Last updated: October 13, 2021
Welcome to Rizom-Lab Website. This Website is owned and operated by Rizom-Lab. The present Terms and Conditions (the “Terms”) are intended to govern all relations between Rizom-Lab and any natural or legal person using this Website (https://dev.rizom-lab.com/), its support section (https://support.rizom-lab.com/support/home) and the RizomUV Discord (https://discord.com/invite/UjsFx7Y).
These Terms govern your access to and use of this Website, its support section and the RizomUV Discord and, except as otherwise provided in these Terms, the Software (as defined hereafter), text, graphics, images, information, tutorials, information or other materials that may or may not be available for purchase through this Website (collectively the “Services”) constitute a binding legal agreement between Rizom-Lab and you.
Certain areas of this Website and your access to or use of certain Services may have different terms and conditions that may require You to agree with and accept them. If there is a conflict between these Terms and the terms and conditions posted in a specific area of this Website, the Terms and Conditions posted on the specific area will prevail with respect to your use of or access to that area of this Website or Services.
By using this Website, its support section and the RizomUV Discord, by using any Services and purchasing Services from this Website, you accept and agree to these Terms, the Privacy Policy in the Privacy Section below (https://dev.rizom-lab.com/legal/privacy-policy/), and other applicable Terms and Conditions, policies or disclaimers found on this Website or referenced herein and accessible through the related hyperlinks.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THIS WEBSITE, ITS SUPPORT SECTION OR THE RIZOMUV DISCORD OR BY POSTING ANY USER CONTENT ON THIS WEBSITE , ITS SUPPORT SECTION THE RIZOMUV DISCORD OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED ON THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THIS WEBSITE, ITS SUPPORT SECTION, THE RIZOMUV DISCORD OR SERVICES.
YOU MAY NOT USE THIS WEBSITE OR SERVICES IF YOU DO NOT AGREE WITH THESE TERMS.
DEFINITIONS
In these Terms, the terms starting with a capital letter shall have the following meaning:
- “Agreement”: means (i) the General Terms and Conditions and (ii) the Specific Terms and Conditions ((i) and (ii) as further defined in other areas of this Website), which a User intending to license Software must enter into with Rizom-Lab;
- “Account”: means the personal account that may be created by a User of this Website to enable the User to have access to certain Services offered by Rizom-Lab;
- “Commercial Terms” means the Fees payable by a User to access certain Services, as set out in the relevant areas of this Website, quotes, invoices, price list or Agreement;
- “Consumer”: means any User who is acquiring License, for his/her direct individual Use and does not make any direct or indirect commercial use of the License;
- “Content”: means, but is not limited to, text, graphics, images, photographs, tutorials, information and other materials available on this Website excluding User Content;
- “Fee”: means any fee, cost and expense as set out in the Commercial Terms that are payable for Your Use of the Services;
- “Free Services”: means the possibility for all Users to use certain Services offered by Rizom-Lab on the Website free of charge;
- “License”: shall mean the limited right to Use the Software as further detailed in the Agreement;
- “Login Details”: means the User’s username or email address and password necessary to create and have access to his/her Account;
- “Services”: means all Software available to the Users on this Website either free of charge or upon the payment of a Fee;
- “Software”: means the Rizom-Lab proprietary software product, licensed to you under the Agreement entered into between Rizom-Lab and you;
- “Specific Terms and Conditions”: the specific terms and conditions containing the additional terms including the applicable Fees if any, governing your Use of a Software;
- “Third Party Licenses”: means the terms and conditions of any third-party software which is embedded in the Software ;
- “Website”: means Rizom-Lab’s website, web pages, online stores, including https://dev.rizom-lab.com/, the support section (https://support.rizom-lab.com/support/home) and the RizomUV Discord (https://discord.com/invite/UjsFx7Y);
- “User”: means any natural or legal person visiting the Website and using Services offered by Rizom-Lab;
- “User Content”: means the Content posted by a specific User on this Website, which can take the form of text, graphics, images, photographs, tutorials, information and other materials available on this Website;
- “You”: means the User of this Website.
