Terms of use – Sorga

BY USING SORGA.APP, YOU AGREE TO ABIDE BY THESE TERMS OF USE. IF YOU DISAGREE WITH OR REFUSE TO ACCEPT ONE OR MORE OF THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY STOP USING SORGA.APP.

PRELIMINARY ARTICLE: Definitions
“Terms of Use”: these Terms of Use for Sorga.app.
“Service(s)”: the main features of the Services available on sorga.app that can be used by the User are:

Product information (why/what/how/who/where/tag tracks)
Features related to desires (share/where to buy/write to the brand/etc.)
Features related to the vault (certificate of authenticity / share / event history / add an event / participate in the loyalty program / report the product as lost, stolen, counterfeit, destroyed / write to the brand / write a review / etc.)

“SORGA”: The entire SORGA technological solution offered by CONNECTED PRODUCTS, a simplified joint stock company with capital of €10,000.00, whose registered office is located at 1, rue de Stockholm, 75008 Paris, registered with the Paris Trade and Companies Register under number 930 457 080.

“User”: any legal entity or natural person who uses the Services after opening an online account.

ARTICLE 1 – Scope of application

The Terms and Conditions of Use (TCU) apply, without restriction or reservation, to all Users of sorga.app. Users are required to read them before using the site. The choice and use of any of the SORGA Services is the sole responsibility of the User.
These Terms of Use are accessible at any time on sorga.app and shall prevail, where applicable, over any other version or any other contradictory document. The User declares that they have read and accepted the Terms of Use by checking the box provided for this purpose before starting the login process. Unless proven otherwise, the data recorded in SORGA’s computer system constitutes proof of all interactions between the User and sorga.app. Opening a SORGA account by the User constitutes acceptance without restriction or reservation of these Terms of Use. The User acknowledges that they have the required capacity to contract and use the Services offered on sorga.app.
The Services provided through sorga.app comply with the regulations in force in France. SORGA cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided. It is the responsibility of the User, who is solely responsible for choosing the Services requested, to verify their compliance with local legislation.

ARTICLE 2 – Conditions of access to sorga.app Services

SORGA may modify the provisions of this agreement at any time and will inform the User accordingly. Use of the Service after such changes have been made constitutes the User’s consent. SORGA may modify and improve the Services at its sole discretion.
SORGA reserves the right to refuse and/or remove access to the Service, unilaterally and without prior notification, to any User who does not comply with the Terms of Use.
SORGA reserves the right to interrupt, temporarily suspend, or modify access to all or part of the Service without prior notice, in order to perform maintenance or for any other reason, without the interruption giving rise to any obligation or compensation.
Access to the Services is available free of charge to any User with Internet access, who bears the associated costs of access, whether hardware, software, etc. The User is solely responsible for the functioning of their computer equipment and Internet connection.
To access the Services, the User must provide certain information about themselves. The User undertakes to ensure that this information is accurate, correct, and up to date.
Access to the Services requires the use of a username and password: The password is confidential information that must be kept secret. The User undertakes to keep their password secret and not to disclose it in any form whatsoever.
The User must take all necessary measures to protect their own data against any infringement.

The User agrees to access the Services only through the interface provided and not to use or attempt to use automated means (scripts and crawlers). The User agrees to receive administrative, informational, and news emails necessary for the proper use of sorga.app.
sorga.app installs cookies on the Internet browser of the User of sorga.app in order to enable its proper functioning and use. Some of these cookies are used to recognize the User when they reconnect, to measure audience size, and to improve sorga.app. sorga.app does not currently use remarketing cookies.
We do not track Users outside of sorga.app.
Decompiling, reverse engineering, disassembling, renting, lending, selling, sublicensing, or creating derivative works of sorga.app or its content is prohibited. The use of network monitoring and discovery software for the purpose of determining the architecture of sorga.app or extracting data relating to its use, individual identities, or users is also prohibited.
The use of robots, spiders, other software, or automatic devices or manual processes to monitor or copy sorga.app or its content without prior written permission from SORGA is prohibited. The use of sorga.app to transmit erroneous, misleading, fraudulent, or illegal communications is prohibited. Any copying, modification, reproduction, republication, distribution, consultation, or transmission of all or part of sorga.app for commercial, non-profit, or public purposes is prohibited, except as authorized above. The use, export, or re-export of sorga.app, any portion thereof, or its content is prohibited and constitutes a violation of French laws and regulations. Any unauthorized use of sorga.app or its content is prohibited.

