General Conditions of Use

Please read these General Conditions of Use, as they contain important information about your rights, obligations and legal recourse. By accessing QUAARTZ INSIGHTS and/or using its Services, you agree to be bound by these General Conditions and comply with them.

Subscribing to, accessing or using QUAARTZ INSIGHTS and/or its Services implies acceptance of these GCUs without restriction or reservation, including any document to which they refer, by Users, by ticking the statement, “I accept the General Conditions of Sale and the General Conditions of Use and I undertake to use the services only as part of my professional activity” when creating their Account.

It is, therefore, the User’s responsibility to read these General Conditions before creating the Account and before any use of QUAARTZ INSIGHTS. If Users do not accept the terms, they must not use or register for QUAARTZ INSIGHTS.

Once they have been accepted, the CGUs are available at the bottom of the page from the GCS/GCU tab. Users are advised to retain a copy of these GCUs.

The applicable version of the GCUs is that which is current on the day of subscription or renewal.

The QUAARTZ INSIGHTS solution, accessible by the internet network at the following address: https://quaartzinsights.io is administered by MYDATAMODELS, a simplified joint-stock company, headquartered at 535 route des Lucioles, 06560 Valbonne, and registered in the Register of Trade and Companies of Grasse as number 83850555 (hereinafter “MyDataModels”).

QUAARTZ INSIGHTS is a standard web application, exclusively intended for professionals, which allows marketing experts to optimise their marketing campaigns using predictive algorithms based on artificial intelligence techniques. It is therefore the responsibility of Users, based on the Documentation to which they have had access and the use they can make of it for free during the Trial Period, to check that QUAARTZ INSIGHTS is suitable for their needs.

Contents

Article 1. Definitions

Article 2. Conditions for Creating and Using an Account

Article 3. Trial Period

Article 4. Subscribing to the Services

Article 5. Use of the QUAARTZ INSIGHTS Services

Article 6. Suspension of Services

Article 7. Amendment of GCUs

Article 8. Availability of QUAARTZ INSIGHTS

Article 9. Security

Article 10. Intellectual Property

Article 11. Protection of Personal Data. 

Article 12. Hypertext Links

Article 13. Limitation of Liability

Article 14. Applicable Law and Competent Jurisdiction

Article 1. Definitions

The terms defined below, used in the singular or plural in these GCUs, will have the following meaning:

“GCS” or “General Conditions”: designates these general conditions of sale of the QUAARTZ INSIGHTS solution accessible via the link https://quaartzinsights.io/, including any document to which they refer, governing the arrangements of sale for the rights to use the QUAARTZ INSIGHTS Solution and, more generally, Services.

“GCU”: designates the general conditions of use of the QUAARTZ INSIGHTS solution, accessible via the link https://quaartzinsights.io/ applicable to the access and use of QUAARTZ INSIGHTS, whether it is free or paying.

“User”: designates the company or any other legal entity with an account and which subscribes to QUAARTZ INSIGHTS services as part of its professional activity.

“Source Code of Models”: designates the Model in the form of source codes which Users are authorized to integrate into their Derived Products, solely for their own needs.

“Account”: designates the interface from which Users can access the QUAARTZ INSIGHTS Services by entering their login details.

“Documentation”: designates instructions for use, descriptions of functionalities and generally all written or video documents, concerning the use of QUAARTZ INSIGHTS and available on the QUAARTZ INSIGHTS interface.

“Data”: designates all data, including Personal Data, entered or imported by the User to QUAARTZ INSIGHTS and hosted by MyDataModels with a view to being processed in the implementation of QUAARTZ INSIGHTS to generate Models.

“Personal Data”: designates any Data relating to an identified or identifiable physical person, required to access and/or use QUAARTZ INSIGHTS.

“Functionalities”: designates all QUAARTZ INSIGHTS’s functionalities offered by MyDataModels under the conditions and limitations laid down in the General Conditions of Sale and Use, including, in particular, the downloading of data, analysis of results, predictions, and tutorials as presented in the Documentation.

“Help Center “: designates the online service available at the following address XXXXX, allowing any user to seek real-time assistance in the event of encountering difficulties in using QUAARTZ INSIGHTS services.

“Login Details”: designates the login information entered (ID and password) used to identify the Account holder and enabling them to access the Account.

