"Critical default" means any default or error which results in loss of service without the possibility of circumvention.
"User" means any person subscribing to the ACKLIO Solution.
"Documentation" means all technical documents, brochures, files, source code, databases, script codes, SCHC templates and profiles, and dematerialized data relating to the Solution provided by Acklio and made available to the User when accessing the Solution.
"General Terms and Conditions" or “GTC” means the present General Conditions of Use of the ACKLIO Solution.
"Solution" means the SCHC library software IP Core platform and VPN Agent developed by ACKLIO and made available to the User and further described in the Website.
"Third Party" means any person, physical or moral, external to the General Terms and Conditions.
"Volume" means the number of devices to be operated by the Solution
"Website" means ACKLIO web platform for access to the Solution, and accessible at www.ackl.io , acklio.cloud or any of the subdomains of acklio.net, ackl.io, acklio.cloud or acklio.fr
These present GTC are intended to define the terms and conditions under which the company ACKLIO (hereinafter "ACKLIO"), deliver to the User the Solution and how the User accesses and uses the Solution.
These GTC apply without restriction to any subscription to the Solution.
The User acknowledges that he has perfect information regarding the Solution, including their essential characteristics and that he has been invited to consult the applicable GTC.
The User acknowledges having read and accepted unreservedly the present GTC which prevail over any other document.
These GTC may be subject to further amendments, the applicable version is the one current at the date of the final validation of subscription by ACKLIO. These GTC may be revised and reissued, prospectively, by posting updated terms on this the Website. The User agrees to receive notices of updates of these GTC through ACKLIO’s posting of updated GTC on the Website and provide notifications via email (to the email address the User provided upon registration), ACKLIO is not responsible for any automatic filtering the User or the User network provider may apply to email notifications.
ACKLIO reserves the right to refuse access to the Solution in the event of non-acceptance of a new version of GTC by the User.
ACKLIO reserves the right to refuse to validate a subscription or to validate it under conditions derogating from these GTC, or to cancel a subscription, particularly in case of GTC violation, previous abnormal behavior or bad faith behavior.
Access to the Solution is allowed according to different subscription offers.
The User benefits from a trial version to test the Solution and its various options and features free of charge subject to a limited period of 3 months, which could be extended upon request to ACKLIO for a new period of 1 month and up to a limited Volume of 50 devices. This offer is limited to one (1) trial per account. After this trial period the User is free to subscribe to an Offer with further features to use the Solution.
The User shall subscribe to the Trial version by using ACKLIO’s form on the Website.
The User agrees to receive and transmit electronically all necessary information for the conclusion and execution of the subscription.
4.1 Account registration
Prior to subscribing to the Solution, the User shall acknowledge the essential features of the Solution by consulting the presentation available on the Website.
For any subscription to the Trial offer of Solution, the User shall subscribe to the Trial version by using ACKLIO’s form on the Website.
The User agrees to send to ACKLIO certain information allowing the creation of a User account to process the subscription to the Solution. The User agrees to provide accurate and complete personal information and to keep it up-to-date. ACKLIO reserves the right to request the User for supporting documents to verify the accuracy of the information provided.
Upon validation of the subscription to the Solution by ACKLIO, ACKLIO sends an e-mail with several links allowing the User to have access to the Solution, including these GTC.
As part of the registration process, the User must accept these GTC.
During registration, the User will also be provided with his account details such as password for access to the Solution, which can be modified on the Solution’s platform. User will be responsible for the confidentiality and use of username and password, and for all activities (including purchases) that are conducted through the User account. User shall not transfer or sell access to his account. ACKLIO will not be liable for any harm related to disclosure of the User username or password or the use by anyone else of the User username or password.
Through the links sent by ACKLIO, the User will have access to the Documentation for using the Solution. The User will have access to a dedicated interface as well as various functionalities.
. Once the User has full access to the Solution, the User may install some elements of the Solution at the User's convenience. In any case, the installation and configuration of these elements of the Solution will be done by the User.
