TERMS & CONDITIONS
We welcome you to thisisalf.com and thank you for your trust.
This service is proposed by aslalf.com with a capital of 8 601 € headquartered in France at 9 rue des Colonnes – 75009 PARIS, France registered under the number 845 055 102 at the Trade Registry of PARIS (Alf).
The Alf website is hosted by AWS, USA and the servers used are located in Europe.
You will find below information about the terms of use of the Site, our contractual relationship in the event that you choose our Services, and finally why and how we collect your personal information when you use our Site and / or Services.
By accessing or using the website and / or the services provided by Alf, you acknowledge that you (i) have read and agree to be bound by the following Terms applicable to the day of your last login (” the Terms “) and (ii) you agree to comply with all applicable laws and regulations. If you do not agree to these Terms, we are unfortunately unable to provide you with our Services and you must stop using the Site. However, we would be happy to understand your decision so feel free to email us at (hello@thisisalf.com)
The Terms cover all of the following provisions:
A. General Terms and Conditions of Use of the Services.
B. Terms and conditions
To simplify the reading of these Terms, here are the definitions of the names used:
“Website” refers as to any website whose access is provided by Alf, including but not limited to thisisalf.com as well as all the subdomains offered in direct access from the thisisialf.com site
“Services” refer to the Site, the software and all services provided by Alf via the Site and described below paid or free.
“Alf”, “us”, “our” and “ours” refer to the company ThisisAlf.com.
“User”, “You”, “Your” and “Yours” refer as to each customer, visitor who uses the Website and / or Services on his behalf. If you access or use the Services on behalf of any company, organization or other entity, then, (a) “You”, “Your” and “Yours” also refer to that entity, (b) you represent and warrant that you are an authorized representative of the entity with authority to bind that entity, and (c) you agree to the Terms on behalf of that entity.
“Customer” refers as to any Customer of the User, whose information will be collected during the use of the Services and / or the Website by the User for his business needs, and which therefore does not use the Services directly and in his name.
“User Information” refers as to the information (including Personal Information as defined in C. The Privacy Policy) as well as all information relating to the personal and business situation, profile, transactions, comments, questions, and any type of informative content (including documents, posts, videos, presentations, etc.) provided when the Website is used, or collected by Alf and / or by the User (as part of his relationship with the Customer in particular), for or while using or performing the Services.
“Third Party Providers” refers as third party service providers with whom Alf has entered into partnerships in order to offer and provide you with the Services.
“Intellectual Property Rights” refers as to all rights in patents, copyrights, trademarks, trade secrets, and all other intellectual property rights existing or available to be known at a later date, and therefore all applications and registrations, resulting renewals and extensions, within the laws of any country, territory or jurisdiction.
“Documents” refers as documents drawn from the forms completed by You, accessible in electronic format on the Website for the execution of the Services.
A. Terms of Services
Alf provides you with a Site and self-service tools / software, including many essential features for legal and financial professionals: (ii) the provision of free Services ordered on Your behalf, directly or via our Third Party Partners; (iii) where applicable, contacting our Third Party Providers for consulting services, account creation or even underwriting a contract with a Third Party Provider; (iv) notification service and informative alerts; (v) blog, videos, general information.
1. Our Services
alf met à votre disposition un Site et des outils/logiciels self-service, incluant de nombreuses fonctionnalités indispensables pour les professionnels du droit et du chiffre (i) la réalisation de Services gratuits commandés en Votre nom, directement ou via nos Tiers Partenaires ; (ii) le cas échéant, la mise en relation avec nos Tiers Partenaires pour des Services de conseil ; (iii) service de notification et d’alertes informatives ; (iv) blog, vidéos, information générale.