“Interface”: designates the home page available at the following address https://quaartzinsights.io/home and all the pages which users access from the home page.

“Model”: designates each predictive model, consisting of an algorithm formula generated by QUAARTZ INSIGHTS from data and all Parameters, which Users can try out and select to carry out predictions on one of the variables of the pre-selected data. It is the Users’ responsibility to check the Models generated in the light of the predictions they want to make and practice in their profession, which they control.

“Parameters”: designates all the parameters entered by the User on which the generation of each model depends, particularly the set of variables to be taken into account to generate the Model and the variables identified as a prediction objective for the Model.

“Services”: designates the functionalities enjoyed by Users from their accounts.

“Site”: designates the MyDataModels website available at www.mydatamodel.com.

“Subscription”: designates the User’s subscription to the Services under the conditions laid down in the GCS, in return for the payment of the Price. 

“QUAARTZ INSIGHTS” or “Quaartz”: designates MyDataModels’ object coded computer program, including the libraries which make up the program, associated documentation as well as any update, revision, modification, supplement, correction or rectification by QUAARTZ INSIGHTS, accessible from the User Account and intended for marketing professionals and allowing them to optimise the conversion rate of their clients.

Article 2. Conditions for Creating and Using an Account

Use of the Services is conditional on the creation of an Account. Creating an Account is permitted for any physical, adult and capable person, acting as part of their professional activity.

When creating the Account, Users must enter their surname, first name, e-mail address, professional position (employee, service provider, manager, etc.) and the type of business on whose behalf they are using the QUAARTZ INSIGHTS services.

Each account is personal and non-transferable. 

Billing for the Services can be issued in the name of the legal person named by the User when subscribing to these Services, and in the name and on behalf of whom the User guarantees being authorized to act.

Once the Account has been created, the User has access to the Quaartz solution Services.

Any use of login details corresponding to an Account is deemed to have been made by the User to whom the said Account is attached and commits the User to any use of the QUAARTZ INSIGHTS solution from these login details.

Thus, Users undertake to keep the login details of the Account secret and not communicate them to anyone, for whatever reason. Otherwise MyDataModels’ liability does not extend to fraudulent use of this information.

The information provided during creation of the Account can be modified at any time on QUAARTZ INSIGHTS from the “My Account” section. In the event of the information supplied being erroneous or changing, the User undertakes to change them as soon as possible. The e-mail address provided when creating the Account is deemed to be that to which communications can be duly sent by MyDataModels to the User.

MyDataModels cannot be held responsible if the User does not update the information on the Account following a change of situation or if false, invalid or erroneous information has been entered.

If Users lose and/or forget their password, they can change the password by following the procedure accessed by clicking the “Forgotten Password” icon.

Each User must use Quaartz and the Services in a responsible manner. By accessing Quaartz, the User undertakes and guarantees, in particular:

• to have the required qualifications and skills to use Quaartz;
• to behave in a way which complies with all the provisions of these General Conditions and abide by these General Conditions;
• abide by all applicable laws, including those of the country from where they access Quaartz;
• communicate accurate, exhaustive and up to date data;
• abide by MyDataModels’ intellectual property rights and those of any third party;
• use Quaartz and the Services within its Functionality and as intended.
• Furthermore, the User undertakes, in particular, not to:
• use the Services for purposes not foreseen in the General Conditions, or contrary to Quaartz’s purpose and/or which would infringe MyDataModels’ rights or the rights of any third party;
• use a false identity or otherwise deceive anyone;
• communicate to MyDataModels false, spoof or erroneous information;
• upload to Quaartz, display, make accessible or send by any means, particularly by e-mail:
• content, including Data which they have no right to upload,
• any feature, including Data, containing software viruses or other code, files or computer programs designed to interrupt, destroy or limit the functionality of any computer software or equipment or telecommunications equipment;
• disturb or interrupt the functioning of Quaartz, the Site or servers or networks connected to Quaartz, or breach requirements, procedures, rules or regulations;
• access Personal Data which are not intended for their use or enter a server to which the User is not authorized access.
• access or continue in any part of Quaartz and/or the Site to which they are not permitted, or use, create or operate any tool which allows access or continuation without permission in all or any part of Quaartz and/or the Site;
• try to probe, examine or test the vulnerability of a system, Quaartz in particular, or otherwise breach security or authentication measures without having received permission.

