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General terms of use

The original version of this document is in French (France). In case of discrepancies between the translated and the French version of this agreement, the French version shall prevail. These terms of use govern your access to and use of Ozwillo’ services, including, in particular, APIs, applications, buttons, email alerts, and any other information, texts, graphics, photos and any other documents put online, downloaded, or appearing in the Services (collectively called the “Content”). Your access and use of the services are subject to your acceptance and compliance with these Terms. You agree to be bound by these terms by accessing or using the Services.
Last version : 01/03/2016

Ozwillo in principle
The Ozwillo platform (hereafter called “Ozwillo” or “the Service”) is developed and operated by a European consortium within the scope of a project financed by the European Commission (CIP ICT PSP ...). Ozwillo is the technical, legal and economic base, which enables the creation, coordination and guarantee of a common good of structured data reusable by everyone. Access to the service is open to everyone.
Its founding principles are :
Constitution of a common good: the data are shared to be used by all (while respecting access rights and use licenses), and commonly governed (thus neither by a private structure, nor by a state structure). It allows application compatibility through the use of shared data (source sharing), a co-construction (each contributes to the construction of data) of the mediation needs. Each has rights and duties on this common good.
Catalyst of collective intelligence: this common good favours the cooperation, the creation of collective intelligence around the shared data. Ozwillo allows to catalyse and to incubate innovations, to favour local and global cooperation, in network and to create common practices. Sharing data gives everyone, whatever his territory, the possibility of creating new services.
Guaranteeing the protection of the users: the users (in the broad sense: citizens, companies, communities, etc.) must have strong guarantees (and should be able to rely on these guarantees, within the framework of one “loyal cloud“):
- Legal security, protection of personal data
- Reversibility (a guarantee to « take back » their data)
- Access without any discrimination
- Transparency

Confidentiality, personal data
The Ozwillo consortium undertakes to take all necessary measures to guarantee the security and confidentiality of the information provided by the user. The Ozwillo consortium guarantees that the users of the Service have the rights of access, rectification and objection stipulated by the law n° 78-17 of January 6, 1978 on Data Processing, Files and Individual Liberties.
The Ozwillo consortium will not trade the information and documents transmitted by the user via the Service and will not communicate them to third parties, except in the cases stipulated by law.
The Ozwillo consortium reserves the right to inform you of and to suggest services in relation with your personal data to you. The personal data entered directly via the Ozwillo portal or enriched through using a service are reserved for the exclusive use of their owner. Any access to these data by a third party service is subject to their owner’s express acceptance to access these data. The data transmitted by the user remains under his or her control, and they can be modified or deleted any time by the user. However, by authorising access to his or her data by third party applications, the user accepts that data will be processed in accordance with the terms of use of these applications. Users (in particular non-Europeans) agree that the personal data will be transferred, and processed in Europe in accordance with the conditions stipulated in the Directive 2002/58/EC on privacy and electronic communications.

Use of the Ozwillo Service and partner services
The user agrees to only use the Ozwillo Service for the purposes authorised by (a) these terms and (b) any law, regulation, practice or principle applicable in the country concerned. The user undertakes not to access (or attempt to access) the Ozwillo Service using any automated means whatsoever (in particular, scripts, web crawlers or similar technologies) and to comply with the instructions mentioned in any robots.txt file used on the Ozwillo portal.
The user must not use the Ozwillo services and the store’s applications to transfer, share, or store content deemed illegal under the law (which). The user acknowledges that he or she is solely liable (and the Ozwillo consortium is not liable to you or third parties in any way) for your use of the Service, any breach of your obligations, as defined by the Terms, and for the consequences of such breach (including the losses or damage suffered by Ozwillo)

The user agrees that Ozwillo and/or third parties hold all rights, certificates and interests relating to the Ozwillo Service and to the services accessible via Ozwillo. The use of the Ozwillo Store gives you the right to enter into contracts (and/or to perform electronic transactions). You acknowledge that your electronic requests constitute your consent and your intention to be contractually bound and to pay for these contracts and purchases. Your consent and intention to be contractually bound by the electronic requests apply to all records relating to your transactions on the site, including requests for cancellation, policies, contracts and subscriptions. You may need certain hardware and software, which you are exclusively liable for, to access and conserve your electronic records.

Limit of liability
When the user accesses the online services of partner organisations, he or she is subject to the general terms of use for the online services used. Each service provider is liable for the services it offers.
In particular, the automatic update or upgrade of applications, which may incur loss of information or a malfunction in other applications, is the sole responsibility of the service provider.
The information about the applications displayed in the Store are entered and maintained by the relevant service providers. Ozwillo supplies the means to optimize the clarity and usability of this information for the user, but cannot be held liable for its accuracy. The service providers can suspend the use of their services providing that all the user data are returned, without incurring costs for output process, with a minimum 6 month notice and maintenance warranty period.

Security
We do our utmost to make Ozwillo a secure service but we cannot guarantee total security. We need your help to ensure security which includes the following commitments from you:
You will not ask for connection information for, and will not access, an account belonging to someone else.
You will not inform another person of your connection data to Ozwillo.
You will not obtain information on users and will not access Ozwillo using automated methods (web crawlers, spiders, etc.) without our prior permission.
You will not use Ozwillo for an illicit, illegal, malicious or discriminatory purpose.
You will not act in a way which could deactivate or overload or otherwise prevent the correct functioning or display of the Ozwillo service (such as an attack, leading to a denial of service or interference with the display of Ozwillo’ pages or other functionalities).
You will not allow or encourage infringements of this Declaration or our policies.