2. Services recipients
Alf is intended for major and capable individuals and for legal persons represented by an authorized intermediary. The user, natural person or legal person, recognizes, through the use of the Services, that he is acting for purposes that fall within the scope of his commercial, industrial, artisanal or liberal activity and that he is therefore not a consumer within the meaning of the law of consumption. If You are subject to laws other than French law, You acknowledge that the Services are offered to You at your own risk and that You are fully responsible for their compliance with the laws and regulations that apply to You, including without limitation, regulations relating to taxes, labor, customs, immigration, etc.
3. Your account
To use the Website or the Services in whole or in part, in Your name or on behalf of Your Customer, you create a free user account with an email and a password (“Your Account”) allowing your certain identification. The creation of this account entails your unconditional acceptance of these Terms and their successive updates. You agree to the applicable Terms when you last logged in.
4. Your account security
You are fully and exclusively responsible for the activity on Your Account. You must ensure the security, confidentiality and integrity of Your Account as it allows us to identify you to provide you with our Services. Thus, (i) you may not at any time use the account of a third party or (ii) let a third party use Your Account and (iii) you must always log out and close your browser when your session is terminated. Otherwise, you are personally liable to Alf for any loss suffered as a result of the use of Your Account by someone other than yourself. Alf declines all responsibility for any damage or consequences suffered by you or a third party in the event of a breach of these safety obligations.
5. Modification and closing of your account
Alf reserves the right to close or suspend Your Account permanently or temporarily and/or terminate your order in the event of a breach of any of the Terms. Subject to applicable law, in the event that Alf suspends, modifies or permanently terminates your Account, you will be given a reasonable time to make a copy of the Information and Documents available. You agree not to receive any compensation or indemnity of any kind for any loss or damage suffered as a result of such decision.
You may also terminate Your account at any time, without notice or justification, by simple letter or e-mail, subject to the subscription conditions subscribed to, if any.
In the event that You terminate Your account and/or Your order under the conditions described above, Alf undertakes to delete and return all User Information upon Your request within a reasonable time.
6. Security and integrity of information
Subject to the elements set forth in the Privacy Policy, we implement reasonable and available measures to maintain the security and integrity of our exchanges with You and the integrity of the User Information about You and Your Customers. On the one hand, your certain identification is ensured by the security of Your Account in accordance with Article 4). And on the other hand, we preserve the integrity of storage, transport and access to electronic exchanges exchanged with you using Heroku storage infrastructures. Inc. This provider uses the best available encryption technologies such as “Secure Socket Layer” (SSL). Note that although no service is tamper-proof, most of our service providers such as Heroku, Inc. maintain the ISO 27001, SOC 1 and SOC 2/SSAE 16/ISAE 3402 (Previously SAS 70 Type II), PCI Level 1, FISMA Moderate, Sarbanes-Oxley (SOX)certifications and have years of management and security experience large scale data centers.
7. Your license rights of the Services
For the purpose of using the Services, you have a personal, non-exclusive, worldwide, non-transferable, freely revocable license to use the Services exclusively for your personal and / or professional use, during the term of the subscription / contract.
You are prohibited under penalty of prosecution for the purpose of compensation, any disassembly, decompilation, decryption, extraction, reuse, copies and more generally, acts of adaptation, modification, reproduction, representation, distribution and use of any one of these elements in whole or in part, and without this list being exhaustive.
8. Non-commercial use of the Services
In all circumstances You agree NOT to engage in any of these prohibited activities directly or indirectly: (i) the copying, distribution or disclosure of all or any of the Services in any medium, including without limitation all types of “scraping” automated or not; (ii) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services; (iii) any behavior or actions likely to impose a disproportionate burden on the infrastructures of the Services; (iv) the use of any automated service access system that allows Alf servers to send more queries than a human can produce in the same period (subject to the revocable public search engine operators for creating public indexes for online search purposes but without caching or archiving of data); (v) the transmission of spam, mail strings or any other unsolicited email; (vi) the intrusion or attempted intrusion, the compromise of the integrity or security of the systems on which the Services are implemented, including the loading of invalid data, viruses, worms or any other malware ; (vii) collecting or retrieving any personally identifiable information from the Services; (viii) the use of the Services for the purpose of commercial solicitation or in violation of the original purpose of the Services; (ix) the copying, modification, translation, reproduction, extraction of any kind of content transmitted within the framework of the Services, their modification or misappropriation; (x) access to any content on the Services via any technology or means other than those provided or authorized by the Services; or (xi) bypass the security measures implemented to prevent or restrict access to the Services, including without limitation the features that prevent or restrict the use or copying of any content.