Article 3. Trial Period

MyDataModels offers a free trial period of fourteen (14) days from the creation of a User Account (the Trial Period).

During this period, the user enjoys all the QUAARTZ INSIGHTS services without restriction.

The trial period cannot be suspended, interrupted, delayed or postponed.

Projects created by the User during the trial period are not saved at the end of this period.

The User acknowledges having been informed that projects generated during the trial period automatically disappear at the end of this period, without any possibility of retaining a copy.

Article 4. Subscribing to the Services

At the end of the trial period, the User receives a subscription form to the paying QUAARTZ INSIGHTS solution from MyDataModels in accordance with the price conditions referred to in general conditions of sale.

On subscribing the User chooses between annual or monthly billing.

To enable the subscription, the user must enter:

– billing information (surname, forename, identity of the company or legal entity within which the User is working, postal address, telephone number and e-mail address.

– the chosen billing frequency.

– any additional information they may wish to send to MyDataModels in the event that the order may involve special requirements. MyDataModels, however, reserves the right to not take the requests made into account if they have the effect of changing the nature and scope of its obligations as laid down in the GCSs and GCUs.

Users are solely responsible for the accuracy of the information given on subscription and declare that they have the legal and contractual authority required to contract with MyDataModels.

Article 5. Use of QUAARTZ INSIGHTS Services

Once the account has been created, Users access QUAARTZ INSIGHTS services at the following address www.webapp.digital-marketing.tada.as.

5.1 Home Screen

From the home screen, Users have access to the following services:

– Project Creation 

– Help Center

– FAQs

– Personal Space.

5.1.1 Project Creation

Users generate projects from the “Projects” tab located at the top of the home page screen.

This service allows them to download data, obtain a performance analysis, personalized predictions, and implement models for optimizing marketing campaigns identified by Quaartz by using the tutorials presented in the Documentation.

Downloading data takes place by default over the last three months. Users are, however, free to specify the starting date and end of the period for which they intend to generate the outcome analysis using a calendar.

Once the period is defined, Users can start downloading data.

5.1.2 Google Analytics Account

By using Google authentication, the user allow Quaartz Insights to access his analytics data.
This data remains the user property and is only used for predictive analysis by Quaartz Insights.

Users are solely responsible for the proper use of the Google Analytics accounts they link to the use of services.

Therefore, MyDataModels cannot be held responsible in any way whatever in the event of abuse, usurpation, theft or any fraudulent manoeuvre in the use of the login details to the Users’ Google Analytics accounts nor the data stored therein.

Users also acknowledge that their attention has been drawn to the need to have a Google Analytics account to use the QUAARTZ INSIGHTS services when creating their account.

5.1.5 Analysis of Results

Once data has been downloaded, Users access the results analysis. This analysis consists of a prediction of one of the variables previously selected from all the variables present in the user’s data.

Users who have subscribed to the paying QUAARTZ INSIGHTS offer can save the results analysis at the bottom of the screen.

This is then available at any time in the user space from the “My Projects” tab until the end of the subscription term.

Users also have explanatory bubbles located on the right of the screen, allowing them details about the meaning of the results analysis.

Once the results analysis has been generated, Users are invited to implement models for optimizing marketing campaigns using the heading “How to Implement Them?” “

5.1.6 How to Implement Them?

From the results analysis page, Users access a heading intended to help them understand the nature and how to implement the marketing optimisation models identified by the data analysis.

Video tutorials are also available from this page to allow users to see ways of implementing the models generated.

5.2 FAQs and “Help Center”

Users can access FAQs made up of the most frequent questions relating to 

Users can also seek assistance via the “Help Center” in the event of difficulties using QUAARTZ INSIGHTS services, opening hours being as follows:

Monday 9 a.m. – 12  p.m | 2 -5 p.m.

Tuesday 9 a.m. – 12  p.m | 2 -5 p.m.

Wednesday 9 a.m. – 12  p.m | 2 – 5 p.m.

Thursday 9 a.m. – 12  p.m | 2 – 5 p.m.

Friday 9 a.m. – 12  p.m | 2 – 5 p.m.

Furthermore, users can contact MyDataModels in the event of access and/or operation of services problems via the live chat, directly accessible on QUAARTZ INSIGHTS or by e-mail: [email protected]

From acknowledgement of receipt of the request, MyDataModels undertakes, during the aforementioned opening hours to do their best to resolve the problem or put a work-around solution in place.

