Terms of service

Deltyo is an independent organization that allows users to submit projects and proposals through the application. Other users can then comment or vote to support them, with the aim of fostering reflections, creating spaces for debates, and enabling collective decision-making.

1. Purpose

These General Terms and Conditions of Use (hereinafter referred to as "the T&C") govern the legal framework for the services offered by Deltyo and define the rights and obligations of the parties in this context.

This contract is entered into between: - The publisher of the Deltyo application, hereinafter referred to as "the Publisher" and; - Any natural person, on a personal basis or representing a legal entity, wishing to use the Space for debates, hereinafter referred to as "the User."

The use of Deltyo by connecting to the application implies for each user the full and complete acceptance of the General Terms and Conditions of Use, which may be modified or supplemented at any time. The User accepts these T&C without reservation, undertakes to comply with them, and is invited to regularly consult them. The applicable conditions are those in effect at the time of connection to Deltyo.

Definitions:

Contributions: creation of posts, polls, opinions, comments, votes, sources, and participation in debates to contribute to articles and be published on the application.
Application: the Publisher's application where the space for contributions and debates is located, as well as any potential additional functionalities.

2. Terms of Access and Use of the Application

Access to the Deltyo application and its features is free of charge.

It is open, subject to the following restrictions:

To any natural person with full legal capacity to enter into the present terms and conditions. A natural person who does not have full legal capacity may only access the Site and Services with the agreement of their legal representative.
To any minor with the authorization of their legal representatives and under their supervision.
To any legal entity acting through a natural person with the legal capacity to enter into contracts on behalf and for the account of the represented legal entity.

In general, the User is granted a personal, non-exclusive, and non-transferable right of access and use of the services offered on the Deltyo application. Any other right is expressly excluded unless previously agreed upon and provided in writing by the Publisher. The application is generally accessible 24/7. However, it may be interrupted or suspended by the Publisher, particularly for maintenance purposes, without prior notice or justification. Any User with internet access can access the Deltyo application for free from anywhere in the world. The costs incurred by the User to access the application (internet connection, computer equipment, etc.) are not the responsibility of the Publisher and cannot be held liable in case of malfunction.

Every User must register by creating a personal account to access the application, subject to the restrictions contained in these T&C.

Registration on the Site and User identification are mandatory to access the application.

During the registration process, the User will be required to provide personal information for identification purposes (name, first name, email address, phone number). The User undertakes to provide accurate and complete information, under penalty of having all their Contributions deleted, their account suspended, and, at the discretion of the Publisher, possibly permanently banned. The User is also required to update any obsolete mandatory information about themselves in the dedicated section within the Deltyo application.

The User agrees not to impersonate others or use a false identity that could mislead third parties.

Some information may be provided on a voluntary basis. Other information marked as "mandatory" is necessary for the registration request to be considered. If the User chooses not to provide this information, the Publisher will be unable to process their registration request.

The User can terminate their registration by deleting their account at any time in the dedicated section within the Deltyo application. The Publisher reserves the right to unilaterally delete all Contributions and the account of any User who has not complied with these T&C, and if necessary, proceed with a permanent ban.

3. User Responsibility - User Charter

The User agrees, in their use of the Services, to comply with applicable laws and regulations and not to infringe on the rights of third parties or public order. The User is solely responsible for fulfilling all necessary formalities, including administrative, tax, and/or social obligations, as well as any payments of contributions, taxes, or duties of any kind related to their use of the Services. Deltyo's liability cannot be engaged in any case in this regard.

The User is informed and accepts that the implementation of the Services requires an internet connection, and the quality of the Services depends directly on this connection, for which the User is solely responsible.

The User is responsible for the risks associated with the use of their login credentials and password.

The User is solely responsible for maintaining the confidentiality and security of the passwords necessary for using the Application. The Publisher bears no responsibility in case of disclosure, unlawful or fraudulent use of the passwords provided to the User. The User may be held liable for any abusive and/or illegal uses made with said passwords.

The User guarantees the Publisher that their Contributions do not, in particular, violate regulations, third-party rights, ethical standards, or the Publisher's rules as defined in the provisions of these T&C.

The User commits to using the Application in strict compliance with regulations and these T&C.

The User is also solely responsible for the relationships they may establish with other Users and the information they communicate to them in the context of using the Services offered by the Publisher. It is solely the User's responsibility to exercise appropriate prudence and judgment in their interactions and communications on the Deltyo application. Furthermore, in their exchanges with other Users, the User commits to respecting common rules of politeness and courtesy.

The following are expressly prohibited as part of a User's contributions on the Deltyo application, and may be subject to criminal sanctions, without this list being exhaustive:

Invasion of privacy;
Attacks or insinuations based on race, beliefs or lack thereof, ethnic origins, sex, gender, or sexual orientation;
Obscene messages, insulting, aggressive or impolite language, defamation, sexual and moral harassment;
Incitement of minors or adults to commit illicit or dangerous acts;
Violent, pornographic, or pedophilic messages;
Incitement to hatred or violence, particularly of a sexual or sexist nature;
Demeaning human dignity;
Incitement to consume illegal substances;
Incitement to commit crimes, offenses, or suicide;
Apology for any crimes or offenses, including murder, rape, war crimes, crimes against humanity, terrorism, or outrage;
Revisionist or denialist messages;
Proselytism and propaganda;
False information likely to disrupt public order;
Any message contrary to copyright or related rights, applicable database law, or the right to image, or that would violate any other legislative or regulatory provision in force;
The mention of personal data in the text of Contributions, such as names, postal addresses, emails, or phone numbers;
The transmission of viruses or any other harmful or destructive program.