ARTICLE 3 – Publications in the interactive areas of sorga.app

As part of their contribution to the interactive areas of sorga.app, Users agree not to publish, upload, or distribute illegal or abusive content, including, without limitation, content that is defamatory, slanderous, pornographic, obscene, threatening, or infringing on privacy or personality rights, including hate speech, constituting or encouraging criminal offenses, violations of the rights of any party, or engaging in liability or violating local, national, or international law, whether intentionally or unintentionally. SORGA reserves the right to delete posts at any time, without cause and without the User’s permission.
Posts are made under the User’s real identity and cannot be published anonymously. Notwithstanding the foregoing, if the registration page applicable to contributing to an interactive area allows the creation of a pseudonym, you may choose and use a pseudonym different from your real identity, provided that you use your real identity when registering to contribute to interactive areas. Contributors to interactive areas agree not to use a false identity and not to conceal their affiliation with any person or organization. SORGA is not required to monitor or control publications and declines all responsibility for their content or any content associated or linked to them. Users are solely responsible for the editorial content of the posts they publish on sorga.app. SORGA reserves the right, at its sole discretion, to monitor interactive areas, control, modify or prevent the publication, posting or distribution of posts, or to delete posts at any time, with or without cause.
All interactive areas are intended for personal use only. Any unauthorized use of the interactive areas, content, or posts on sorga.app is strictly prohibited.
Content from third parties (including, without limitation, posts) may be published on sorga.app or be accessible through links on it. SORGA accepts no responsibility for any violations, errors, misinterpretations of the law, defamation, slander, omissions, falsehoods, obscenity, pornography, or vulgarity that may appear in statements, opinions, representations, or any other form of third-party content published on sorga.app. You acknowledge that the information and opinions expressed in third-party content are not endorsed by SORGA and do not reflect its thoughts or opinions. Furthermore, the information and opinions provided by SORGA employees and agents in interactive areas are not systematically endorsed by SORGA and do not reflect its thoughts or opinions.

ARTICLE 4 – Intellectual property

As a user of sorga.app, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use sorga.app and its content in accordance with the Terms of Use. SORGA may revoke this license at any time and for any reason.
The content of sorga.app is the property of SORGA and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Furthermore, SORGA remains the owner of all intellectual property rights to photographs, presentations, logos, SORGA TAGs, tags, studies, drawings, models, prototypes, user manuals, graphical interface screens, etc., produced (even at the User’s request) for the purpose of providing the Services to the User. The User therefore undertakes not to reproduce or exploit the said studies, drawings, models, and prototypes, etc., without the express prior written authorization of SORGA, which may make such authorization conditional upon financial compensation.
The User grants SORGA a non-exclusive, royalty-free, perpetual, and international license and authorization to use, including on its own behalf, any ideas, expressions of ideas, texts, images, messages, opinions, links, data, information, and other documents that you publish (collectively referred to as “publications”) on sorga.app. This license is without restriction, without payment or notification from SORGA, and does not require authorization from you or any third party. It also confers the right to produce, use, reproduce, publish, edit, adapt, prepare derivative works, combine with other works, translate, distribute, display, perform, and sublicense publications in various forms, media, or using existing or subsequently developed technologies.

The User certifies and warrants that the publications: (i) are original works, or that the author of such works has granted SORGA and SORGA’s third-party partners express, perpetual, international, royalty-free, and non-exclusive authorization for said works, as well as all rights that you have conferred on the latter, and (ii) do not and will not infringe the rights of any third party, including publicity rights, privacy rights, copyrights, patents, and other intellectual property or proprietary rights.
The User acknowledges and agrees that posting on sorga.app does not create or modify any existing relationship between you and SORGA.
By posting on sorga.app, the User acknowledges and agrees that SORGA is entitled to create or obtain posts inspired by its own ideas that may be similar or identical to those of the User. The User waives any recourse against SORGA for any alleged or proven infringement or unlawful appropriation of property rights or any other rights relating to the posts they submit to SORGA.

ARTICLE 5 – SORGA’s liability

SORGA uses all reasonable means at its disposal to ensure quality access to the Services, but is under no obligation to do so.
SORGA cannot be held liable for connection difficulties due to Internet disruptions or any financial or reputational loss, nor for any special, direct, indirect, or consequential damages resulting from or related to the use of sorga.app.
It is hereby reiterated that, in accordance with the French Digital Economy Trust Act No. 2004-575 of June 21, 2004, SORGA’s liability is formally excluded with regard to content transmitted or stored on sorga.app if it was not aware of the illegal nature of the data or if it acted promptly to remove such data or make it inaccessible, in accordance with any injunction issued by the User. Consequently, the User indemnifies SORGA against any action taken by a Third Party as a result of data passing through sorga.app or the User’s actions on sorga.app.
The Customer acknowledges that SORGA has no control over the transfer of data via the public telecommunications networks used by the User to access the Site and in particular sorga.app.

