General Conditions of Use (CGU)

Updated 01/17/2024

Definitions

"Company" "Metaforma LLC" - refers to LLC Metaforma 651 N Broad St Suite 201 Middletown Delaware 19709, United States EIN 61-2120030

“Site” - designates the website metaforma.io

“Client” - refers to any professional who has subscribed to the services offered by Metaforma.io

“User” - Internet user connecting to the Site.

“Services” - refers to the functionalities offered by Metaforma LLC on the Site.

“Content” - designates all the elements constituting the information present on the Site, in particular texts – images – videos.

“Personal account” - designates the personal space available to the Customer after subscribing to a Metaforma subscription.

About Metaforma

Métaforma was created by LLC Metaforma to offer software SaaS for all training professionals.

The Site is owned by LLC Metaforma 651 N Broad St Suite 201 Middletown Delaware 19709, United States.

Headquarters: 651 N Broad St Suite 201 Middletown Delaware 19709, United States.

Email : contact@metaforma.io

Site Host: OVH SAS, located at 2 rue Kellermann in Roubaix (59100) in France. Reachable by email at: cil@ovh.net.

Webmaster: Ruji SARL

General conditions of use of the site and services proposed

The use of the Services offered by the Site is reserved for natural persons legally capable of entering into a contract. Before accessing the Services, Métaforma collects your acceptance full and complete of these general conditions of use by a check box provided for this purpose.

This website is normally accessible at any time to Users. An interruption for reasons of technical maintenance may however be decided by the Site which will then endeavor to communicate to users in advance the dates and times of the intervention.

To be able to use the Services, the User must have a computer as well as of an internet connection. When the Customer takes out a subscription offered by Métaforma, the latter is required to create a Personal Account which he accesses using his username and password, created during of its registration. If forgotten, the Customer is invited to click on “Forgot your password” and follow the instructions by email.

Creation of the Personal Account

When a Client subscribes to a Metaforma subscription, it is invited to create their personal account, to do this they provide: name, first name, SIRET number, address, email, *** on the form provided in this effect.

The User is invited to check the information provided on the form before finalizing its registration.

Once registration has been validated, the Customer receives a confirmation to the email address provided and can now access to his personal account. If the Customer has made an error in the email address provided, the user is invited to contact the Company by email : contact@metaforma.io in order to regularize his situation.

Intellectual property and counterfeits

The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and Regulations International applicable. The Client or any User cannot in any way use, transfer or exploit for its own account any or part of the elements or works of the Site.

Metaforma LLC is owner of the intellectual property rights and holds the usage rights on all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without written authorization prior notice from the Company.

Any unauthorized exploitation of the site or any of the elements it contains may the subject of an action for counterfeiting or unfair competition.

Limitations of liability

The Company cannot be held responsible for direct damages and indirect damage caused to the user’s equipment when accessing the Site, and resulting either from the use of equipment or from the appearance of a bug or incompatibility.

The Company cannot also be held liable for indirect damages (such as example as a loss of market or loss of an opportunity) following use of the Métaforma site.

Management of personal data

The Client is informed of the regulations concerning communication marketing, the law of June 21, 2014 for confidence in the Economy Digital, the Data Protection and Freedom Law of August 6, 2004 as well as the General Data Protection Regulation (GDPR: n° 2016-679).

In accordance to the confidentiality policy applicable to the Site, the data is collected and processed according to the laws and regulations in force. THE Users have the following rights:

• right to withdraw consent at any time (article 13-2c GDPR)


• right to limit the processing of User data (article 18 GDPR)


• right to object to the processing of User data (article 21 GDPR)


• right to data portability that Users will have provided, when these


• data are subject to automated processing based on their consent or on a contract (article 20 GDPR)


• right to define the fate of User data after their death and to choose to whom the Company must communicate (or not) its data to a third party
  that they have previously designated.

As soon as the Company becomes aware of the death of a User and in the absence of instructions from her, she undertakes to destroy her data, unless their conservation proves necessary for evidentiary purposes or to meet a legal obligation.

If the User would like to exercise one of their rights or find out more about the collection and processing of data by Metaforma LLC, he can contact the Company by written to: 651 N Broad St Suite 201 Middletown Delaware 19709, United States or by email to: contact@metaforma.io

In the event that the User wishes to exercise a right, he must indicate the personal data concerned and attach a proof of identity so that the Company can identify it (example: customer number, identity card, etc.).

Users can in particular file a complaint with the supervisory authorities, and in particular of the CNIL

Incident notification

Whatever the efforts made, no method of transmission on the Internet and no electronic storage method is completely safe. We cannot therefore guarantee a absolute security. If we become aware of a breach of the security, we will notify the Users concerned so that they can take appropriate measures. Our notification procedures incident reports take into account our legal obligations, whether located at national or European level. We are committed to informing our customers fully on all security issues of their account and to provide them with all the necessary information to help them meet their own regulatory obligations in reporting matters.

No personal information from the user of the Site is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties.

Security

To ensure data security and confidentiality personal, the Site uses networks protected by devices standards such as firewall, pseudonymization, encryption and password.

When processing personal data, the Company takes all reasonable measures to protect them against any loss, misuse, unauthorized access, disclosure, alteration or destruction.

Hypertext links

The Site contains a certain number of hypertext links to other sites which do not fall under its responsibility and whose Users are invited to read their applicable conditions.

Cookies

We use cookies and other trackers to facilitate and improve the use of our site, analyze the audience and for other purposes advertising. To enable certain interactive features on our site such as access to social networks or readers video, we use services provided by third parties that provide you are exposed to cookies deposited by them and which do not fall under our responsibility.

During your first visit to our website, a cookie banner asks you to accept or refuse all our cookies or to choose your preferences among them. You are free to modify this consent by clicking again on the icon of the banner at the bottom of the screen and modifying your preferences. This headband will reappear every 6 months in order to renew your consent.

In accordance to regulations, our cookies have a shelf life limited to 13 months maximum after their first deposit on your terminal.

Applicable law and attribution of jurisdiction

These General Conditions of Use are drawn up in French language, in the event of a dispute, no other translation can be made prevail.

Any dispute in relation to the use of the Site is subject to French law. Except in cases where the law does not permit it not, exclusive jurisdiction is granted to the Court of Commerce.