It is also strictly forbidden for Users to copy and/or divert, for their own purposes or those of third parties, the concept, technologies, or any other element of the Deltyo application and site.

The User commits not to disclose any Contributions that they would want to keep absolutely confidential.

The publication of Contributions by the User is carried out under their sole responsibility, with the User assuming full responsibility for the content.

The User agrees that these Contributions may be moderated or rejected entirely at the discretion of the Publisher, without any obligation for justification.

Furthermore, the moderation system is based on the ethical rules established by the Publisher as described in these T&C.

The User is informed that, given the intrinsic characteristics of the Internet network, the content they disseminate may be subject to diversion and/or hacking. The Publisher cannot be held responsible for any loss or damage that may result from a breach of the obligations mentioned above or from the use of the Deltyo application.

The User guarantees the Publisher that they use the Application in their own name or on behalf of the legal entity they duly represent, and that the personal data they have provided is accurate and up to date.

We rely on the goodwill and vigilance of Users to report any inappropriate Contributions to the Publisher by clicking on the "Report" button.

Any breach of these obligations by the User resulting in damage to the Publisher must be compensated in favor of the Publisher. Moreover, in case of a breach of any provision of these T&C, or more generally of any laws and regulations in force by a User, the Publisher reserves the right to suspend or terminate the User's access to the Application, delete all their published Contributions, proceed with their permanent ban, notify any relevant competent authority, and take any legal action.

4. Publisher's Liability

The Publisher cannot be held responsible for:

Any material or immaterial damage caused to Users' computer equipment and data stored in the Application, nor for any resulting consequences on their personal, professional, or commercial activities.
Any inability of a User to use the service linked to the Application due to any technical defect or problem, including network congestion or interruption.
Force majeure events. Pursuant to article 1218 of the French Civil Code, force majeure refers to an event beyond the Publisher's control, which could not have been reasonably foreseen at the time of contract conclusion, and the effects of which cannot be avoided by appropriate measures, thereby preventing the Publisher from fulfilling its obligation.

Although the Services are subject to moderation, the Publisher cannot be held responsible for Contents authored by third parties. Any potential claims must be directed to the authors of such Contents in question.

Contents that may cause harm to a third party can be reported to the Publisher in accordance with the procedures provided by article 6 I 5 of the French law n° 2004-575 of June 21, 2004, on confidence in the digital economy, and the Publisher reserves the right to take measures as described in article 12.

As the service is provided for free, the Publisher disclaims all responsibility in case of potential loss of information accessible in the User's Personal Space. Users are required to back up their own copies and cannot claim any compensation in this regard.

Deltyo is liable for damages - regardless of the legal basis - in cases of intentional misconduct and gross negligence. In such cases, however, Deltyo's liability is limited to compensating for foreseeable and likely damages.

The above exclusions and limitations of liability also apply to the benefit of Deltyo's bodies, legal representatives, employees, and other agents.

Deltyo's liability for damages resulting from harm to life, body, or health, as well as under product liability legislation or other mandatory legal provisions, is not affected by the above provisions.

5. User Contributions

Users declare that they hold the intellectual property rights to the Contributions or have obtained all necessary authorizations from the copyright holder of the Contributions provided for publication on all media published by the Publisher.

These rights, exploited directly by the Publisher, consist of all reproduction and representation rights of the Contribution on these media. This assignment is granted worldwide and for the duration of copyright protection. The User guarantees the Publisher that they have not assigned any reproduction rights that may violate the rights of third parties and lead to actions based on infringement, unfair competition, the right to image, respect for privacy, civil liability, or any other disturbance to the rights transferred.

Finally, the Contributions may be used by the Publisher on all media published by the Publisher.

6. Protection of Personal Data

6.1 The Publisher undertakes to implement the best means to comply with all legal and regulatory provisions relating to the protection of personal data, including the provisions of the General Data Protection Regulation EU 2016/679 (GDPR) and the French Data Protection Act No. 78-17 of January 6, 1978, as amended (LIL).

The Publisher commits to implementing the best means to:

Process data based on the execution of these Terms and Conditions for the purposes that are the subject of the service, including account creation, consideration of Contributions, moderation and publication of Contributions, and sending emails related to Contributions.
Ensure the confidentiality of personal data and, in this regard, ensure that authorized persons processing personal data undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality.

6.2 The Publisher retains the User's identification data collected (excluding published Contributions) for the entire duration of the contractual relationship and up to 3 years after the end of the contract.

Personal data is then archived in order to comply with the Publisher's legal obligations and then deleted.

However, the above retention periods do not apply to Contributions that may contain personal data published on the Publisher's media, to the extent that the processing serves journalistic purposes. As such, these Contributions will be kept beyond 3 years after the end of the contract.

