability of each party for direct damages under these Terms of Use shall be capped, except in cases involving:

  • a breach of indemnification or confidentiality obligations, or
  • instances of fraud, willful misconduct, or gross negligence. The maximum liability owed by either party to the other for direct damages shall not exceed the greater of the following two amounts:
    • An amount equal to twelve (12) times the monthly fees that were paid or payable in the month immediately preceding the claim; or
    • An amount that equals the total fees paid or payable by the User over the twelve (12) month period immediately preceding the claim.

This limitation of liability is designed to establish a predictable framework for potential damages, thereby protecting both parties from unforeseen and potentially ruinous financial exposures.

 

Indemnification Clause

Both parties commit to indemnify, defend, and hold harmless the other party, and employees as Indemnitee against all third-party claims, liabilities, losses, and expenses, including but not limited to damage awards, settlements, and reasonable attorney fees. This obligation is in connection to any breach of these Terms of Use by either party, provided that the indemnification does not apply to losses and expenses resulting from the negligence or wilful misconduct of the Indemnitee.

 

Termination Policies

Voluntary Termination by Users: Users have the option to terminate their user account at any given time by forwarding a termination request to contact-us@clabslive.collectif-cargo.fr. We aim to deactivate the user account within 3 business days from receiving such a request. Post-termination, Users might retain limited access to certain sections of our Websites and Services but will lose access to full functionalities.

For details on the termination of software vendor accounts, reference should be made to our Terms of Use.

Termination by Compliance Labs: We reserve the unilateral right to terminate or limit User’s access to our Websites and Services, or any portion thereof, at our discretion, without any penalties and without prior notice, should we determine that the Users is in violation of these Terms of Use. Any actions by the Users that breach these Terms, including but not limited to tampering, hacking, or compromising the security or functionality of our Websites and Services, could not only result in termination but also expose the Users to civil and criminal liabilities.

 

Force Majeure Clause

Both parties are exempt from liability for any inability or delay in fulfilling their obligations under these Terms of Use due to force majeure events. These events include, but are not limited to, natural disasters, acts of God, governmental actions, wars, terrorism, labor disputes, and power outages, provided these are beyond a party’s reasonable control.

 

Governing Law & Jurisdiction

These Terms of Use are subject to the jurisdiction of France, excluding its conflict of interest principles.

  • Exclusive Legal Venue: Any legal claims or disputes arising from these Terms of Use shall be exclusively resolved in the federal or state courts located in France. Both Compliance Labs and the Users agree to submit to the personal jurisdiction of these courts.
  • Time Limitation for Claims: Any claim or cause of action related to the Websites, Services, or these Terms of Use must be initiated within one year after the claim or cause of action arises; otherwise, it is permanently barred.


Confidential Information

Compliance Labs will hold all confidential material of the vendor that is received from the vendor and that relates to the Services, whether marked as confidential at the time of receipt in writing or otherwise, which the vendor orally assigns as confidential through written notice at the time of disclosure, and which a reasonable person should regard as being confidential because of its contents or nature. The obligation of confidence is not intended to apply to information which:

  • Is publicly known at the time of its disclosure.
  • Became publicly known and made generally available after disclosure by vendor to Compliance Labs.
  • Is possessed by Compliance Labs when obtained from the vendor free of any concept of privacy.
  • Compliance Labs may disclose any such information to the extent that it is required to do so by law.

 

Waiver and Severability

Failure by either party to enforce any breach of these Terms of Use does not constitute a waiver of the right to enforce any subsequent or similar breaches.

Should any provision of these Terms of Use be deemed invalid or unenforceable under applicable law, such provision will be severed, leaving the remainder of the terms in full force and effect.

 

Entire Agreement

These Terms of Use, and Privacy Policy, form the complete and exclusive understanding between the parties regarding their subject matter, superseding all prior agreements and communications.


Last updated on 20 May 2024.

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