4.2 Subscription upgrade
At the Trial period expiry, depending on the needs expressed by the User, ACKLIO will propose to the User to subscribe to an offer including a specific Volume and will provide the User with payment plan. The price of the offers will be provided on the Website.
ACKLIO can modify the prices of the offers at any time. The offers are invoiced to the User on the basis of the price at the time of the final validation of the subscription by ACKLIO.
Any subscription signed by the User constitutes a definitive commitment.
Before validating any subscription, the User shall ensure that the offer corresponds to its needs and that he has correctly apprehended its conditions of use. The User undertakes to take notice and observe the precautions of use or any other information attached, particularly the Solution's conditions and restrictions of use.
Subscription is deemed definitive when it has been expressly confirmed by ACKLIO by any means, in particular by electronic means.
Any breach of GTC by the User shall entitle ACKLIO to interrupt, suspend or cancel the subscription and/or access to the Solution at any time, without prejudice to the right to any damage ACKLIO could claim.
Failure by the User to comply with the General Terms and Conditions applicable to the provision of the Solution will result in ACKLIO's right to suspend, suspend or cancel the subscription and/or access to the Solution at any time, without prejudice to the right to all damages and interests that ACKLIO could claim.
As part of the subscription to the Solution, ACKLIO grants the User a non-exclusive right to use the Solution and any associated Documentation, in the form of a license and not a sale.
This license does not grant the User, and/or any User, any intellectual property right attached to the Solution and the Documentation or any copy thereof, which remains the entire and exclusive property of ACKLIO.
The User acknowledges and accepts that all the rights, titles and interests related to the Solution, the Documentation, names, distinctive signs and logos of the Software and ACKLIO, including the associated Intellectual Property Rights, are and remain the exclusive property of ACKLIO. The Agreement does not confer on the User any right or interest on the Solution, Documentation, names, distinctive signs or logos of the Software and ACKLIO, but only a limited right to access and use the Solution under the conditions set out below.
ACKLIO grants to the User, who accepts, for the term of these GTC, a worldwide, non-exclusive, non-assignable and non-transferable license to use the Solution, without the right to issue a sub-licence, restricted to the scope described below (hereinafter the ‘License’)
ACKLIO has expressly limited the scope of this License to what is strictly necessary to use the Solution, to the exclusion of any other purpose, provided that the User respects all its obligations under these GTC.
This License is strictly personal and the User may not assign, transfer or delegate the rights or obligations which it holds under the License without the prior written agreement of ACKLIO.
The User will expressly refrain from any other use or exploitation of the Solution, or allow a third party to access or use the Software, including not performing any of the following actions:
If the User plans to use the Solution for other purposes than those provided for in this Agreement, the User shall inform ACKLIO in writing. ACKLIO may, at its sole discretion, refuse or authorise this use according to terms and conditions that it shall define.
For activating the access to the Solution, the User must follow the procedure explained in the Documentation to retrieve the corresponding license file.
It is expressly stated that the Solution is only granted for a limited number of devices and for a specified period, these elements being specified in the Documentation.
The User is solely responsible for the damage that his employees and/or his property could cause to Third Parties during the use of the Solution and the consequences of misuse or unlawful use of the Solution and its associated features. ACKLIO's liability is excluded in the event of fault or negligence on the part of the User and/or its employees, particularly in the event of incorrect or incomplete information being sent or using the Solution that does not comply with the instructions and the Documentation of ACKLIO. In these cases, ACKLIO reserves the right to permanently suspend or deactivate the User's account.
In addition, non-compliance by the User and/or his employees of the GTC will entitle ACKLIO to interrupt, suspend or cancel the subscription and/or access to the Solution, without prejudice to right to all damages and interests to which ACKLIO could claim.
The User agrees to inform ACKLIO as soon as possible of any difficulties faced during the subscription and/or use of the Solution. To this end, ACKLIO provides the User with a contact address enabling him to communicate with the technical support of ACKLIO.
