The French version is authoritative in the event of any discrepancy.

General terms and conditions of sale and use

1. Purpose

These terms and conditions govern access to and use of the service. The service consists of the automated monitoring of websites: it records the state of the technologies used, the validity of certificates, availability and various publicly observable technical characteristics, produces findings from them and informs the user accordingly.

The service is intended for professionals. By subscribing, the user declares that they are acting in the course of their professional activity and provides the identification information needed to issue invoices.

The service is intended exclusively for professionals (companies, self-employed persons, public administrations, associations) acting in the course of their activity. It is not offered to consumers within the meaning of consumer law. By subscribing, the user declares that they are acting in a professional capacity.

2. What the service is, and what it is not

The service is a tool for monitoring technical obsolescence. It is neither a security audit, nor a penetration test, nor a guarantee against intrusions, failures or data loss.

The findings produced are based exclusively on information that is publicly observable from outside the site. They do not prejudge the actual state of the installation, in particular where patches have been applied without the publicly announced version reflecting them.

The publisher is bound by an obligation of means. It does not guarantee the completeness, accuracy or currency of the findings produced: a technology may not be detected, a version may be wrongly announced by the site analysed, and the absence of a finding shall in no case constitute an attestation of the compliance, security or good condition of a site.

The user remains solely responsible for the operation, maintenance and security of their sites, and for the decisions they take in light of the information provided by the service. It is for the user to have any intervention validated by a competent professional.

The publisher cannot be held liable for the consequences of an intrusion, failure or data loss affecting a monitored site, whether or not the service has reported a related finding.

3. Account and access

Registration for the service is open. Placing a site under monitoring is subject to validation of the account by the publisher.

The user declares that they are the owner of the sites they declare, or that they hold their owner's authorisation to request that they be monitored. The publisher reserves the right to refuse or withdraw the monitoring of a site without having to give reasons.

The user is responsible for the confidentiality of their login credentials and for any action carried out from their account. They shall inform the publisher without delay of any unauthorised use.

The publisher may suspend access, immediately and without compensation, in the event of use contrary to these terms and conditions or where the monitoring of a declared site is challenged by the holder of that site.

4. Obligations of the user

The user undertakes to use the service only within the framework provided for by these terms and conditions. In particular, the user shall not:

• request the monitoring of a site of which they are neither the holder nor the authorised agent;
• resell, redistribute or make access to the service available to third parties, except in the cases expressly provided for by the Agency plan;
• extract the content of the service in an automated or systematic manner, analyse its internal workings or attempt to circumvent its limitations;
• present the results of the service as a security audit, a certification or a guarantee, to any third party whatsoever.

Any breach entitles the publisher to suspend access and then, after formal notice has remained without effect for fifteen days, to terminate the subscription without refund of the current period.

5. Free trial

A fourteen-day trial is offered with no commitment and no means of payment. It begins when the account is validated by the publisher.

At the end of the trial, if no subscription has been taken out, the account switches to read-only access. The data is retained.

6. Financial terms

The plans, their features and their prices are set out on the pricing page of the service. Two billing frequencies are offered, monthly and annual. Payment by bank card is available for both frequencies. Payment by bank transfer, including through the Chorus Pro portal, is reserved for the annual frequency.

The prices displayed are exclusive of tax. The applicable value added tax (VAT) is added according to the customer's country of establishment, status and the regulations in force; the total amount is displayed before the order is confirmed. Payment is made in euros; any conversion fees and bank charges are borne by the customer.

Payment is made by bank card, through a payment service provider, or by bank transfer. On its expiry date, the subscription is renewed for an identical term. For payment by bank card, renewal gives rise to a charge to the registered means of payment. For payment by bank transfer or through Chorus Pro, a pro forma renewal document is sent to the customer thirty days before the expiry date; failing payment on the expiry date, the service switches to read-only access until payment is received. An invoice is issued for each due date and made available in the customer's personal area.

If a charge fails, further attempts are made and the customer is informed. Access is maintained during this period and ends when payment could not be obtained, without prejudice to the recovery of the sums due.

