These Terms of Service govern the access and use of the application solution (hereinafter referred to as the “Application”) developed by People over Process SAS, registered in the trade and companies register under the number 879 920 981, having its head office at 3 square Claude Debussy, 75017 Paris (hereinafter referred to as “Popwork”) by the Client (hereinafter referred to as the “Client”).
Popwork and the Client are referred to herein as a “Party” or collectively as the “Parties.”
By accessing the Application, the Client fully accepts these Terms of Service as well as the specific conditions sent to the Client by Popwork (the "Specific Conditions").
If the Client uses or accesses the Application Solution on behalf of a company, then the company is responsible for the access and use of the Application.
Recitals:
Popwork provides an application for people management as a software as a service (SaaS) solution.
The Client wishes to use the Popwork Application as part of its professional activity.
After having had access to a presentation of the Application from Popwork, the Customer has decided to use the Application under the terms and conditions of these Terms of Service and the Specific Conditions.
The purpose of these Terms of Service is to define the terms and conditions applicable to the Application provided by Popwork to the Client.
These Terms of Service are supplemented, if any, by the Specific Conditions which may take the form of an email sent by Popwork to the Customer (the "Specific Conditions") and with which they form an indivisible whole. In the event of any conflict or inconsistency, the provisions of the Specific Conditions shall prevail.
These Terms of Service will take effect from their date of acceptance by the Client for the duration of the subscription to the Application by the Client.
Popwork reserves the right to modify these Terms of Service at any time and without notice. These modifications will be enforceable to the Client after having been published by any means whatsoever.
In the event that the Client wishes to terminate the subscription, he must follow the procedure described in Article 9.
The Client must ensure that he has the technical means enabling him to use the Application, in particular that his computer equipment is working and does not contain viruses. The Customer also makes sure to have an Internet access allowing him to access the Solution.
The Client and Users must take the necessary steps to ensure the security of access and identification to their Account. The Client acknowledges that Popwork cannot be held liable in the event of fraudulent use of the Application due to a security problem coming from the Users or the Client. In such a case, the Client must immediately inform Popwork.
Popwork will inform the Client by email when access to the Application will be effective. The Client acknowledges and accepts that he and the Users will only be able to use the Application from this date.
The Customer accesses the Application online via the Internet at the address https://app.pop.work/login, by entering their email address and receiving an email with a unique connection link that expires after a few minutes. Once authenticated, the user's device remains authenticated for 60 days.
Popwork undertakes to make its best efforts to perform the obligations.
Popwork will make its best efforts to provide access to the Solution in SaaS mode 24 hours a day, 7 days a week, except during periods of unavailability for maintenance, in the event of suspension due to non-payment or non-compliance with the Terms of Service by the Client, or in the event of unavailability linked to events external to Popwork such as cases of force majeure.
Popwork is not responsible for the Content uploaded to the Application by the Client. The Client is solely responsible for all the Content that he enters in the Application. Popwork cannot be held responsible for any Content that is illegal, inappropriate or infringing on the rights of others, in particular intellectual property rights or the processing of personal data.
Popwork provides data hosting, maintenance and security for the Application. The Application and the data it contains are hosted by Popwork on Google Cloud Platform servers in Brussels, Belgium (EU). Popwork ensures the security of access and use of its Application. At the Customer's request, Popwork can provide more details on the security of the Application.
Customer support is available during working days and hours via email or via the chat accessible on the Application. Before contacting the customer service, the Client agrees to consult the "Help Center" section, accessible at https://help.pop.work/. The customer support will respond to requests within a reasonable period of time, and insofar as they fall within its area of expertise.
Popwork has contracted a professional liability insurance covering all damage that may occur and undertakes to keep it up to date.
Popwork's liability for direct and proven damage caused to the Client is limited to the amount paid to Popwork by the Client for the last six (6) months before the incident.
Popwork cannot be held liable under any circumstances: (i) for damages due to the non-performance by the Client of its obligations and (ii) for indirect or unforeseeable losses or damages of the Client or third parties, such as in particular any lost earnings, loss, inaccuracy or corruption of files or data, commercial damage, loss of turnover or profit, loss of customers, cost of obtaining an alternative solution or service, in connection with the non-performance or the inadequate execution of the subscription.
The Parties acknowledge that the Subscription Price reflects the balance desired by the Parties, and in particular the limitations of liability herein. The Parties agree that the limitations of liability will remain in effect after the end of the subscription.
Popwork cannot be held responsible for loss, damage, delay, non-performance or partial performance resulting directly or indirectly from a case of force majeure, as defined by the ordinary jurisprudence of French courts.
In return for the payment of the Subscription Price, Popwork grants the Client a personal, non-exclusive, non-assignable and non-transferable right to use the Application during the duration of the subscription, depending on the number of Users of the Client and under the conditions detailed below.
The Customer will use the Application under his control, direction and sole responsibility. The Client guarantees the respect of these Terms of Service by the Users.
The Client may only use the Solution for its own internal business needs. The Client may not under any circumstances make the Application available to a third party and refrain from any other use, in particular, but not limited to, any adaptation, modification, translation, arrangement, distribution, disassemble.
The Client undertakes not to modify, decompile, disassemble, identify the source code, merge or combine such code with other software, copy, reproduce, transcode, adapt or modify any aspect of the Application.
The Client acknowledges that the license granted does not give any ownership rights on the Application Solution and its elements which are and will remain the exclusive property of Popwork.
Popwork reserves the right to change the Application.