9. User’s liability
In case of violation of these Terms by You, you guarantee Alf against all complaints, claims, actions and / or claims of any kind incurred by Alf. You agree to indemnify Alf for any loss suffered and to pay all costs, charges and / or convictions borne by Alf.
You confirm that you have the necessary technical knowledge to ensure proper administration of the Services and, in particular, the handling thereof. You agree to use the Services in good faith. In the event of abnormal use of the Services, Alf reserves the right to terminate the order and terminate Your account under the conditions of Article 5. Moreover, Alf can not be held liable for any lack of functioning of the Services as a result of the misuse of the Services by You.
The User will strictly respect the obligations of confidentiality specific to his profession, in particular as regards a lawyer, and in particular with regard to the Customer’s Personal Information. Under no circumstances will Alf be held responsible for any use of the Customer’s Personal Information by the User made against the confidentiality rules as well as the rules of ethics specific to the profession of the User.
Accordingly, if the Customer is not satisfied with the service provided by the User in the context of his professional activity, he must contact the User directly in accordance with the common law of professional liability.
10. Alf liability and duties
Alf may terminate unilaterally and without delay the registration of any User, by simple electronic notification and without prejudice to any damages that Alf may claim in case of default.
Consequently, Alf can not be held liable in the event of Your misuse of the Services, or the theft or compromise of Your login information or in case of malfunction of the Services related to a third party or any event beyond the control of Alf. In the event that you suffer, as a result of a manifest malfunction of the Services not resulting from misuse, but because of the third party, or an event beyond the control of Alf, any indirect damage, such as in particular the loss of turnover or opportunity, the loss or modification of the content of the User Information or User Information relating to Your Customers, the responsibility of Alf can not be engaged.
In any event, Alf’s liability with respect to the provision of the Services is limited to the amounts received by Alf under the subscription concerned by the event giving rise to liability.
11. Alf intellectual property rights
With the exception of User Information, of which You remain the owners, systems, software, structures, infrastructures, databases and content of any kind (documents, images, text, graphics, illustrations, logos, patents, brands, photographs, audio , video, music, etc.) and all related intellectual property rights are the exclusive property of Alf
2. Service providers
We may connect to, include or offer products or services from Third Party Providers that are indispensable or even complementary to the functioning of our Website, the execution, management and improvement of our Services. Alf may entrust the performance of all or part of its service(s) to Third Party Providers. If you refuse to accept the use of these Third Party Providers, you will not be able to access our Services and in particular to our Site. See “C. Privacy policy, personal data and cookies”.
13. Modification of Services
Alf decides the nature of the Services offered and remains free to add or delete at its discretion. You may not at any time claim to be exhaustive, maintain or replace the Services or any compensation in any of these hypotheses. Subject to the applicable legal provisions, Alf is free to delete, modify, move or transfer at any time and at its discretion, with or without notification, all Site data, history and User Information stored by or the case Alf has access to a third party provider of its choice. These operations can not engage the responsibility of Alf and can under no circumstances give rise to compensation.
B. Terms and conditions
Alf is not a law firm and does not provide legal advice, in accordance with the law of 31 December 1971 as amended. At no time does the use of the Services create an attorney-client relationship or any other special relationship between You or your Customer, and Alf or any employee, officer of Alf or its affiliates, Third party providers. Accordingly, You acknowledge in particular that (i) Alf assumes no liability arising from or arising from such a relationship and that (ii) you are solely responsible for the adequacy and conformity of the Services and Documents to Your personal situation and / or that of your Clients.
