General Terms of Use

General terms of use of Backlight

Effective date : 01/05/2021

1. Purpose

DIV-RIOTS publishes and operates Backlight.dev, Design Systems, code-side (hereinafter the “Application”) which allows developers (the “Developers”) and designers (the “Designers”) (together the “Users”) to collaborate in the design of a set of reusable IT components (hereinafter the “Components”), subsequently facilitating the creation of applications and websites.

The Application is available in SaaS mode on : https://backlight.dev

These general terms of use apply without any restriction or reservation to all the services provided by DIV-RIOTS on the Application (hereinafter the “Services”). They are accessible and printable at any time via a direct link at the bottom of the Application page.

The purpose of these general terms of use is to define the terms and conditions of use and access to the Application as well as the rights and obligations of the parties in this context.

These terms and conditions of sale prevail over all other general or specific terms and conditions which have not been expressly approved by DIV-RIOTS.

They may be supplemented, if necessary, by terms of use that are specific to certain Services, which supplement these general terms of use and, in case of any discrepancy, which prevail over the latter.

2. Application and Services operator, contact information

The Application and Services are operated by DIV-RIOTS, a société par actions simplifiée, registered with the registre du commerce et des sociétés of Nanterre under n° 880 139 449, the registered office of which is located at 14/30 rue de Mantes 92700 Colombes, France (hereinafter “DIV-RIOTS”).

DIV-RIOTS can be reached through the contact information below, especially with regard to any claim:

Mailing address: 14/30 rue de Mantes 92700 Colombes, France

Email address : contact@divriots.com

3. Duration of Services, termination

The Services are monthly or annual subscription-based services (hereinafter the “Subscription”).

The Subscription begins upon activation, provided that payment has been processed in accordance with Section 8 (“Financial conditions”) hereof, for the period of time selected by the User (hereinafter the “Initial Period”), from date to date.

It is then tacitly renewed, for successive periods of the same length as the Initial Period (hereinafter referred to, together with the Initial Period, as the “Periods”), from date to date, unless terminated by DIV-RIOTS or by the User, at the latest:

• 2 (two) days before the end of the current Subscription Period in case of a monthly Subscription;
• 1 (one) month before the end of the current Subscription Period in case of an annual Subscription.

The User may unsubscribe by sending an email for this purpose to DIV-RIOTS, whose contact details are set out in Section 2 (“Application and Services operator, contact information”) hereof.

DIV-RIOTS may terminate the Subscription by sending an email to the User.

Any started Subscription Period is due in its entirety.

DIV-RIOTS also reserves the right to close and delete any Account that remains inactive for a continuous period of 6 (six) months.

4. Access to the Application and Services

4.1. Legal capacity

The Application and Services are accessible:

• to any natural person with full legal capacity to be bound by these general terms of use. A natural person without full legal capacity may only access the Application and Services with the consent of their legal representative;
• to any legal person acting through a natural person who has the legal capacity to contract in the name of and on behalf of said legal person.

4.2 Application and Services for Professionals only

The Application and Services are designed and intended for professional use and are exclusively geared towards professionals who work in the IT field.

5. Registration on the Application

5.1 ****To use the Services, the User must either :

• Fill out the registration form available on the Application; or
• Be registered with one of the third-party applications listed on the Application and use their login credentials to those third-party applications in order to register on the Application. In this case, they must, if applicable, provide DIV-RIOTS with the additional information requested. The User expressly authorizes DIV-RIOTS to access their account data on said third-party application.

In any case, the User must provide DIOV-RIOTS with all the information marked as mandatory. Incomplete forms will not be processed.

5.2 The registration of a User automatically leads to the opening of an account in the User’s name (hereinafter the “Account”) giving them access to a personal space (hereinafter the “Personal Space”) that allows them to manage their use of the Services in a form and according to the technical means that DIV-RIOTS deems most appropriate to provide said Services.

5.3 The User warrants that all the information they provide in the registration form or through the above-mentioned third-party applications is accurate, up to date, true, and are not misleading in any way.

The User undertakes to update said information in their Personal Space in the event of changes, so that they always meet the aforementioned criteria.

The User is informed and accepts that the information entered for the purpose of creating or updating their Account constitutes proof of their identity. The information provided by the User is binding as soon as it is approved.

5.4 The User may access their Personal Space at any time after logging in with their username and password.

The User agrees to make personal use of the Services. The User also agrees not to allow any third party to use said Services on the User’s behalf; otherwise, the User agrees to take full responsibility for such use.