Registration and security of accounts
In order to fully benefit from our services, it is recommended to supply true information. The user remains liable for the data transmitted to the online services of Partner Organisations even if they are transmitted by technical means supplied in the Service.
Although the Ozwillo social graph enables to relate your user account to private or public organisations, an Ozwillo account nevertheless remains associated to a physical person.
The Ozwillo social graph enables anyone to contribute to the shared data by creating new public or private organisations. The declarant automatically becomes the administrator of this organisation by default.
Any “beneficiaries“ in an organisation existing in the social graph can ask to become its administrator to the current administrator. The negotiation occurs directly by mutual agreement between the parties. The administration of an entity can be withdrawn if it is fraudulent. Claiming the administration of an organisation without being either responsible or accredited for it constitutes an usurpation. The administrator of an organisation can make invitations to other users on this organisation’s behalf. Users are responsible for either accepting or refusing these invitations.
The Ozwillo consortium undertakes to take all necessary precautions to maintain the security of the data collected from the user and to avoid misrepresentation or corruption of the data or prevent third parties from gaining access to them. The user shall not transfer his or her account to a third-party without obtaining previous written authorisation from us.
The user can modify his or her personal data at any time. To ensure the smooth operation of the services, in the event of a change email address, it is recommended to update the address as soon as possible.

Deletion of the account
The user can choose to delete all account information by deleting its Ozwillo account. Only the information is retained to respond to possible challenges and statistical needs of the service. The Ozwillo consortium reserves the rights to delete an account for unlawful use of the services or in contravention of the law.

Shared Datas
The user can decide to delete all the information from his or her account by deleting his/her Ozwillo account. Only information which is relevant for responding to potential disputes and which meets the statistical requirements of the service will be kept.
The Ozwillo consortium reserves the right to delete an account if the services are used in an illegal manner or in a way that contravenes the law.

Shared data
The non-personal and non-sensitive data presented and produced by the Partner services are, by default, created and reusable under ODB licence. Users of the services receive information enabling them to choose another licence if they wish, and to assign restricted access rights to the data produced by using the services. The publication of the data must not infringe the prior rights over this data.
If an account is terminated, the user can recover the data in the files he/she shares without costs. The data will be returned ‘as is’. If this data is reused by a third party application, a copy of the data will be kept, and the supplier of the third party application will be informed that the data are no longer up-to-date.

Terms and conditions governing service suppliers
The service supplier is liable for the operation of its application and its content. By publishing a service on the Store, it undertakes:
- To respect the exchange protocols with Ozwillo APIs, in particular from a point of view of security,
- To comply with best practices relating to the development and adaptation of applications described in the « Guidelines for developers » section,
- To request access only to data which is strictly required for the operation of its application,
- To comply with the licence(s) which apply to the shared data reused in its application,
- To publish the privacy policy concerning the personal data for all applications,
- To ensure respect of the users’ right to be forgotten and to use all the necessary means to delete all personal data, apart from data which may be needed to respond to potential disputes,
- Not to use users’ data in advertising, not to transfer these data to advertising exchange systems or networks, data brokers and other advertising tools without the user’s express consent,
- To provide users with a simple means to be contacted. The Ozwillo consortium reserves right to disseminate this information in the event of a dispute,
- To provide a technical assistance service for their applications,
- Not to sell or apply licences to our API interfaces or our tools,
The Ozwillo consortium reserves the right:
- To test the applications to ensure their proper operation and integration into the Store,
- To suspend a partner service if these terms are breached.
Our logos and graphic charter are available to all service providers or partner organisations involved in a contractual relationship with Ozwillo. Ozwillo reserves the right to publicise its relationship with a service supplier.
The Ozwillo consortium undertakes to give a service supplier a minimum of 6 months’ notice in case of any modifications.
Suppliers based in a country which is subject to an embargo with France cannot conduct commercial activities with the Ozwillo consortium.

Termination
If you infringe the letter or spirit of these terms or otherwise create a risk of legal proceedings against us, we can stop supplying all or part of the Service to you. We will inform you by email of the necessity to comply with these terms. If the situation does not change you will be sent an email informing you of the period before the suspension of the Service, according to the seriousness of the breach established.
You can also delete your account at any time, as soon as the termination is effective for all the services used. If appropriate, this Declaration will become null and void.

Disputes
You agree that any claim (“claim”) arising out this Declaration or to Ozwillo shall be brought exclusively in a French court and you agree to comply with the jurisdiction of these courts within the scope of such proceedings. French law is the law governing this Declaration as well as any proceeding between you and us, without regard to conflict of laws principles.
Ozwillo cannot be held liable for the consequences of the fraudulent actions by another user. The above provisions shall apply, and the user’s case will be transferred to the competent court.
The Ozwillo consortium and its industrial partner have a high availability target for the Service (99%). A higher unavailability will be communicated and explained to the service suppliers, but they cannot claim any loss for this against the Ozwillo consortium or its partner.