14. Services order policy
Offers of Services offered are valid, in the absence of indication of specific duration, as long as the offers are available. To order a Document or Service, you must (i) create Your Account under the terms of Article 3, (ii) accept the Terms (iii) if applicable, make the payment under the terms of Article 22. Any order constitutes an express agreement on your part at the beginning of the execution of the Services by Alf until their complete execution.
You have a right of withdrawal under the applicable law.
15. Execution of Services
Any order for Services made under the conditions of Article 12 will be executed immediately, if applicable, after the payment of the Services by Alf and/or the Third Party Providers. Once the complete execution of the ordered Service, the generated Documents for these Services will be available in your desk. Documents will be available for download for recording on your computer or external hard drive.
16. Our service providers
To carry out the Services described in Article 1, Alf uses in particular and without limitation, the services of electronic signature, identity verification, communication, certification and expertise to carry out your Services ordered. This is why we use third-party providers of trust. Some third party providers (such as formalists or lawyers) execute your requests on your behalf by mandate in accordance with Article 1984 of the Civil Code, in the shortest possible time, unless impossibility or exceptional delays beyond their control. Alf and these Third Party Providers can only be held to an obligation of means for the execution of the Services ordered.
You undertake to transmit as soon as possible to Alf and Third Party Providers all the information necessary for the execution of the Services, except to personally assume the legal and financial consequences of a delay in transmitting the requested information. You acknowledge that in these circumstances, Alf will not be liable for any direct or indirect consequences of such non-performance for the performance of the Services.
17. Users Information
You acknowledge that all User Information transmitted for the performance of the Services is complete, authentic, accurate and in accordance with the law. Thus, you affirm and guarantee (i) to be fully responsible for User Information and the consequences of their sharing with Alf, our Third Party Providers and any authority contacted for the performance of the Services, (ii) that Alf does not provide or guarantee, and expressly disclaims any financial value to the User Information. In particular and without limitation, you accept and guarantee your civil and criminal liability in case the User Information or any information transmitted by You: (i) constitutes or contributes to a civil or criminal offense such as for example and without limitation the offense false declaration or identity theft; (ii) violates, creates damage to the rights or property of a third party including, without limitation, intellectual property rights, breach of business secrecy or the Securities Information Protection Act, etc. ; (iii) contains any information or content that may be considered unlawful, deceptive, abusive, abusive, in violation of the right to privacy or as constituting harassment, defamatory, threatening or otherwise objectionable; (iv) is intended for the practice of illegal activities such as, without limitation, activities contrary to morality or public order.
The User remains the exclusive owner of the information concerning him and transmitted by him. The user expressly authorizes Alf to use User Information for the performance of the Ordered Services and the uses described in part C. Privacy and cookies policy.
18. Proof and electronic signature of Your Documents
Some services are offered with an electronic signature service. You thus consent to the use of this service and accept a proof agreement for the dematerialization of our exchanges, in accordance with article 1366 of the Civil Code.
Therefore, you understand and agree that the electronic means of evidence administered by Alf will be the sole basis of our relationship. The computerized records of Alf and its Third Party Providers shall be considered as proof of communications, orders, accessions, payments and transactions between us and that the following principles will apply: You agree that our exchanges and the signed documents when using the Services use the simple or advanced electronic Signature process. This technology, after identification, makes it possible to link a signatory to an unalterable file, thus (i) on the one hand, your identity document (National identity card or passport), your email, password, number telephone numbers and SMS received on this number are exclusive and personal and authorize the authentication of your identity both for our Services and our Third Party Providers, (ii) on the other hand, the guarantee of the integrity of the document is provided by a timestamp system coupled to a cryptographic signature applied to a file and producing a number or a sequence of numbers, both included in the PDF file (the “Electronic Signature”).