5.3 Sharing

Users can share the results analysis produced by QUAARTZ INSIGHTS, including the content of the section “How to Implement Them?” using the following social networks, LinkedIn, Twitter

Article 6. Suspension of Services

MyDataModels reserves the right to suspend or interrupt partial or total access by a User at any time to Quaartz Insights and the Services (i) in the event of a breach of all or part of the General Conditions of Sale and/or Use by User(s). (ii) if any User uses the Site, QUAARTZ INSIGHTS or the Services in a way which endangers their safety and/or stability; (iii) if MyDataModels has to carry out maintenance operations in accordance with Article 6; (iv) if an order from an administrative or judicial authority orders MyDataModules to carry out such a restriction, limitation or suspension (v) if the existence of Data and/or SmallData which is obviously illegal within the law is notified to MyDataModels (vi) in the event of a clear risk to the stability and/or security of MyDataModels, the Services, Tada, Data, the environments and systems.

Such a suspension can take place immediately and without notice in the event of an emergency or necessity, particularly in the events described in points (ii), (iv) and (vi) above, as well as in the event of use which could involve MyDataModels’ liability. In the event of a breach by the User, by suspending Services, MyDataModels reserves the right to terminate the General Conditions as defined below and request compensation for the harm suffered. Subject to cases of termination or non-renewal of Services, suspensions of Services do not entail erasure of Data.

Suspension of services does not suspend the requirement to pay the subscription in any event.

Article 7. Amendments to GCUs.

7.1. Incidental Amendments

MyDataModels reserves the right to make discretionary incidental amendments to the website https://quaartzinsights.io/ and the conditions of use of QUAARTZ INSIGHTS, taking into account, in particular, required technical changes or amendments because of changes in the applicable legislation. These incidental amendments take effect immediately and apply to any User without requiring prior agreement.

7.2. Substantial Amendments

MyDataModels undertakes not to make any substantial amendment to these GCUs which may result in a change in the parties’ obligations, without the User’s prior consent, the User being informed of such amendments by any appropriate means.

Article 8. Availability of QUAARTZ INSIGHTS

The QUAARTZ INSIGHTS solution is compatible with the following list of browsers:

– Mozilla Firefox (version 68 and later)

– Google Chrome (version 75 and later)

– Microsoft Edge (version 87 and later)

– Safari (version 12 and later)

– Chromium browsers (Chromium version 72 and later)

The User declares having equipment and means of connecting compatible with the required configuration for using the Services. 

The User acknowledges and accepts that, in the current state of the art, MyDataModels cannot guarantee the permanent availability of Services.

MyDataModels will do its best to make Services available continuously, except during maintenance operations, updating or as a result of events outside its control which could cause service interruptions, in whole or part, and more or less severe disruption. In such cases, MyDataModels will take those reasonable measures it has available to deal with such interruptions or disruption.

Emergencies apart, if access to the Solution is temporarily interrupted for maintenance operations, MyDataModels will inform the User by email, notification or any other appropriate means.

Article 9. Security

The User undertakes to: keep in a safe place login details, passwords and security reports (MyDataModels may at any time modify this data if it considers it necessary to maintain security). Any fraudulent use of this access is the sole responsibility of the Users; take all appropriate measures to minimise any risk of a security breach in the Services; inform MyDataModels, as soon as they are aware of it, of any security violation; comply with MyDataModels identification checks and in the event of a request concerning identification, use passwords when the User wishes to give instructions. The User expressly authorizes MyDataModels to access data, copy it, retain it, reveal it, remove it, suspend or delete it in the event of Exceptional Circumstances relating to this data. MyDataModels undertakes to put in place all reasonable measures to ensure the security of its services, as described in MyDataModels’ Security Policy.

Article 10. Intellectual Property

Quaartz, including all its constituent elements, particularly graphics, images, photographs, animations, videos, texts, logos, software and interfaces (hereinafter the “Content”) are protected by intellectual property rights. They are the exclusive property of MyDataModels or its licensors.