Technical contact via this form: https://bit.ly/acklio-dev-portal-question
For a successful execution of the Solution, the User agrees to:
In the event of a Critical default of the Solution, ACKLIO shall make its best efforts to resolve this Critical default.
The User refrains from using abusively the technical support. ACKLIO reserves the right to refuse to answer certain requests if these are likely to disrupt the normal functioning of the technical support.
The availability of third-party systems (especially the internet, WiFi, etc.) is limited by technological and environmental factors that may affect the transmission of data. The Solution may be limited or temporarily unavailable without notice. ACKLIO can not be held responsible for malfunctions and interruptions related to these third-party solutions.
ACKLIO reserves the exclusive right to act on the Solution to allow it to be used accordingly to its destination and in particular to correct errors.
ACKLIO provides the User during the period of the subscribed Offer with error corrections and new versions of the Solution (depending of the subscribed Offer), if available.
ACKLIO is under no obligation to develop future programs or feature for the Solution.
Maintenance does not entitle the User to any new feature, option, module or future product, that ACKLIO licenses separately or against payment.
8.1 Non-performance clause
Subscription may be terminated without any legal formality and without recourse to a judicial authority by one of the parties in case of non-performance by the other party of one or more of its essential obligations.
Specifically, non-fulfillment of essential obligations within the meaning of this clause are:
Termination shall become effective fifteen (15) days after the complaining party has sent a formal notice by e-mail stating the reasons of the complaint, unless within that period the defaulting party has satisfied its obligations or has shown proof of an impediment resulting from force majeure.
The exercise of this right does not relieve the defaulting party from fulfilling the obligations entered into until the effective date of the termination, subject to any damages suffered by the complaining party due to early termination.
Each party shall be bound to fulfill its obligations incurred up to the effective date of termination and the termination shall in no way be interpreted as a waiver by either party of the exercise of its rights and possible damages.
8.2 Cessation of activity
Subscription may also be terminated in advance in the event of the liquidation/bankruptcy of either party under the applicable legal and regulatory conditions, and subject to the applicable public policy provisions.
In the event of termination for any reason whatsoever, the User shall cease any use of the Solution and its Documentation and proceed to the complete uninstallation of the Solution within seven (7) days of the termination of subscription. All the user rights granted under these GTC shall immediately cease.
The User shall immediately return to ACKLIO all the Documentation, materials and information communicated and which would be its property.
ACKLIO cannot be held liable to the User for any compensation or indemnification, caused by the possible termination of the subscription not resulting from its serious negligence or fault.
The User undertakes to take any necessary measure to safeguard its data and ACKLIO cannot be held liable for any loss of these data.
10.1. Confidential data
ACKLIO shall use all reasonable means to ensure the security and confidentiality of the data exchanged in connection with the use of the Solution. ACKLIO undertakes to guarantee the confidentiality of the data identified as confidential and transmitted by the User.
ACKLIO may keep these data for statistical, technical and service improvement purposes.
10.2. Personal Data
ACKLIO may collect personal data concerning the User and/or his employees, exclusively for the use of the Solution. These personal data are subject to automated processing for technical purposes in connection with the User accounts management and services improvement.
In any case, the personal data of the User or his employees are not transmitted to Third parties except when their communication is strictly necessary to the management of the account and the correct functioning of the Solution.
ACKLIO and his subcontractors guarantee a level of security in compliance with the legal and regulatory requirements in force. In any case, the personal data of Users are processed according to the purposes defined by ACKLIO.
The subcontracting company shall not process personal data for other purposes without the express consent of the Users concerned.
In accordance with the law "Informatique et libertés" of January 6 1978 and GPDR, the User and his employees have a right of access, rectification and deletion on the personal data concerning them. The User or his employees may exercise this right with ACKLIO at the address of ACKLIO headquarters.
ACKLIO may keep personal data for commercial use for a period not exceeding three (3) years from the last exchange.
The User also has the right to file a claim with the competent supervisory authority, if he considers that ACKLIO is carrying out an illegal processing of his personal data.
