General Conditions of Use

Preamble
Tigmat is a web platform, available at https://app.tigmat.io (the "Site", "platform", "application").

This Site is published by TIGMAT, having its registered office located at 118 Avenue Jean Jaurès, 75019 Paris, France and registered in the Paris Trade and Companies Register under the identification number 893970582, (hereinafter "the Publisher"). Tigmat is accessible to the users (the " Users ").

Tigmat is hosted by AWS, whose head office is located at AMAZON WEB SERVICES EMEA, 31 PLACE DES COROLLES, TOUR CARPE DIEM, 92400 COURBEVOIE. This host can be contacted at this e-mail address: aws-EU-privacy@amazon.com.

The purpose of these Terms and Conditions of Use (the "Terms" or, taken together, the "Agreement") is to set forth the terms and conditions governing the relationship between Users and TIGMAT. In the event of non-compliance with the terms of these Terms, TIGMAT reserves the right to take any action to protect its interests, including, without limitation, to enforce.

Access to and use of the site are subject to acceptance of and compliance with these Terms of Use.

The Publisher reserves the right to modify, at any time and without prior notice, the Site and services as well as these Terms of Use, in particular to adapt to changes in the Site by making new features available or deleting or modifying existing features.
The User is therefore advised to refer to the latest version of the General Terms of Use before any browsing, which can be accessed at any time on the Site.

These General Terms of Use apply, as necessary, to any variation or extension of the Site on existing or future social and/or community networks.

Article 1: Purpose of the site
The Site allows the User to access the following services: Automated testing of web applications, mobile applications, APIs. (the "Service(s)").

TIGMAT, under these Terms, grants Users a limited, revocable, non-exclusive, non-transferable right of access to the Services on a strictly personal basis. Any use of the Platform contrary to its purpose is strictly prohibited and constitutes a breach of these Terms.

Article 2 : Access to website
To be eligible for the Service, a User may be an individual or a corporation.

TIGMAT reserves the right to suspend or deny access to the Site to one or more Users.

Article 3 : Site management
The Editor implements technical solutions necessary to allow a continuous access to the site for the User. However, the Publisher reserves the right to limit or suspend access to all or part of the Site at any time, without notice. Such an interruption could be necessary for reasons of maintenance of the site or its contents, or for any other reason judged necessary for the good functioning of the site by the Editor.

The use of the Platform requires a connection and an Internet browser. The Platform is accessible at the following address: https://app.tigmat.io.

All hardware and software necessary to access the Platform and to use the Services remain the exclusive responsibility of the User.

Article 4 : Contact
The user has the possibility of contacting the Editor for any question or request for information concerning the Site, or any report of contents or illicit activities by e-mail at the address contact@tigmat.io.

Article 5 : Use of platform services

  • 5.1 User obligations
    Users are prohibited from:
    • transmit, publish, distribute, store or destroy any material, in particular Tigmat content, in violation of applicable laws or regulations regarding the collection, processing or transfer of personal information.
    • to disseminate data, information or content of a defamatory, insulting, obscene, offensive, violent or inciting to violence nature, or of a political, racist or xenophobic nature and, in general, any content that is contrary to the laws and regulations in force or to good morals.
    • reference or link to any content or information available from the Tigmat Sites, except with the express prior written consent of TIGMAT.
    • use any information, content or data on the Site to provide a service considered competitive to Tigmat.
    • sell, trade or monetize any information, content or data on the Platform or Services offered on the Platform without the express written consent of TIGMAT.
    • reverse engineer, decompile, disassemble, decrypt or otherwise attempt to obtain source code in connection with any underlying intellectual property used to provide all or part of the Services.
    • use any manual or automated software or devices, robots or other means to access, search, retrieve or index any page of the Site.
    • endanger or attempt to endanger Tigmat's digital security. This includes attempts to monitor, scan or test the vulnerability of the system or network or to violate security or authentication measures without prior express authorization.
    • infringe or use TIGMAT's products, logos, trademarks or any other elements protected by intellectual property rights.
    • simulate the appearance or functioning of the Site, for example by using a mirror effect.
    • disrupt or interfere, directly or indirectly, with Tigmat, or impose a disproportionate load on the infrastructure of the Site, or attempt to transmit or activate computer viruses through or on the Site.
    • to test third party applications or websites without their authorization

    Users are reminded that violations of system or network security may result in civil and criminal liability. TIGMAT will verify the absence of any such violation and may call upon the legal authorities to prosecute, if necessary, Users who have participated in such violations. Users agree to use the Site in a fair manner, consistent with its purpose and in accordance with applicable laws, regulations, these Terms and Conditions and customary practices.