In order to improve the Application, Popwork may install updates or new versions. The Client acknowledges being aware by these Terms of Service that the Application may be unavailable from time to time. Popwork will endeavor to carry out maintenance activities outside of working days and hours.
The Client acknowledges that Powpork may make changes to the Subscription Price, in particular due to changes in the Application. In this case, the new pricing will be notified to the Client by all means and will apply from the calendar month following the notification. In the event of disagreement, the Customer will remain free to terminate his subscription under the conditions of Article 9 below.
The Subscription Price is calculated based on the monthly subscription per User set out at https://pop.work/ or in the Specific Conditions and the number of Users. The Customer acknowledges and accepts that the Subscription Price may change each month depending on the following variables:
The Subscription Price is exclusive of taxes which will be the sole responsibility of the Client. The amount invoiced to the Customer will take into account the above variables and will correspond to what the Client will have to pay for the use of the Application for the month.
Each invoice must be paid within a period not exceeding thirty (30) days after the date of issue of the invoice. Payment of invoices will be made by direct debit, or by online payment by credit card on the date of issue of the invoice. Popwork uses the secure systems of Stripe for payment by credit card and GoCardLess for payment by SEPA direct debit, which the Client accepts.
Invoices will be made available to the Client at the address https://popwork.chargebeeportal.com/
Popwork reserves the right to suspend the Client's access to his Accounts in the event of default of payment or partial payment of any sum that may be due by the Client to Popwork.
In the event of non-payment of an invoice on its due date, late payment interest of three (3) times the legal interest rate by day of late payment will be due automatically by the Client from the day after the payment due date until full payment is made, without prior notification.
In addition, any late payment will result in the Client being obliged to pay an indemnity of forty (40) euros for recovery costs.
Popwork owns all intellectual property rights related to the Application made available to the Client. The elements that make up the Application Solution (in particular the databases, texts, images, videos, drawings, graphic layout, graphics, layout, brands and logos) belong to Popwork or are the subject of a license of rights of intellectual property for its benefit. They are subject and protected by the applicable laws on intellectual property. Any reproduction, in whole or in part, is systematically subject to the prior written authorization of Popwork.
The Client guarantees Popwork that Users respect Popwork's intellectual property rights.
The Client is prohibited, directly and / or via a third party, without this list being exhaustive, to modify, create derivative works, disassemble, reproduce, download, copy, license, sell, transfer, distribute, grant access, commercially use all or part of the Application.
By uploading Content to the Application, the Client automatically grants Popwork an operating license for this Content in order to allow the Client to use the Application. The Client declares that the licence thus granted does not infringe the rights of third parties and is not subject to any claim.
The Customer can request the termination of his subscription by sending his request via email or via the chat accessible on the Application.
The termination will take effect at the end of the current contractual period or on the effective date of the termination indicated by the Client if later. On the effective date of the termination, the Client's access to the Application will be interrupted.
If no termination has been requested under the above conditions, the subscription will be tacitly renewed for contractual periods corresponding to the duration specified in the Specific Conditions.
In the event of termination of the subscription, whatever the cause, all sums owed by the Client to Popwork on the effective date of the termination must be paid to him.
In the event of termination of the subscription, Popwork undertakes to return the Client's data in accordance with the confidentiality policy accessible at the link https://pop.work/privacy-policy.
The Client may not transfer or assign all or part of the rights and obligations without the prior written consent of Popwork.
Popwork will remain free to assign all or part of the subscription, without the prior consent of the Client, for the benefit of any affiliate or any third party of its choice.
Popwork is committed to security, confidentiality and continuous protection of the personal data of the Client and the Users, in accordance with the applicable French and European regulations, the loi Informatique of June 20, 2018 and the General Data Protection Regulation (EU) 2016 / 679 (GDPR) on data protection and privacy in the European Union (EU) and the European Economic Area (EEA).
The rules applied by Popwork in terms of data protection are detailed in the privacy policy accessible at the link : https://pop.work/privacy-policy.
In the event of termination of the subscription for any reason whatsoever, Popwork may, if the Client requests it within a period not exceeding thirty (30) calendar days from the effective termination of the subscription, return all data relating to the Client. Popwork will make its best efforts to restore the data as soon as possible.
Without a return request within sixty (60) days of the effective termination of the subscription, Client Content will be deleted and personal and usage data will be anonymized.
The Parties agree to the confidential nature of the Specific Conditions, and consequently refrain from disclosing their terms to anyone.
The Parties shall in particular refrain from disclosing confidential information exchanged between them.
The Parties agree that the use of the Application by the Client does not constitute confidential information and may be the subject of public disclosure. The Parties agree that Popwork may mention the Client's name and reproduce its logos for reference on all communication media, in particular on its websites.
The confidentiality obligations will apply between the Parties for the duration of the subscription as well as for two (2) years following the end of the effective termination of the subscription.
14.1. Third party internet links
Popwork specifies that the use of hypertext links can lead the Client to other websites or applications, independent of the Application. These links can not, in any case, engage the responsibility of Popwork.
14.2. Severability
If any part of these Terms of Service should prove to be invalid, illegal or unenforceable for any reason whatsoever, that provision shall be severed from the Agreement as to such jurisdiction (but, to the extent permitted by law, not elsewhere), and shall not affect the remaining provisions hereof.
14.3. Governing law
The applicable law is exclusively French law. Any dispute will be submitted to the competent Courts of Paris, notwithstanding the plurality of defendants, warranty appeal or summary proceedings.