The User is equally responsible for maintaining the confidentiality of their username and password, as any access to the Application with the latter is deemed to be made by the matching User. If the User notices any unauthorized use of their Account, the User must immediately notify DIV-RIOTS using the contact information provided in Section 2 (“Application and Services operator, contact information”). In such a case, the User allows DIV­ RIOTS to take all appropriate measures.

5.5 The User can manage the Services through their Account in the Application.

Depending on the type of subscription taken out, the User may open sub-accounts to third-party users (the “Third-Party Users”).

It is up to the User to select the Third-Party Users who have access to the Service, within the limit of the maximum number of sub-accounts included in their Subscription, to determine the nature of the access granted to them, as well as the data and information to which they have access.

The User then sends an invitation to a Third-Party User by email. Afterwards, the Third-Party User will be able to connect to the Application using the email address on which they received an invitation and will be asked to choose a password.

The User alone is responsible for maintaining the confidentiality of their credentials and/or passwords. The User undertakes to ensure that the Users do not allow any third party to use them on their behalf; otherwise, the User agrees to bear full responsibility. The User expressly acknowledges that any use of the Application with these login credentials will be deemed made by the matching Users. If the User notices any unauthorized use of an Account, the User undertakes to immediately notify DIV-RIOTS, by any written means and in particular by email.

6. Acceptance of the general terms

6.1 Users who register on the Application accept these general terms when logging in.

• on the registration form for Users who self-finance their registration or register themselves;

• when logging in for the first time for Users whose registration fees are paid by a third party.

  6.2 Acceptance of these general terms must be unconditional. Any conditional acceptance is considered null and void. Users who do not agree to be bound by these general terms must neither access the Application nor use the Services.

7. Description of Services

The User may subscribe to Premium Services by subscribing to one of the Subscription packages offered by DIV-RIOTS under the conditions described in Section 3 (“Duration of Services”).

7.1 « Freemium » Services

The User may subscribe to “Freemium” Services in which they will have access to the Services, under limited conditions of use (e.g., limited number of Users), and/or features (some premium features are not available).

As these conditions are subject to change, the User may refer to the detailed fee schedule that is available on the website, for more information.

7.2 « Premium » Services

The User may subscribe to “Premium” Services in which they will have access to the unrestricted Services, for a limited number of Users in accordance with the Subscription taken out.

7.3 Other Services

DIV-RIOTS reserves the right to offer any other Service it deems useful, in a form and with the features and technical means it will deem to be the most appropriate to provide said Services.

8. Financial conditions

8.1 Free Service

“Freemium” Services are available free of charge to the User.

8.2 Fees for “Premium” Services

Fees for “premium” Services or, where applicable, for Subscriptions are indicated on the Application.

Unless otherwise stated, they are expressed in U.S. Dollars and do not include taxes.

DIV-RIOTS reserves the right, at its free discretion and under its own terms, to make promotional offers or to grant discounts.

8.3 Fees adjustment

The fees referred to in Section 8.2 (“Fees for ‘Premium’ Services”) may be adjusted by DIV-RIOTS at any time, at its free discretion.

The User will be informed of these changes by DIV-RIOTS by any written means (and in particular by email) at least 2 (two) months before the new fees take effect.

Once implemented, the new fees apply when the Subscription is renewed.

8.4 Invoicing

Access to the Application results in invoices that are sent to the User, by any means available, once every Subscription Period.

8.5 Payment terms

The subscription fees are automatically charged to the User’s credit card.

Payment is processed by Stripe, which itself keeps the User’s credit card information for this purpose. DIV-RIOTS does not keep any such information.

The Subscription fees are due and charged on the day of the Subscription, and then on the date of each renewal.

The User assures DIV-RIOTS that they have the necessary authorizations to use the chosen payment method. The User undertakes to take the necessary measures so that the automatic payment of the Subscription fees may be made.

8.6 Offset

The User expressly accepts that all obligations of payment of any amount of money arising between the User and DIV-RIOTS, that are not controversial as to their enforceability and amount, will automatically offset each other, whether the French “compensation légale” requirements are met or not. However, offsetting does not exempt the parties from their accounting obligations relating in particular to the issuance of invoices.

8.7 Payment defaults

The User is informed and expressly accepts that any late payment of any amount due on its due date will automatically result, upon receipt of the first formal notice by registered letter with acknowledgment of receipt and without prejudice to the provisions of Section 13 (“Sanctions for breach”), in:

1. the acceleration of all of the outstanding fees due by the User and their immediate payability;
2. the immediate suspension of ongoing Services until payment in full of all the sums due by the User;
3. the billing for the benefit of DIV-RIOTS of a late interest at the rate of 1.5 times (one and a half) the legal interest rate, based on the amount of all sums owed by the User.