- “Your” means relating to you or made or carried out by you.
PURPOSE
These Terms of Use are meant to define the conditions governing the grant by Rizom-Lab of the right for the Users to use this Website and the Services.
These Terms define the mutual obligations of the User and Rizom-Lab.
LEGAL TERMS
Rizom-Lab is a French limited liability (“SAS”) company with a share capital of 3.000 euros, whose registered office is at 30 chemin des Gides 13500 France, registered under number 818266942 with the Registry of Commerce and Companies of Aix-en-Provence, with VAT registration number FR13818266942.
The contact email address is contact@rizom-lab.com and telephone number is + 33 (0)6 60 86 77 49.
Legal representative and director of the publications: Mr Rémi Arquier, President.
The hosting services for Rizom-Lab Website are performed by OVH, a company incorporated in France, with contact details at https://ovh.com.
GENERAL INFORMATION ABOUT THIS WEBSITE
Rizom-Lab offers Users the possibility to use certain Services on this Website free of charge including without limitation to post User Content, participate in the Rizom-Lab forum or subscribe to the Rizom-Lab newsletter.
Rizom-Lab also offers Users the possibility to use certain Services on this Website for a Fee including without limitation licensing Software.
The English language version of these Terms is legally binding in the event of any conflict between the English version and any translations.
ACCEPTANCE AND CHANGE OF TERMS
The use of this Website requires that the User accepts, in advance and without reservation, the present Terms.
The User acknowledges and understands that by using this Website such User accepts the Terms.
If a User refuses to accept these Terms, such User is not authorized to use this Website.
These Terms come into force on the date of their publication online and shall be binding upon first use of this Website by the User and until new conditions supersede them, as further detailed hereafter.
Rizom-Lab recommends that Users print and/or download these Terms for their records.
Rizom-Lab may revise the Terms at any time for legal, best practice or any other reason. If Rizom-Lab modifies these Terms substantially, Rizom-Lab will post the modification on this Website and will display a banner showing the date when these Terms were last updated, or otherwise provide You with notice of the modification.
Please be sure to review the current Terms each time You visit this Website and check the new Terms that may be applicable.
By continuing to access or use this Website or the Services after we have posted a modification on this Website or have provided you with notice, you are indicating that you agree to be bound by the modified Terms.
OWNERSHIP
This Website, Services, Content and User Content are protected by applicable copyright, trademark, and other laws. Except as expressly provided in these Terms, Rizom-Lab and its licensors exclusively own all rights, titles and interests in and to the Site, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Services, Content and User Content(other than your own User Content).
LICENSE TO THE SOFTWARE
You will find on this Website some free evaluation and paid Licenses and updates to the Rizom-Lab Software, that you may elect to purchase and/or download from this Website. In order to use the Rizom-Lab Software, you must be granted a valid license by accepting the Agreement for the Software you intend to use at or before the time of installation. Except as otherwise provided herein, your use of the Software will be governed exclusively by the Agreement, not these Terms.
Any Software available on this Website will be subject to your acceptance of the Agreement available by following the link: https://dev.rizom-lab.com/legal/general-terms/
USER CONTENT
General
Users may upload and publish User Content on this Website. You acknowledge and agree that all such User Content whether information, data, text, or other materials, publicly posted, are the sole responsibility of the User posting such User Content.
You acknowledge and agree that you are solely responsible for all User Content you post or upload on this Website. In particular, you will choose alone and will be fully responsible for the means, methods and resources necessary to post and upload such User Content on this Website.
You represent and warrant that: (i)You either are the sole and exclusive owner of all User Content that you post or upload on this Website or you have all rights, licenses, consents, authorizations and releases to use and distribute such User Content; and (ii) neither the User Content nor your uploading, posting, publication, submission or transmittal of such User Content or any use of such content (or any portion thereof) by a user or by Rizom-Lab, through or by means of this Website or otherwise, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Each time you post or upload User Content on this Website, You acknowledge and agree that your user name may be associated with any User Content that you post or upload, and you represent and warrant that you own or otherwise control all rights to any User Content you post or upload on this Website. you agree that you will indemnify, defend, and hold Rizom-Lan harmless for all claims resulting from any User Content you post or upload on this Website.