Any use, including any reproduction, distribution, modification, retransmission or publication of the Content is strictly prohibited without MyDataModels’ prior written consent. In particular, it is prohibited to (i) copy, modify, create a derivative work, assemble, decompile (except cases provided for by law), sell, assign, sub-license or transfer in any way, any rights related to the Contents and (ii) modify all or part of the Contents, in particular to obtain unauthorized access to Quaartz. Accordingly, any reproduction and/or representation, of the Contents, in whole or part, without MyDataModels’ prior and written consent, is prohibited and would constitute a counterfeit punishable particularly under the provisions of Intellectual Property Law. MyDataModels, or any other owner of these rights, can pursue any measure or action, including judicial, to bring to an end any harm to these rights, particularly of intellectual property, and reserves the right to seek damages and interests in the event of such an infringement.

10.1. OPEN-SOURCE LICENCES

Quaartz may integrate open source code or community source code software, a list of which is available from MyDataModels: supplied under separate conditions (Open Source licence conditions). This list may be updated from time to time.

Notwithstanding the stipulations of this Contract, some third-party Open Source licence conditions incorporated in Quaartz may apply to your use of Quaartz. In any event, taking into account their nature, MyDataModels is unable to give any guarantee, of any kind, express or implied, about the open-source licensed software elements, which the User acknowledges and accepts. 

Article 11. Protection of Personal Data

11.1. General Points

The Parties undertake to comply with existing legal and regulatory provisions relating to Information Technology, files and freedoms, particularly Law No. 78-17 of 6 January 1978, amended by Law No. 2004-801 of 6 August 2004, as well as Regulation (EU) 2016/679 of the European Parliament and Council on the protection of persons with regard to processing personal data and the free movement of this data, repealing Directive 95/46/CE (GDPR). The User, who remains solely responsible for selecting services, will ensure that the Services have the characteristics and conditions required to carry out processing of personal data as envisaged, particularly that included in Data, in the use of Services, taking into account existing regulations, particularly when the Services are used to process sensitive data (for example, health data).

Article 12. Hypertext Links

Creating links to all or part of the Quaartz solution, any framing of all or part of Quaartz and, more generally, any use of a Quaartz component is subject to the prior and written consent of MyDataModels which can be withdrawn at any time at its sole discretion. MyDataModels is not responsible for the content of sites to which the User is redirected by hypertext links.

Article 13. Limitation of Liability

The User is solely responsible for access to the Internet and Quaartz.

They are reminded that it is their responsibility to take the necessary precautions, particularly to guard against risks of loss, alteration or accident which may affect their Data, Models, files, information, programmes and documents.

It is understood that MyDataModels will not be liable, under any circumstances, for the consequences:

• 
  
  • Of abnormal or non-compliant use of Quaartz by the User;
  • Of use of Quaartz for illegal purposes;
  • Of any inaccuracy, uncertainty or unsuitability of Data;
  • Of the unsuitability of Services to the User’s needs, particularly taking into account the nature of the processed Data, to the extent that the Data comply with the Documentation;
  • Of the operation, use and/or distribution of Models, and, in particular, predictions or Derived Products, since these are generated from the Data and Parameters set by the User.

Any action against the User by a third party relating to or resulting from the execution or failure to apply the General Conditions by the User does not give any right to reparation.

Article 14. Applicable Law and Competent Jurisdiction

No action arising from the Contract, regardless of nature, foundation or arrangements, can be brought by the Parties more than one (1) year from the occurrence of the operative event, except actions arising from exceeding the scope of the licence.

In the event of a dispute, the User undertakes to contact MyDataModels as a priority in order to resolve any disagreement which could arise concerning the General Conditions. FAILING AN AMICABLE RESOLUTION WITHIN 30 DAYS OF A LETTER INITIATING SUCH AN PROCEDURE OF AMICABLE SETTLEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, OR VIOLATION OF THE GENERAL CONDITIONS, EVEN IN THE EVENT OF SEVERAL DEFENDING PARTIES WILL BE (UNLESS EXCLUSIVE JURISDICTION IS RECOGNIZED WITH A DIFFERENT JURISDICTION, PARTICULARLY THE COURT OF MARSEILLES AS REGARDS INTELLECTUAL PROPERTY LAW): (i) IN THE EVENT OF A DISPUTE WITH A TRADER, THE COMMERCIAL COURT OF NICE; (ii) IN THE EVENT OF A DISPUTE WITH SOMEONE WHO IS NOT A TRADER, THE COMPETENT FRENCH COURT WITHIN THE JURISDICTION OF THE AIX EN PROVENCE COURT OF APPEAL.