In addition, the processing of sensitive data is summarized in the following table:
Sentitive data processed
Yes
No
Health data
X
Social security number
Infrigement, conviction, securtiy measures data
philosophical, political, religious, trade-union opinions
Sex life
Racial or ethnic origins
The Solution may include programs under free licenses authorizing the User to copy, modify, and/or redistribute them, in whole or in part. The User may access the list of free software used and their source codes and other free data by consulting the Documentation.
The User acknowledges that the content of the Website and the Solution, including texts, photographs, illustrations, videos, software, databases, sounds, graphics, logos, source codes or any other information or support presented by ACKLIO are protected by the copyright, trademark and patent law and other intellectual property rights.
Nothing in these GTC shall be construed as conferring on the User a transfer of ownership over these intellectual property rights.
Any representation, reproduction or extraction not authorized by ACKLIO is strictly prohibited.
The User is not allowed to:
Except with prior and express authorization, any use of any trademark owned by ACKLIO constitutes an infringement sanctioned by the Intellectual Property Code.
The User expressly authorizes ACKLIO to quote his name and/or company name as a commercial reference.
On the day it is made available, ACKLIO guarantees the Solution operates correctly and complies with the Documentation, technical standards, standard industry practices and relevant standards.
ACKLIO does not grant any express or explicit guarantee, including but not limited to continuity, performance and/or durability of the Solution and/or the adaptation and/or compliance of the Solution to a specific use or to the User’s needs.
ACKLIO guarantees that the Solution can evolve according to the state of the art as well as according to the regulatory and legislative changes related to the functionalities covered by the Solution.
ACKLIO guarantees that the Solution, at the time of installation, is free of viruses and other infectious programs.
ACKLIO does not give any guarantee that the Solution will meet all the requirements and needs of the User, nor that the Solution will be permanently available without interruption or error.
Similarly, ACKLIO does not guarantee the Software will operating correctly in the event of the fault attributable to the User, to a third party or any other action external to ACKLIO. In particular, the following cases do not fall under ACKLIO’s liability:
The User acknowledges that ACKLIO is only bound by an obligation of means and cannot be held responsible for any error generated by the Solution. ACKLIO shall make every effort to ensure the reliability of the Solution.
ACKLIO's liability is limited to foreseeable and direct damages suffered exclusively by the User.
ACKLIO shall not be liable for indirect, incidental, special, consequential or punitive damages or for any loss of profits or income, whether caused directly or indirectly, or for any loss of data or other irrecoverable losses resulting from access or use or inability to access or use the Solution and unauthorized access, use or modification of transmissions or content.
The responsibility of ACKLIO is strictly limited to the correction or replacement of the Solution and shall under no circumstances, for all damages suffered, be liable for damages in excess of the amount spent on all the claims related to the Solution.
The responsibility of ACKLIO does not extend to the use and consequences of the use of the Solution that the User, his employees or a Third Party shall make.
ACKLIO shall not be held liable for any delay in performance or non-performance of its obligations where the delay or non-performance is attributable to an event of force majeure as defined in article 1218 of the French Civil Code. ACKLIO informs the User, by any means and as soon as possible, of the occurrence of such an event.
ACKLIO cannot be held liable in any way for:
The GTC and the rights granted hereunder cannot be transferred or assigned by the User but may be assigned by ACKLIO without restriction. Any attempt to transfer or assign in violation of these GTC shall be null and void.
No waiver of any GTC clause shall be deemed a further or continuing waiver of this or any other condition, and ACKLIO's failure to claim any right or provision under these terms shall not constitute a waiver of such right or this provision.
These GTC are subject to French law.
ACKLIO and the User shall endeavor to resolve amicably any dispute which may arise relating to the validity, interpretation or execution of the present.
The Rennes Commercial Court will have exclusive jurisdiction to hear and determine any dispute relating to the execution and/or interpretation of GTC, including in the event of a warranty claim and multiple defendants.