License grant to Rizom-Lab
If you are making any User Content available on this Website, you hereby grant to Rizom-Lab a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, reproduce, represent and distribute such User Content on any format including by means of this Website and in any known digital media or unknown to this day, unless agreed otherwise between you and Rizom-Lab. Rizom-Lab does not claim any ownership rights in any User Content.
The license endures for as long as the User elects to continue to include some User Content on the Website and will terminate at the time such User Content is removed from the Website.
Violation of a third party’s intellectual property rights
If a User has reason to believe that their copyrights have been violated, such a user must notify Rizom-Lab as soon as such a User has knowledge of it.
Any correspondence shall be sent to Rizom-Lab at the following address: Rizom-Lab, 30 chemin des Gides 13500 Martigues, France or sent by e-mail contact@rizom-lab.com.
The User shall provide Rizom-Lab with information including:
- The precise localization of the User Content with the URL;
- Personal information and email address of the User;
- A warranty to Rizom-Lab that the use of such User Content is not duly authorized by the owner;
- Evidence that the User Content is believed to be illegal, and
- Any information relevant that could help Rizom-Lab determine the alleged violation of intellectual property.
Once Rizom-Lab has been made aware of a manifestly unlawful User Content, Rizom-Lab will remove such illegal User Content or make it impossible to access and notify the publishing party that the User Content has been blocked or deleted.
ACCOUNT CREATION
General rules for Account creation
Before using certain Services on this Website, including without limitation to receive the Rizom-Lab’s newsletter, a User might be requested to create an Account. In order to create an Account, each User must first create his/her Login Details, and then use such Login Details each time he/she wants to access such Services.
The Login Details are strictly personal and confidential. The User is fully liable for keeping such Login Details confidential. The User undertakes neither to use the Account of another User nor the Login Details of another User, nor to disclose his/her Login Details to a third party.
The User is solely liable for any use of his/her Account by himself/herself or by any third party. Rizom-Lab shall not be liable for any misuse or fraudulent use of the User’s Login Details unless such misuse or fraudulent use was directly caused by Rizom-Lab.
In order to ensure the security of this Website and to prevent all fraudulent intrusion of unauthorized persons, all passwords chosen by a User should consist of at least 12 characters (including numbers, special characters, etc.). Each User shall change his/her personal password on a regular basis.
After accessing his/her User’s Account, the User should log out by clicking the “logout” button so that no unauthorized person can access the Account. Rizom-Lab prompts the User to be extremely careful, especially when such User logs in from a public computer.
Any instructions received by Rizom-Lab which include User’s Login Details shall be presumed to have been submitted by the User.
The User shall inform Rizom-Lab immediately if some or all of this information changed or is not valid any longer. The User shall notify Rizom-Lab by email of any modification.
A User who is already registered is only required to enter his/her email address and password.
The entering of this information by the User is deemed a proof of his/her connection to the Website.
Creation of an Account to access free Services
An Account is available to any User after such User provided his/her Login Details.
Once the User has created his/her Account, he/she can sign in directly by clicking the button “Sign in” with Rizom-Lab and entering his/her Login Details.
Creation of an Account to access paid Services
For any User wishing to purchase certain Services including without Software limitation, a User must enter his/her Login Details, and customary billing information such as name, company name, billing address, credit card information and VAT number (for EU residents) either to its third-party payment processor.
You agree to pay Rizom-Lab the Fees for all purchases of paid Services (including all applicable taxes) made via the Website and you hereby authorize the collection of such Fees by charging the credit card You provided as part of your order to a third party online payment processor.
Once the User has provided the above information, such User shall be able to purchase and download the paid Services.
Suspension and suppression of an Account
A User may suppress his/her Account at any time.
All suppressions are Permanent
If a User wants to permanently suppress his/her Account and Login Details, such User must confirm his/her intent for permanent deletion by email to contact@rizom-lab.com
Once permanent suppression is confirmed by a User, such User’s Account shall be permanently deleted and all information pertaining to the User will be permanently deleted from Rizom-Lab’s records.