6.3 The Publisher reminds the User that they can exercise their rights of access, inquiry, rectification, opposition, right to erasure, right to be forgotten, right to restriction of processing, and right to data portability with the Data Protection Officer (DPO) by sending an email to privacy@deltyo.com. This information is available on the Publisher's website: www.deltyo.com.

However, proof of the User's identity may be requested only in cases of reasonable doubt about their identity.

As data protection must be reconciled with the exercise of freedom of expression and information, the Publisher reserves the right to refuse to remove published Contributions from the User, subject to justifying its decision.

6.4 - The National Commission for Information Technology and Civil Liberties (CNIL) is the supervisory authority for compliance with legal provisions relating to the protection of personal data. In case of an unsatisfactory response from the Publisher, you can file a complaint with the CNIL: https://www.cnil.fr/en/complaints.

6.5 - The Publisher reminds the User, as necessary, of its policy regarding the protection of personal data, available on the Publisher's website: www.deltyo.com.

7. Links and Third-Party Sites

Deltyo cannot be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the User may have access through the application.

Deltyo assumes no responsibility for the content, advertisements, products, and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.

Deltyo is also not responsible for transactions between the User and any advertiser, professional, or merchant (including any partners) towards which the User may be directed through the site, and shall not be party to any potential disputes whatsoever with these third parties regarding, in particular, the delivery of products and/or services, warranties, representations, and any other obligations to which these third parties are bound.

8. Sanctions and Termination

In the event of a breach of any of the provisions of these general conditions or, more generally, of any violation of applicable laws and regulations by a User, Deltyo reserves the right to take appropriate measures, including:

Suspending or terminating access to the User's Services, who is responsible for the breach or violation or participated in it,
Proceeding with the permanent ban of the User,
Removing any content posted on the site,
Publishing on the site any information message that Deltyo deems useful,
Notifying any relevant authority,
Initiating any legal action.

In general, in the event of a User's breach of their obligations under these Terms and Conditions and/or violation of any applicable law or regulation, Deltyo may terminate these Terms and Conditions automatically and without prior notice or formalities.

Termination of these Terms and Conditions will result in the end of access to the Services for the concerned User, as well as the deletion of their data and content. The User will be informed of this termination by email, to the address provided during registration. Termination will occur without prejudice to any damages that Deltyo may claim for any harm suffered due to the User's breaches. Deltyo may subsequently refuse the User the creation of a new account on the Service.

Due to the free nature of the Services, Deltyo may delete a publication at any time and without notice, for any reason, temporarily or permanently.

Similarly, due to the free nature of the Services, Deltyo may, at any time and without notice, for any reason, temporarily or permanently, modify or partially or completely delete the Services.

9. Duration of Services and Unsubscription

The Services are subscribed for an indefinite duration.

The Registered User may unsubscribe from the Services at any time by using the dedicated section for this purpose in the Deltyo application.

The unsubscription is effective immediately. It results in the automatic deletion of the Registered User's Account, as well as, where applicable, their Contributions.

10. Evolution of the General Terms of Use

These General Terms of Use may be modified at any time and without notice by Deltyo. Any modification will take effect immediately upon the publication of the new version of the General Terms of Use on the application and the website. The User is therefore invited to regularly consult the latest version of the General Terms of Use on the application and the website. Otherwise, they will be deemed to unconditionally accept the new version of the General Terms of Use.
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11. Intellectual Property and Counterfeiting

Deltyo owns the intellectual property rights or holds usage rights for all elements accessible on the website and the application, including texts, images, graphics, logos, icons, sounds, software.

Any reproduction, representation, modification, publication, or adaptation of all or part of the elements of the website and the application, by any means or process, is prohibited, except with the prior written permission of Deltyo.

Any unauthorized exploitation of the website or any of its elements will be considered as constituting counterfeiting and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the French Intellectual Property Code.

12. Integrity

If one or more provisions of these terms are deemed null and void by law or regulation or declared as such by a definitive decision of a competent jurisdiction, they shall be deemed unwritten. The other provisions of these terms shall remain in force, retaining all their strength and scope, and the Parties shall undertake, as necessary, to come together to replace the null provision with a valid provision as close as possible, in spirit, to the one it is intended to replace.

13. Force Majeure

Any unforeseeable, irresistible, and external event to the Parties, such as (but not limited to) acts of war or terrorism, criminal acts, riots, natural or industrial disasters, explosions, legal requisitions, pandemics, and related legal and official measures, which bring restrictions to the exercise of Deltyo's activity, disruptions in independent electronic communication networks beyond Deltyo's control, etc., shall be considered as a force majeure event. In the event of force majeure, Deltyo may be required to suspend the Service. The effects of the contract are then suspended and may resume after the end of the force majeure event for the remainder of the contract duration. They may also remain extinguished.

14. Applicable Law and Jurisdiction

These general conditions are governed by French law.

In the event of a dispute over the validity, interpretation, and/or performance of these general conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge them, except for contrary mandatory procedural rules.

15. Effective Date

These general conditions came into effect on June 30, 2023.