  • 5.2 User accounts
    The Editor reserves certain services of Tigmat to the Users having proceeded to their registration on the site, that concerns in particular the paying services. At the time of his registration, the User commits himself supplying valid and sincere information. He commits himself in particular to provide the Editor with an email address so that the latter can communicate information to him.

    Any information communicated by e-mail from the Editor to the User will be deemed to have been read by the latter.

    Any user regularly registered on the Site will be able to ask for the deletion of his customer account, the Editor undertakes to delete the customer accounts for which he will have received such a request. Some data may be stored for a certain period of time if deemed necessary.

    Customer personal data is deleted after 36 months without the customer logging in.

Article 6 : Intellectual Property All content on the Site, including but not limited to designs, text, graphics, images, videos, information, logos, button icons, software, audio and other files, is the property of TIGMAT, which is the sole owner of all intellectual property rights therein.

Any representation and/or reproduction and/or exploitation, in whole or in part, of the contents and Services offered by Tigmat, by any means whatsoever, without the prior written consent of TIGMAT, is strictly prohibited and may result in legal action.

Article 7 : Personal data All personal data held by TIGMAT is collected lawfully and fairly in accordance with the terms of the privacy policy available at this address: https://tigmat.io/privacy-policy.

This data is provided by Users who voluntarily and expressly agree to these Terms authorizing TIGMAT to process, disclose or transfer such data to any third party for the purpose of (i) enabling the User to take full advantage of the Services and features offered by the Site, (ii) preventing fraud and/or (iii) for statistical purposes.

Personal data is stored by TIGMAT for processing in connection with the use of the Services. It is kept for as long as necessary for the provision of the Services and functions offered by the Site.

The User always remains the owner of the information concerning him/her that he/she transmits to TIGMAT. In accordance with the law n° 78-17 of January 6, 1978 in its consolidated version of March 24, 2020, the User has the right to access, rectify and delete personal data concerning him/her, as well as the right to oppose the communication of such data to third parties for just reasons.

The User may exercise his rights by writing to the following e-mail address: contact@tigmat.io.

A response to the User's request will be sent within 30 days.

Article 8 : Responsibility Users are reminded that data posted by them and information shared by them may be collected and used by other Users or third parties. In this sense, TIGMAT does not guarantee the respect of the property of these data, it is up to the User to take all necessary measures to preserve the property of his data.

TIGMAT does not guarantee uninterrupted or error-free operation of the Services, in particular, TIGMAT shall not be liable for any interruption of access to the Platform due to maintenance, upgrades or technical improvements.

In any event, under no circumstances shall TIGMAT be liable for any indirect or consequential loss or damage to User or any third party, including, without limitation, any lost profits, unfortunate investments, inaccurate or corrupted files or data, loss of image or business, loss of sales or profits, loss of goodwill or loss of opportunity on any account and on any basis whatsoever. In addition, TIGMAT shall not be liable for any delay or non-performance of this Agreement caused by force majeure, as defined by the case law of the French courts.

Article 9 : Evidence agreement The computer systems and files shall be deemed authentic in the relationship between TIGMAT and the User.

Thus, TIGMAT may validly produce in any proceedings, for purposes of proof, the data, files, programs, recordings or other elements, received, issued or stored by means of the computer systems operated, on any digital or analog media, and rely on them unless there is an obvious error.

Article 10 : Indivisibility The fact that any provision of the Agreement is or becomes illegal or unenforceable shall not affect the validity or enforceability of the remaining provisions of the Agreement.

Article 11 : Settlement of disputes The conclusion, the interpretation and the validity of the present Contract are governed by the French law, whatever the country of origin of the User or the country from which the User accesses Tigmat and notwithstanding the principles of conflicts of laws.

In the hypothesis where a dispute relating to the validity, the execution or the interpretation of the present Contract and would be brought before the civil jurisdictions, it will be subjected to the exclusive competence of the French courts to which it is expressly made attribution of competence, even in case of summary proceedings or of plurality of defendants.

The User is informed that he/she can in any case resort to a conventional mediation or to any alternative method of dispute resolution (conciliation for example) in case of dispute.

Article 12 : Duration of the general conditions of use The present general conditions of use are concluded for an indefinite duration, the User is held to respect them as from the beginning of his use of the Services.

The Publisher reserves the right to modify this document at any time and without notice. The users will be informed of each update of the document.