Once an account has been permanently suppressed, a User understands and agrees that he/she shall not be allowed to access the paid Services that he/she was subscribing to unless such User creates a new Account.
Information and notices concerning Rizom-Lab’s collection and use of your personal information is available by following the link: https://dev.rizom-lab.com/legal/privacy-policy/
EDITORIAL CONTENT
FOR ALL USER CONTENT, INCLUDING BUT NOT LIMITED TO GRAPHICS, SOUND, OR TEXT PROVIDED BY A USER ON THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS IN FACT A TECHNICAL MEANS AND A TOOL FOR PUBLICATION OF USER CONTENT, WHICH IS MADE AVAILABLE BY RIZOM-LAB TO THE USERS. ACCORDINGLY, EXCEPT WHERE RIZOM-LAB WAS DULY ADVISED OF THE CLEAR EXISTENCE OF AN ILLEGAL FACT, RIZOM-LAB
(I) DOES NOT ENDORSE ANY CONTENT,
(II) DOES NOT VERIFY THE IDENTITY OF PEOPLE USING THE WEBSITE,
AND (III) DOES NOT SCREEN, MONITOR, EDIT OR REVIEW ANY USER CONTENT AT ANY TIME.
Rizom-Lab does not warrant or represent that it shall monitor, pre-screen, review, flag, filter, modify, refuse or remove any or all Content on this Website.
If You consider that any Content made available on this Website does not comply with these Terms of Use, You should notify Rizom-Lab by sending an e-mail to the following email address: contact@rizom-lab.com. To assist Rizom-Lab in quickly responding to Your notice, You are requested to include the following information :
- The date on which You discovered any nonconformity of the Content,
- Your last name, first name and a way of contacting You such as a phone number and/or an e-mail address;
- Identification and description of the Contents which are, in Your opinion, contrary to these Terms of Use, indicating their precise rental;
- An indication of the reasons why You believe that this Content does not comply with these Terms of Use.
After receipt of such notice, Rizom-Lab reserves the right to act as it deems appropriate, at its sole discretion. Where Rizom-Lab believes or has reasons to believe that any User Content is unlawful because:
(A) such User Content without limitation:
- violates the intellectual property rights or any other rights of any third party;
- violates any applicable law or is subject to a court order;
- is pornographic, obscene or otherwise violate Rizom-Lab’s hosting policies or other terms of service including these General Terms of Use as may be updated by Rizom-Lab from time to time in its sole discretion;
- is being distributed by third improperly;
- is deemed by Rizom-Lab to have a virus or is deemed to be malware, spyware or have an adverse impact on Rizom-Lab or others;
- violates these Terms or any other terms and conditions available on other areas of this Website;
- impacts the integrity of Rizom-Lab servers due to its display by way of example; or
(B) such User Content may render Rizom-Lab liable to any third party or may otherwise be in breach of any applicable terms and conditions available on other areas of this Website, Rizom-Lab may take (or require You or third party to take) such action and/or do such things as may in Rizom-Lab’s reasonable opinion be necessary to minimize or eliminate
Rizom-Lab’s potential liability including without limitation suspend or remove the User Content from this Website immediately, edit or change the User Content and/or block a third party from accessing this Website or request that You immediately cease Using the User Content and remove it from any computer device and destroy them.
Notwithstanding anything to the contrary in the foregoing, You understand and agree that by using this Website, You may be exposed to certain User Content or other Content that You may find offensive, indecent or objectionable and that You therefore Use this Website at Your own risk.