The Customer acknowledges and accepts that, given the characteristics of the Internet, SORGA cannot be held liable in particular for:
● The confidentiality of data during its transfer over the Internet;
● The content of data saved under sorga.app, its use and updating, as well as any files, including address files, but also sound, text, images, design elements, and data accessible on the servers for any reason whatsoever;
● Any misuse of passwords, confidential access codes, and more generally any sensitive information belonging to the User. SORGA cannot be held responsible for this management, which is the responsibility of the User;
● Indirect damages, i.e., any damages that do not result directly and exclusively from the partial or total failure of sorga.app, such as commercial damage, loss of orders, damage to brand image, any commercial disruption, loss of profits or customers, for which the User shall be his or her own insurer or may take out appropriate insurance. Any action taken against the User by a third party constitutes indirect damage and therefore does not give rise to any right to compensation.
Furthermore, SORGA cannot be held liable in the following cases, among others:
● Following an interruption in the supply of electricity or transmission lines due to public or private operators;
● Failure of Sorga.app linked to a defect in the User’s equipment for which they are responsible;
● Collection, dissemination, transmission, use, or updating via the Internet of data not declared by the User and/or processed by the User in a manner that does not comply with the provisions of the GDPR and/or the French Data Protection Act No. 78-17 of January 6, 1978;
● Content and integrity of User data transmitted via sorga.app;
● Use of all or part of sorga.app when SORGA, due to a problem or for any other reason, has recommended suspending its use;
● Use of sorga.app in an environment or configuration that does not comply with SORGA’s instructions, or in connection with third-party programs or data not expressly endorsed by SORGA;
● Use, in connection with sorga.app, of programs not provided or endorsed by SORGA and likely to affect sorga.app or the User’s data;
● Failure by the User to comply with the prerequisites;
● A case of force majeure or a decision by the authorities;
● Malfunction or misuse by the User of the User’s applications and/or IT infrastructure;

Furthermore, and in any event, SORGA shall in no way be held liable for any indirect and/or immaterial damages suffered by the User that may arise from or in connection with the use of sorga.app, including, but not limited to, loss of earnings or profits, loss of data, loss of opportunity, commercial damage, the consequences of complaints or claims by third parties against the User, notwithstanding the fact that SORGA may have been warned of the possibility of their occurrence. SORGA shall not be held liable under any circumstances for the content of the stored data. The Customer undertakes to indemnify and hold SORGA harmless against any claim of any kind that may be made against it in relation to the content of the data.
More generally, outside of SORGA’s control, SORGA cannot be held liable for any intrusion by third parties into the User’s system, nor for the direct or indirect consequences of such intrusion, nor for any fault, negligence, or act of any kind committed by the User or third parties.
Furthermore, SORGA shall in no way be liable for any damage suffered by the User resulting from fraudulent access to said data by a third party in possession of the User’s login credentials.
In any event, SORGA’s total and cumulative liability is limited to the amount paid by the User to SORGA during the year in which the damage occurred.
For the part of the services that are performed by a subcontractor of SORGA, the User acknowledges that the obligations contracted by SORGA towards the User shall not exceed the rights enjoyed by SORGA under the contract signed with said subcontractor.
Consequently, the User waives the right to claim from SORGA any rights in excess of those held by SORGA against the said subcontractor and accepts that all the clauses of these Contracts are fully enforceable against him/her.
SORGA declines all responsibility for any communications from third parties that the User may receive or for any actions that you may or may not take as a result of receiving them. The User is solely responsible for evaluating and verifying the identity and reliability of the sources and content of any third-party communications. SORGA disclaims all responsibility for verification and makes no representations or warranties as to the identity or reliability of the sources or content of such communications. In this document, the term “third-party communications” refers to any communication addressed to you and originating from a third party directly or indirectly related to the Site.

ARTICLE 6 – Applicable law – Language

These Terms of Use and the transactions arising therefrom are governed by and subject to French law.
These Terms of Use are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 7 – Disputes

Any disputes arising from the use of sorga.app or the Services, concerning their validity, interpretation, execution, termination, consequences, and repercussions, which cannot be resolved between SORGA and the User, shall be submitted to the competent courts under the conditions of common law.
Only the Paris Commercial Court shall have jurisdiction when the User is a merchant.
The User is informed that, in any event, they may resort to conventional mediation, in particular with the Consumer Mediation Commission (Consumer Code, Art. L 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (e.g., conciliation) in the event of a dispute.

ARTICLE 8 – Pre-contractual information – User acceptance

The User acknowledges having received, prior to opening their account, in a legible and comprehensible manner, these Terms of Use and all the information listed in Article L. 221-5 of the Consumer Code, and in particular the following information:

information relating to the right of withdrawal (existence, conditions, time limit, procedures for exercising this right, and standard withdrawal form), termination procedures, and other important contractual conditions.
the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
the price of Services and related fees;
in the absence of immediate performance of the contract, the date or deadline by which SORGA undertakes to provide the Services ordered;
information relating to SORGA’s identity, postal address, telephone number, email address, and activities, if not apparent from the context,

information relating to legal and contractual warranties and their terms and conditions;
the functionalities of digital content and, where applicable, its interoperability;
the possibility of resorting to conventional mediation in the event of a dispute;
information relating to the right of withdrawal (existence, conditions, time limit, procedures for exercising this right, and standard withdrawal form), termination procedures, and other important contractual conditions.