9. Evidence

The User expressly acknowledges and accepts that:

1. the data collected by the Application and DIV-RIOTS’ IT devices/systems demonstrate the authenticity of the transactions that have taken place under these general terms;
2. this data is the main form of evidence admitted between the parties, particularly for the calculation of amounts due to DIV-RIOTS.

The User may access this data in their Personal Space.

10. Obligations of the User

Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations:

1. The User undertakes to comply with the laws and regulations in force as well as not to infringe third-party rights or public order, in their use of the Services.

2. The User acknowledges being aware of all the Services’ features and restrictions, including technical ones. The User alone is responsible for their use of the Services.

3. The User alone is responsible for their use of the Services and in particular for the relationships they may develop with other Users as well as for the information they will pass on to them within the framework of the Services. It is the User’s responsibility to exercise appropriate caution and good judgement in these relationships and communications. The User also undertakes, in their interactions with other Users, to observe the rules of common courtesy.

4. The User undertakes to make strictly personal use of the Services. As a result, the User refrains from assigning, granting, or transferring all or part of their rights or obligations hereunder to a third party, in any way whatsoever.

5. The User undertakes to provide DIV-RIOTS with all the necessary information and, more generally, to cooperate actively with DIV-RIOTS for successful implementation of the terms thereof.

6. The User alone is responsible for all contents, of any kind (editorial, graphic, audio, audiovisual, IT or other, including the name and/or image possibly chosen by the User to identify themselves on the Application) (hereinafter referred to as “Contents”), as well as the Components that the User disseminate within the framework of the Services.

   The User assures DIV-RIOTS that they have all the rights and permissions necessary to distribute these Contents and Components.

   The User agrees that such Contents and Components must be lawful, must not infringe public order, morals, or third-party rights, must not violate any legislative or regulatory provisions, and more generally, must not be likely to jeopardize the civil or criminal liability of DIV-RIOTS.

   The User thus refrains from disseminating, in particular and without this list being exhaustive:

   • Pornographic, obscene, indecent, offensive or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist Contents,
   • Counterfeit Contents or Components,
   • Contents that are prejudicial to the image of a third party,
   • Contents that are false, misleading or offering/promoting illegal, fraudulent or deceptive activities,
   • Contents or Components that are harmful to third-party IT systems (such as viruses, worms, Trojans, etc.),
   • and more generally, Contents or Components that may infringe third-party rights or be harmful to third parties in any way and form whatsoever.

7. The User is informed and accepts that the implementation of the Services and of the Application requires that the User be connected to the internet and that the quality of the Services depends directly on this connection, for which the User alone is responsible.

The User acknowledges that connecting through the Application may subject them to specific obligations, especially regarding tax and social matters.

The User alone is responsible for proper completion of all administrative, tax and/or social formalities as well as for all payments of contributions, taxes or duties of any kind that are due by the User in connection with their use of the Services. Under no circumstances will DIV-RIOTS be liable in this regard.

11. Warranties of the User

The User guarantees DIV-RIOTS against all complaints, claims, actions and/or demands that DIV-RIOTS may suffer from as a result of breach by the User or Third-Party User of any of these general terms.

The User undertakes to indemnify DIV-RIOTS for any damage it may suffer and to pay for all resulting costs, expenses and/or fines.

12. Prohibited conduct

12.1 It is strictly prohibited to use the Services for the following purposes:

• carrying on activities that are illegal, fraudulent, or infringing on third-party rights or safety,

• violation of public order or violation of applicable laws and regulations,

• intrusion into the computer system of a third party or any activity likely to harm, control, interfere, or intercept all or part of a third party’s computer system, jeopardizing its integrity or security,

• sending unsolicited or canvassing emails,

• carrying out operations aimed at improving the referencing of a third-party website,

• assisting or inciting, in any way or form whatsoever, one or more of the abovementioned actions and activities,

• and more generally any practice that uses the Services for purposes other than those for which they were designed.

  12.2 Users are strictly prohibited from copying and/or diverting the concept, technologies, all or part of the data, or any other element of the DIV-RIOTS Application for their own purposes or those of third parties.