GENERAL PROHIBITIONS OF USE
The User agrees not to use the Website or the Services without limitation to:
- unlawfully or in any manner that could damage, disable, overload or alter this Website;
- collect email addresses or information of other Users by any means, electronic or otherwise, in order to contact by email or any other means those Users without their prior consent;
- publish on the Website or allow others to publish Content that is pornographic, racist, anti-Semitic, discriminatory, pedophiliac, racial, obscene, fraudulent, illegal, injurious, defamatory, that encourages violence or criminal acts, that infringes third party rights or violate local, domestic or international laws or regulations;
- display Contents which are not exclusively private User Contents originally created by Users;
- usurp another person’s or business’s identity and hide his/her identity, age or affiliation with a person or entity;
- publish any personal data of a third party including but not limited to addresses, telephone numbers, email addresses or bank or credit card account numbers;
- post Content or materials that contain software viruses or computer code, files or programs designed to prevent, destroy or limit the functionality of computer software or hardware or telecommunications;
- send emails containing viruses, Trojan horses or other similar programs;
- publish information that could cause or create a risk of breaching the confidentiality of any person or entity or harm to any person or entity;
- make or encourage unlawful or unauthorized copies of Users or third party Contents protected by copyright;
- carry out commercial and/or sales activities without the prior written consent of Rizom-Lab.
FINANCIAL CONDITIONS
Applicable Fees
To benefit from certain Services available on this Website including without limitation certain licensed Software, Users might be requested to pay Fees shown on the Commercial Terms of this Website.
The Fees are payable for a fixed price, as set out on the Commercial Terms.
Prices will be stated in EUROS excluding sales taxes such as VAT. The applicable Fees for the paid Services are as shown on the Website during the validation of a User’s order.
The Fees for any custom-made Service is not available on the Website and shall be provided to the Users by Rizom-Lab separately based on the specific Client’s needs.
Rizom-Lab may change the Fees for paid Services in accordance with the applicable terms and conditions for the paid Services as set out in other areas of this Website.
The User agrees that all invoices for the paid Services will be transmitted by email to the address provided by the User in the contact information.
If an invoice is not paid by the User in full within a period of thirty (30) days from the due date, then the outstanding amounts shall carry interest at the interest rate for each month (or partial month) which has elapsed following such due date until such amounts are paid in full.
The interest rate will be calculated based on three (3) times the legal interest rate currently in force in France.
Payment conditions
To receive the paid Services, the User must pay in full by credit card, Paypal or wire transfer the Fees stated in the order.
In the absence of confirmation of payment, the Services cannot be provided by Rizom-Lab.
All sales are final and there shall be no refunds except as required by applicable law.
CUSTOMER SERVICE AND SUPPORT
Rizom-Lab is available to answer the Users’ general questions and relating to bugs on the Software by email to the following address: support@rizom-lab.com.
RELATIONSHIP BETWEEN THE PARTIES
These Terms may under no circumstances be interpreted as creating any sort of agreement to act as an authorized agent on behalf of either party.
Rizom-Lab and the User may under no circumstances be held jointly and severally liable as to any obligation or right provided herein.
TERMINATION
Rizom-Lab may, in case of a violation of these Terms by the User,
(i) terminate and permanently delete the User’s Account,
(ii) delete part or all of a User Content on the Website,
(iii) cancel the User’s Login Details
(iv) suspend or interrupt User’s access to all or part of the Website and Services, with or without prior notice or explanation, and without incurring any liability in this respect.
The User is exclusively liable for the creation of backup and replacement copies of each User Content it uploads or posts on this Website and Rizom-Lab shall not be liable for any costs associated therewith.
If the Account is inactive for a period of five (5) years since the last action of the User on his/her Account, Rizom-Lab may delete this Account. The User may suppress his/her Account at any time.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS AT YOUR SOLE RISK AND THAT THIS WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN PARTICULAR, RIZOM-LAB DO NOT REPRESENT OR WARRANT TO YOU THAT
(A) YOUR USE OF THIS WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THIS WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE,
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THIS WEBSITE OR THE SERVICES MADE AVAILABLE TO YOU THROUGH THIS WEBSITE WILL BE CORRECTED,
AND (E) THIS WEBSITE OR THE SERVICES WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR OTHER DEVICE, OR LOSS OF DATA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RIZOM-LAB FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE OR THE SERVICES DOWNLOADED THROUGH THIS WEBSITE.