19. Security, integrity and filing of Your Documents
On the one hand, our Electronic Signature provider authenticates and timestamps Your Documents, and on the other hand, Your Documents added to User Information useful for the Services ordered, are forwarded to a trusted third party who affixes a certification on Your Documents coupled to a second timestamp.
By application of articles 17 and 18 above, You understand and You agree that the writing including Your Documents, signed electronically will in any circumstance the evidentiary value of original or of a written on paper support in accordance with the article 1367 of the Civil Code, thus the admissibility, the validity, the conclusive force of these writings, by the mere fact of their signature, their conservation and their transmission by electronic way, can not be disputed.
20. License rights of the Documents
Documents are provided on an “as is” basis and comply with the laws applicable at the time of the order subject to the accuracy of the User Information. The Services, the Documents and any content available on or through the Site are solely for personal use in the exercise of your commercial and / or liberal activity. You have the right to use and print the Documents on your behalf, provided you maintain the copyright notices, trademarks and other proprietary notices, not to copy (except to make a single copy for your purposes) backup or create a derivative copy based on the Documents in whole or in part. You understand and agree that you are not authorized to (i) make commercial use of the Services (ii) for sale, rental or marketing. Finally, you acknowledge that these provisions apply in addition to the provisions of Article 7 above. In case of violation of these provisions, we reserve all rights and actions useful for the purpose of repair.
21. Alf commitments
Alf and the Third Party Partners undertake to provide the Services with seriousness and diligence. You acknowledge and agree that all Services are provided under an obligation of means to the exclusion of any obligation of result. However, the Document models are developed and updated by Alf and its teams of professionals and make every effort to provide you, in all circumstances, with quality service and reliable document models to the exclusion of any situation in particular. Furthermore, Alf guarantees that the information indicated in Your Documents is identical to that entered by you directly on the Services, or approved / validated by You and, subject to a specific request from you, they have not been subjected to any alteration, modification or loss during the performance of the Services.
22. Exclusion of liability
Alf, a simple self-service document production service in Saas mode via a connection to an electronic communications network, does not provide legal advice. In particular, Alf does not propose the adaptation of documents to the situations, expectations and personal and particular constraints of Users and / or Customers. Thus the Services can not create a relationship of advice and do not create a guarantee of adequacy of Your Documents to Your and / or the personal situation of the Customer.
The use of the Services is at Your own risk and You acknowledge to make your personal business of any information, consultation or preliminary or complementary legal analysis, from a competent professional, likely to be useful to your specific needs.
Except as otherwise required by law, Alf disclaims all liability and warranties, in any manner and on any grounds whatsoever, for: (i) any error, omission or inaccuracy in the User Information; (ii) any special administrative procedure, doctrine or administrative practice, or the outcome of the analysis of your file by the French administration; (iii) any damage to your property, of any nature whatsoever, resulting from your access to or use of our Services; (iv) any unauthorized access to or use of our secure servers and / or any of the information stored therein; (v) any interruption or termination of transmission to or from the Services; (vi) any bug, virus, hacking, sabotage, troop horse or anything else that may be transmitted to or through our Services by any third party; (vii) any loss or damage occurring as a result of the use of any posted content, sent by email transmitted or made publicly available via the Services and / or; (viii) User Information or illegal conduct of a third party; (ix) the results resulting from the verification of Client’s ID and RIB documents carried out by a Third Party Provider; (x) any disclosure of information that may be considered confidential by You, a Customer, a Third Party Provider or a third party; (xi) the use of the products or services offered or offered by a third party or Third Party Provider through the Services or any hypertext link accessible from the Site for which Alf will not be a party or control the transactions between you and this third party; (xii) any administrative, fiscal, financial or legal sanction pronounced by a French authority against You or your company directly or indirectly related to the performance of the Services; (xiii) any conviction to pay taxes, fines, or more generally any financial sanction pronounced against You or your Company for acts, or draft acts under your responsibility.