  12.3 The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or hinder the continuity of the Services, (ii) any intrusion or attempted intrusion into DIV-RIOTS systems, (iii) any diversion of the Application’s system resources, (iv) any action that may place a disproportionate load on the latter’s infrastructure, (v) any attack on security and authentication measures, (vi) any action that may be infringing the rights and financial, commercial or moral interests of DIV-RIOTS or of users of its Application, and finally, more generally (vii) any violation of these general terms.

  12.4 It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or to the Application, as well as to the information that is hosted and/or shared there.

13. Sanctions for breach

Should a User breach any provision of these general terms, or more generally, should a User violate any applicable law or regulation, DIV-RIOTS reserves the right to take any appropriate measure, including:

1. to suspend access to the Services of the User who committed or participated in the breach or violation,
2. to delete any Content or Component posted on the Application in connection with the breach or violation in question, in whole or in part,
3. to post on the Application any informative message that DIV-RIOTS deems useful,
4. to notify any competent authority,
5. to take any legal action.

14. Liability and warranty of DIV-RIOTS

14.1 DIV-RIOTS undertakes to provide the Services diligently and professionally, it being specified that it is only subject to a best effort obligation, to the exclusion of any obligation to achieve a particular result, which the Users acknowledge and expressly accept.

14.2 DIV-RIOTS is not aware of the Contents and Components posted by the Users within the framework of the Services, on which it does not perform any moderation, selection, verification, or control, of any kind, and for which it only acts as a hosting provider.

Consequently, DIV-RIOTS may not be held liable for the Contents and Components the authors of which are third parties. Any possible complaint must first be directed to the author of the Contents or Components in question.

Contents and Components prejudicial to a third party may be sent to DIV-RIOTS in accordance with the terms provided for in Article 6 I 5 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy. DIV-RIOTS reserves the right to take the measures described in Section 13 (“Sanctions for breach”).

14.3 DIV-RIOTS acts as a broker in that it provides the Users with technical tools and resources to connect with other Users through the Application. Its liability is limited to the provision of these means, as described herein, and to bringing Users together.

DIV-RIOTS acts in its own name and does not enter into any legal act on behalf of Users who enter into contracts directly with each other.

DIV-RIOTS is not a party to the contracts entered into between the Users and may neither be held liable for any difficulties that may arise during the formation or performance of these contracts, nor be a party to any possible dispute whatsoever that may arise between Users notably with regard to products and/or services delivery, representations, warranties, and any other obligations whatsoever to which Users may be bound.

However, in order to constantly improve the quality of the Services, DIV-RIOTS invites the Users to share with DIV-RIOTS any comment and to provide DIV-RIOTS any information that they may wish to bring to its attention with regard to the quality of the operations carried out through the Services.

14.4 DIV-RIOTS does not guarantee Users any volume of business that they could do through the use of the Services.

14.5 DIV-RIOTS undertakes to carry out regular checks in order to verify the functioning and accessibility of the Application. For this reason, DIV-RIOTS reserves the right to temporarily shut down the Application for maintenance purposes. Similarly, DIV-RIOTS may not be held liable for technical issues or temporary unavailability of the Application caused by circumstances beyond its control, force majeure or disruptions to the telecommunications network.

14.6 DIV-RIOTS does not assure the Users that (i) the Services, which are subject to constant research in order to improve their performance and progress in particular, will be totally free from errors, defects or flaws, (ii) the Services, being standard and in no way offered solely to a given User based on their own personal constraints, will specifically meet their needs and expectations.

14.7 In any event, the liability that may be incurred by DIV-RIOTS under these general terms is expressly limited to only proven direct damages suffered by the User.

15. Intellectual property

15.1 Intellectual property of DIV-RIOTS

The systems, software, structures, infrastructures, databases and contents of any kind (text, images, visuals, music, logos, trademarks, databases, etc.) used by DIV-RIOTS in the Application are protected by all intellectual property rights or rights of database producers in force. All forms of disassembly, decompiling, decoding, extraction, re-use, copying and more generally, all forms of reproduction, representation, diffusion and use of any of these components, in whole or in part, without DIV-RIOTS’ authorization are strictly prohibited and may lead to legal proceedings.