INDEMNIFICATION
The User agrees to indemnify and defend Rizom-Lab, shareholders, affiliates, employees, representatives, assigns and agents against any claim or demand made by a third party consecutive to a breach by the User of these Terms, non-compliance with applicable laws and regulations, including attorneys’ fees with respect to professional users.
LIMITATION OF LIABILITY
AS A COMPUTER SERVICE PROVIDED THROUGH INTERNET, THE USER IS ADVISED THAT WITH THE USUAL TECHNOLOGY, THE LEGITIMATE OPERATION OF THE WEBSITE DEPENDS ON TECHNICAL FACTORS, SUCH AS THE INTERNET WHICH ARE NOT UNDER THE CONTROL OF RIZOM-LAB.
ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RIZOM-LAB CANNOT BE HELD LIABLE FOR ANY DAMAGE THAT RESULTS FROM THE INTERNET NETWORKS.
DUE TO TECHNICAL UNCERTAINTY OF THE INTERNET, RIZOM-LAB MAY TEMPORARILY SUSPEND THE USE OF THE WEBSITE AND ITS SERVICES EITHER FOR TECHNICAL REASONS OR MAINTENANCE.
RIZOM-LAB WILL TRY AND LIMIT THESE INTERRUPTIONS.
RIZOM-LAB’S TOTAL LIABILITY TO YOU ARISING UNDER OR IN CONNECTION WITH THE TERMS REGARDLESS OF THE CAUSE OF ACTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT PRODUCT LIABILITY), INDEMNITY, OR OTHERWISE AND WHETHER OR NOT
RIZOM-LAB HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND EVEN IF SUCH DAMAGES WERE FORESEEABLE WILL BE LIMITED TO THE GREATER OF THE AMOUNTS PAID BY YOU OR ONE HUNDRED EUROS (EUR100).
IN NO EVENT SHALL RIZOM-LAB BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THEIR EXECUTION OR PERFORMANCE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION, RIZOM-LAB AND ITS LICENSORS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL RIZOM-LAB OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DIRECT DAMAGES INCLUDING LOSS OF PROFITS, LOSS OF DATA OR LOSS OF OPPORTUNITY RESULTING FROM THE USE OF WEBSITE AND SERVICES.
GOVERNING LAW
THESE TERMS SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH FRENCH LAW.
JURISDICTION
ANY DISPUTE ARISING FROM, OR IN CONNECTION WITH, THESE TERMS, SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS IN PARIS, FRANCE.
Mediation and Online Dispute Resolution platform:
If a dispute arises between you and Rizom-Lab, please be aware that as a Consumer, you may
(i) contact us at contact@rizom-lab.com;
(ii) seek a recourse with a mediator, free of charge, in order to reach a settlement agreement with Rizom-Lab.
For your information, Rizom-Lab’s designated mediator is the ” Fédération du e-commerce et de la vente à distance ” (FEVAD) and the e-commerce mediation service (60, rue la Boetie – 75008, Paris, France, relationconso@fevad.com);
(iii) you may also use the following EU Online Dispute Resolution platform to submit a complaint that will be resolved by an independent dispute resolution body: https://ec.europa.eu/consumers/odr/main/.
CONSUMER USERS
Waiver to the withdrawal right available to Consumers.
If You downloaded a specific Software after accepting the relevant Agreement, you shall not be entitled to Your withdrawal right under applicable law.
Indeed, You are reminded that the withdrawal right available to Consumers which may be exercised by a Consumer within 14 days from the date of conclusion of a contract, does not apply to contracts for the supply of digital content if
(i) the digital content is not provided on a
tangible medium,
(ii) the contract performance started through the act of downloading the digital content by the Consumer,
and (iii) the Consumer gave his/her prior express consent and acknowledged that s/he lost his/her withdrawal right.
Therefore, You hereby understand and agree that by accepting these Terms, downloading Software and being granted instantaneous access to such digital content, You have lost Your withdrawal right under applicable law.
CONTACTING RIZOM-LAB
If you have any questions about these Terms, please contact Rizom-Lab at contact@rizom-lab.com.