OF EXPRESS AGREEMENT, IN CASE OF COMPLAINT, PROCEDURE, LIABILITY, OBLIGATION, LOSS OR COST, Alf, ITS AFFILIATES, AGENTS, OFFICERS, EMPLOYEES, THIRD PARTY PROVIDERS OR LICENSEES WILL BE LIABLE TO YOU ONLY TO A MAXIMUM AMOUNT EQUAL TO THE AMOUNT OF SERVICES ALREADY PAID TO Alf.
Subject to the applicable mandatory provisions, these limitations and exclusions of liability shall apply in the context of a contractual relationship, negligence or any other basis and even if Alf was or has knowledge of the possibility of harm, sanction or damage relied upon .
23. Fees
Alf offers a free Online Services platform for demonstration purposes of its software. Alf reserves the right to modify these services at any time and to add paid services if necessary.
If you use the paid Services, you agree to the conditions of sale, price and conditions indicated during the payment. You agree to pay at the time of the order all the expenses, taxes, costs due according to the indicated prices. Any Service ordered is due in full as soon as it is confirmed by Alf. All prices are quoted in “Euros”. All taxes included and payments are made online with a credit card (VISA, Carte Bleue, Eurocard / Mastercard). Alf implements secure and encrypted payment services provided by a Third Party Provider (Stripe, Inc.). Finally, you expressly agree to receive electronic invoices. At any time and in its sole discretion, Alf may add new services for additional fees and charges, or change the costs and fees for existing services in the future, without entitlement to any refunds or compensation.
Alf propose en ligne une plateforme de Services gratuit aux fins de démonstration de son logiciel. Alf se réserve le droit de modifier ces services à tout moment et d’ajouter le cas échéant des services payants.
24. Withdrawal, cancellation and reimbursement policy
You, as a non-consumer, do not have the right of retraction provided for in articles L. 121-21 and the following Consumer Code. However, You can cancel a subscribed service by email (hello@thisisalf.com). In case of cancellation of the Services paid, you remain liable for all taxes, costs and legal and financial consequences due to this cancellation. In addition, no refund will be granted under the following conditions: (i) once Alf has executed your instructions, edited and transmitted your documents, instructed a Third Party Provider or made representations to the authorities for the execution of your / your Service(s) ordered and; (ii) in the event of delay or refusal to communicate to Alf, its affiliates or Third Party Providers, the User Information necessary for the performance of the Services; and (iii) in the event of delay or impossibility to perform the Services in case of force majeure or any circumstance external to Alf; (iv) in case of violation of any of the provisions of the Terms.
25. Language
The Site and its content are provided in French and any other language chosen by Alf in a free and informative translation. Alf does not guarantee the translations and their conformity with the law applicable in a country other than the destination of the Services ordered.
26. Notices
Alf may send you notices for the performance of your Services, for legal reasons, marketing or for any other purpose. The notifications can be made by SMS, email, paper mail, or by posting on the Site. We recommend that you add the email address hello@thisisalf.com to your list of approved addresses. Alf expressly disclaims any liability in the event that you have implemented automatic filtering of email notifications.
27. Entire agreement
These Terms and any additional amendment or agreement you may enter into with Alf will constitute the complete agreement between You and Alf. The invalidity of one of the clauses of these Terms does not invalidate the other clauses of these Terms. No waiver of any term of these Terms shall be deemed a future or permanent waiver of such term or any other provision, and Alf’s failure to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision.
28. Confidentiality
Alf will endeavor to maintain the confidentiality of Your Documents and User Information under the conditions set out below by the Privacy Policy (C.).
29. Applicable law and amicable settlement of disputes
The provisions of the Terms are subject to French law. In case of dispute, you agree to resolve the dispute in amicable ways. If no resolution is possible, the dispute will be brought exclusively before the Courts of Paris, unless otherwise provided by law.
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