15.2 Intellectual property of the User

The User acknowledges and agrees that, by posting Contents and/or Components on the Application, they intend to voluntarily and freely participate in the diversity of this information, in the spirit of a Community trade. As such and for the purposes of implementing the Services:

• The User agrees that their Contents and Components be distributed and reproduced for free by DIV-RIOTS on the Application for the sole purpose of implementing the Services.
• The User agrees that their Contents and Components be distributed by DIV-RIOTS by any means and on any medium for the sole purpose of providing the Services.
• The User acknowledges and accepts that the Contents and Components may be subject to modifications, in particular as regards their framing, their format and their colors, as well as to alterations or deteriorations in quality, depending on the technical constraints of the Application.
• The User renounces any right to ask DIV-RIOTS for any form of payment, fee, indemnity or financial offsetting in this respect.

16. Personal data

16.1 Protection of the User’s personal data

When the User visits the website in order to create their personal account, DIV-RIOTS acts as the data controller of the User’s personal data and processes it in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 as known as General Data Protection Regulation (hereinafter the “GDPR”).

To find out more about the use of their personal data as well as the exercise of their rights, the User is expressly requested to read the document entitled “Privacy and Cookie Policy”.

For any information on personal data, the User may contact DIV-RIOTS by email at : contact@divriots.com

16.2 Protection of Third-Party Users’ personal data

16.2.1 General provisions

As part of their contractual relationship, the User and DIV-RIOTS undertake to comply with all the laws and regulations in force regarding personal data processing, including the GDPR.

When the User creates sub-accounts for Third-Party Users while using the Services, DIV-RIOTS, within this framework, is authorized to process, on behalf of the User, the Third-Party Users’ personal data.

As such, DIV-RIOTS acts as data processor of the User, who is a data controller under the GDPR.

The processing characteristics are as follows:

Purpose for processing personal data	Carrying out the Services
Type of personal data processed	Third-Party Users contact information (in particular, last name, first name, email address)All personal data transmitted by the User as part of the Services
Categories of data subjects	Third-Party Users (third parties, e.g. employees or clients of the User, for whom the User has created sub-accounts)
Duration of processing	Duration of Services
Location	France
DIV-RIOTS’ authorized subsequent processors	Firebase Google, Stripe, Sendinblue, Typeform

The User is the data controller for the above-mentioned processing. The User must fulfill their obligations pursuant to the GDPR, in particular with regard to the obligation to inform the data subjects, to determine the appropriate legal basis for processing operations, to maintain a record

of processing activities, and more generally, to comply with the principles derived from the regulation.

The data provided by the User to DIV-RIOTS for the purpose of performing the Services remain the sole property and under the sole responsibility of the User.

16.2.2 Obligations of DIV-RIOTS towards the User

• Data processing :

As a processor, DIV-RIOTS undertakes to:

1. process personal data only for the sole purpose(s) which is/are the subject of the processing;
2. process personal data in accordance with the User’s documented instructions, including as regards transfers of personal data to a country outside the European Union.

If DIV-RIOTS considers that an instruction constitutes a violation of the GDPR or of any other provision of Union law or of Member States law relating to data protection, it must immediately inform the User.

In addition, if DIV-RIOTS is required to transfer data to a third country or to an international organization, under Union law or under the Member State law to which DIV-RIOTS is subject, DIV -RIOTS must inform the User of this legal obligation before processing, unless the law in question prohibits such information for important reasons of public interest.

• Other processors :

DIV-RIOTS is authorized by the User to use processors (hereinafter, the “Subsequent Processors”) to carry out specific processing activities. On the date of signature hereof, DIV-RIOTS is authorized to use the above-listed Subsequent Processors.

In case of addition or replacement of the above-listed Subsequent Processors, DIV-RIOTS notifies the User in advance and in writing. This information must clearly indicate the subcontracted processing activities, the identity and contact information of the Subsequent Processor as well as the dates of the subcontracting agreement. The User has a period of 15 (fifteen) calendar days from the date of receipt of such information to present their legitimate and well-founded objections. In the absence of notification of objections after this period, the User will be deemed to have authorized the use of said Subsequent Processor.

The Subsequent Processor is required to comply with the obligations of this Contract on behalf of and according to the instructions of the User. It is the responsibility of DIV-RIOTS to ensure that the Subsequent Processor provides the same sufficient guarantees as to the implementation of appropriate technical and organizational measures in such a manner that processing will meet the requirements of the GDPR. If the Subsequent Processor does not fulfill its obligations in terms of data protection, DIV-RIOTS remains fully responsible to the User for the performance by the Subsequent Processor of its obligations.

• Personal data transfer outside of Europen Union

DIV-RIOTS is authorized to transfer the personal data processed within the framework of the Contract hereof to countries outside the European Union, subject to the implementation of appropriate safeguards as defined in Chapter V of the aforementioned regulation.