The publisher may revise its prices, subject to thirty days' notice given electronically. The new price applies from the first due date following its effective date; the price for the current period remains unchanged until its end. The customer retains the right to terminate under the conditions of Article 7. A change in the tax rate resulting from a change in regulations applies automatically.

7. Term, termination and change of plan

The subscription is taken out for the term corresponding to the chosen billing frequency and is renewed at the end of that term, unless terminated.

The customer may terminate at any time from their personal area. Termination takes effect at the end of the current period; access is maintained until then and the sums corresponding to that period are retained by the publisher.

Deleting the account constitutes immediate termination of the subscription. The sums corresponding to the current period are retained by the publisher.

Upgrading to a higher plan takes effect immediately and gives rise to additional invoicing pro rata to the remaining part of the period. Downgrading to a lower plan takes effect at the end of the current period, without adjustment.

For payment by bank transfer or through Chorus Pro, upgrading to a higher plan takes effect immediately; an additional pro forma document is sent to the customer, calculated pro rata to the days remaining until the expiry date. Downgrading to a lower plan takes effect at the end of the current period.

Upgrading to a higher plan is done from the personal area. Downgrading to a lower plan, or switching from an annual to a monthly billing frequency, is done on request to the publisher and takes effect at the end of the current period.

8. Availability of the service

The publisher uses reasonable means to ensure the availability of the service, without any guarantee of continuity. Interruptions may occur, in particular for maintenance.

The frequency of analyses and readings is determined by the publisher and may change.

The service is not subject to any service level commitment or any availability penalty. The publisher is not liable for interruptions attributable to the network, the hosting provider, third-party providers, or the analysed sites themselves.

8 bis. Intervention times

The processing times for intervention requests depend on the nature of each finding and on the situation of each site. No time is guaranteed under these terms and conditions. For Premium offers, intervention times are set in the service contract concluded with the customer. The first response time indicated in the service is given for information only.

9. Liability

The publisher's liability may only be incurred in the event of proven fault and only for the direct and foreseeable damage resulting from it.

Indirect damage is excluded, in particular loss of business, loss of turnover, loss of customers, loss or corruption of data, and damage to reputation.

In any event, and except in the case of gross negligence or wilful misconduct, the total amount payable by the publisher in respect of a single incident may not exceed the amount of the sums actually collected from the user during the twelve months preceding the event giving rise to liability.

The publisher is in no case liable for the consequences of an intrusion, failure, unavailability or data loss affecting a monitored site, whether or not the service has produced a related finding.

10. Warranty given by the user

The user warrants that they are the holder of the sites whose monitoring they request or that they hold the authorisation of their holder.

The user shall indemnify the publisher against any claim, action or judgment by a third party arising from the monitoring of a site declared without right, and shall bear the corresponding defence costs.

11. Force majeure

Neither party is liable for a failure caused by an event beyond its reasonable control. If the impediment lasts more than sixty days, either party may terminate without compensation.

12. Intellectual property and licence of use

The service, its interfaces, its documentation, its databases and its analysis methods remain the exclusive property of the publisher. The subscription confers a personal, non-exclusive, non-transferable right of use limited to the term of the subscription.

The reports and findings provided may be used freely by the user for their own needs and those of their customers, excluding any resale and any republication for consideration.

13. Personal data

The processing of personal data is described in the privacy policy, which forms an integral part of these terms and conditions.

14. Agreement on evidence

The records kept by the publisher, namely connection logs, sending logs, the history of analyses and the records of acceptance of these terms and conditions, are accepted between the parties as a means of proof of the operations carried out.

15. Assignment

The publisher may assign the benefit of these terms and conditions, in particular in the context of a reorganisation or a transfer of business, the user being informed thereof. The user may not assign their subscription without prior written consent.

16. Applicable law and disputes

These terms and conditions are governed by Spanish law. Disputes fall within the jurisdiction of the courts of the publisher's registered office.

Language. These terms and conditions are drawn up in French. Translations are provided in English and Spanish for the customer's convenience. In the event of any discrepancy or difficulty of interpretation, the French version prevails.

17. Amendment of the terms and conditions

The publisher may amend these terms and conditions. Users are informed thereof, and continued use of the service constitutes acceptance of the version in force.

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