• Provision of information

It is up to the User to provide the appropriate information to the Third-Party Users concerned by the processing at the time of data collection.

DIV-RIOTS undertakes to reply as quickly as possible to any request for information received from the User, whether in the context of a request for the exercise of their rights by data subjects, an impact assessment, or a request presented by the data protection authorities or the User’s data protection officers.

• Notification of personal data breaches

DIV-RIOTS notifies the Client of any personal data breach as soon as possible after becoming aware of it. This notification is accompanied by any useful documentation in order to allow the User, if necessary, to notify the competent supervisory authority of such violation.

• Security and confidentiality of personal data

DIV-RIOTS undertakes to implement appropriate technical and organizational measures to ensure the security, confidentiality and integrity of personal data, its storage as well as its restoration in the event of a physical or technical incident. DIV-RIOTS also ensures that the persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

• Data fate

After termination of the Services, DIV-RIOTS undertakes, to either return or destroy personal data, at the User’s choice. The return must be accompanied by the destruction of all existing copies in DIV-RIOTS’ IT systems, unless any applicable law requires their retention.

• Documentation

DIV-RIOTS provides the User with the necessary documentation to demonstrate compliance with all its obligations and to allow for audits, including inspections, to be conducted by the User or another auditor mandated by the User, and contribute to such audits. The User may carry out audits once a year and at their own expense. The User will inform DIV-RIOTS of the audit with a minimum notice of two (2) weeks. DIV-RIOTS reserves the right to refuse the appointment of an auditor who is from a competing company. The audit must be carried out during DIV-RIOTS’ business hours and in such a way as to avoid as far as possible interference with DIV-RIOTS’ business. The audit may not therefore interfere in any way whatsoever with (i) the technical and organizational security measures implemented by DIV-RIOTS, (ii) the security and confidentiality of DIV-RIOTS’ other clients’ data, (iii) or the proper running and organization of DIV-RIOTS’ production.

The User will also ensure that the auditor and, more generally, the audit staff are subject to appropriate confidentiality obligations.

Where possible, the User and DIV-RIOTS will agree in advance on the scope of the audit. The audit report will be sent to DIV-RIOTS in order to enable the latter to make observations or comments in writing, which will be attached to the final version of the audit report. Each audit report will be considered confidential information.

16.2.3 Obligations of the User towards DIV-RIOTS

As data controller, the User undertakes:

1. to provide DIV-RIOTS with the personal data referred to above, to the exclusion of any irrelevant, disproportionate or unnecessary personal data as well as to the exclusion of any “special” data within the meaning of the GDPR, unless justified for processing reasons, provided that justification is established by the User who must take all appropriate measures for such data, in particular prior information, consent and security;
2. to collect, under their responsibility, in a lawful, fair and transparent manner, the personal data provided to DIV-RIOTS for the performance of its services, and in particular, to secure the legality of this collection as well as of the information due to data subjects;
3. to document in writing any instructions regarding the processing of data by the User;
4. to ensure, beforehand and throughout the duration of the processing, compliance with the obligations provided for by the applicable legislation.

17. Force majeure

Under no circumstances will the parties be held liable for failure or delay in performance of these general terms due to a case of force majeure as defined by Article 1218 of the Civil Code and recognized by case law, including strikes, terrorist activities, riots, insurgencies, wars, government actions, epidemics, natural disasters, or faults attributable to a third-party telecommunications provider.

The occurrence of a case of force majeure suspends performance of these general terms upon receipt by one party of notice sent by the other via registered letter with acknowledgment of receipt.

If a case of force majeure, which prevents, delays, or hinders the performance of the obligations of a party, continues beyond a period of 30 (thirty) days, these general terms may be terminated, where appropriate, immediately and automatically, without legal formalities, by either party, by any written means, without any compensation to the other party.

18. Modifications

DIV-RIOTS reserves the right to modify these general terms at any time.

The registered User will be informed of these modifications by any means available at least 7 (seven) days before they become effective.

If the User has taken out a Subscription, the modified general terms will apply as of the renewal date of such Subscription, once effective.

The User who does not accept the modified general terms must unsubscribe from the Services in accordance with the terms set forth in Section 3 (“Duration of Services, termination”).

The modified general terms apply immediately to non-registered Users who use the Services after they became effective. Unregistered Users are therefore advised to regularly check the last effective version of the general terms available on the Application.

19. Language

The French language version of these general terms governs any conflict with a translation into any other language.

20. Governing law

These general terms are governed by French law.