- Article 1. Definitions
- Article 2. Purpose
- Article 3. Service Description
- Article 4. Registration to the service
- Article 5. Duration
- Article 6. Price
- Article 7. Data protection
- Article 8. Modification of these terms
- Article 9. Service suspension
- Article 10. Termination and Refund
- Article 11. Property
- Article 12. Service and software update
- Article 13. Responsibility
- Article 14. Hosting responsibility
- Article 15. Complaints
- Article 16. Applicable law
- Article 17. Miscellaneous
- Article 18. Data Processing Clause
Application date: May 1st 2021.
SoftFluent Software SAS (hereafter « SoftFluent Software ») offer Customers a service to create and customize tables for all their daily needs and share them with other members of the RowShare community through a software application that can be used from different electronic devices connected to the Internet, including personal computers and mobile devices whose operating system supports the application (hereafter the « Service »).
SoftFluent Software is a French corporation with a capital of 336,000 Euros, registered in NANTERRE under number 839261401 (VAT FR29839261401), with principal offices located 5 rue de la renaissance, 92160 Antony. SoftFluent Software is represented by its CEO, Antoine Driard. RowShare site is hosted by Microsoft in its Western Europe Azure datacenters. For more information: http://www.windowsazure.com/fr-fr/support/trust-center/privacy/.Contact : [email protected], +33 1 75 60 04 45.
Article 1. Definitions
- « Cloud » refers to the server infrastructure set up by SoftFluent Software on the Internet to store data as well as the Internet web site for the application.
- « Content » refers to any kind of data or document (including text, pictures, videos, sounds, …) that the Customer will store using the Service.
- « Data » refers to any kind of data or document communicated by the Customer including any personal data.
- « Price » refers to the defined fee associated with a certain level of subscription, potentially including access to certain features for a defined duration, depending on the option chosen by the Customer.
- « Site » refers to the Internet web site published by SoftFluent Software.
- « Software » refers to the software developed by SoftFluent Software required to benefit from the Service.
- « Subscription » refers to the registration process for a certain level of the Service by the Customer to benefit from this level of Service on a regular basis.
Article 2. Purpose
The Service is accessible from the Site https://www.rowshare.com.
Article 3. Service Description
The Service allow Customers to create data table in the Cloud for their needs, that they can then share with their contacts by making them available on the Internet through various devices. Contacts are notified by email that they can access a certain table and may be required to register to the Service to access the shared table if the Customer has set some access rights.
The Service includes the Software in its installable formats as well as Internet Sites that SoftFluent Software make available through the Cloud.
Some features are available free of charge and the Customer can subscribe to paid offerings including additional features. Available offerings are described at https://www.rowshare.com/pricing.
Article 4. Registration to the service
The Customer that wishes to access the Service should communicate to SoftFluent Software an email address. This communication occurs using social network authentication protocols. This operation is directly integrated within the Site or the application downloaded from mobile application online sales platforms.
Communicating an email will allow SoftFluent Software to inform the Customer for an optimal usage of the Service. SoftFluent Software uses this email to identify the user. It is the user’s responsibility to correctly protect the password he uses to connect to the considered social network.
The Customer must have an access to the Internet network to use the Service. SoftFluent Software cannot be held liable for any malfunctioning of the Internet network. As well, it is the Customer’s responsibility to purchase the devices used to access the Software and ensure they work properly.
When subscribing to a paid offering, the Customer Client should communicate his payment information to the third-party payment service used to subscribe (PayPal or Application Store for mobile platforms as an example). SoftFluent Software does not have access to the Customer’s payment information.
Article 5. Duration
The free version of the Service for individuals is not limited in time, though there is no commitment from SoftFluent Software to maintain the Service in the future. For paid subscriptions, the Customer subscribes for a certain duration depending on the offering, usually one (1) year, though it exists some monthly offerings. These offerings are automatically renewed. The Customer can disable this automatic renewal, in which case the subscription will automatically end after the duration paid for.
Article 6. Price
Using the Service in its paid versions requires payment of a fee as defined in the Price List available at the day of subscription by the Customer or at the date of renewal.
Moreover, the Customer can buy options (such as additional storage space for example) directly from the Site or from mobile application sales platforms to enhance his usage of the Service.
Any change in the Price List will be considered as a change in these terms and will be notified through the Internet Site of the Service. Active Subscriptions will not be impacted by a change in price that will apply for active subscriptions only when a renewal occurs.
Additionally, the Customer recognizes that he cannot ask for any reimbursement of his subscription as access to the Service is immediate.
The Customer is informed that when using the Service for free, its usage of the Service may include promotional content and advertisement.
Article 7. Data protection
Protection of your data is a priority for SoftFluent Software as part of the RowShare Service.
However, it is not recommended to use RowShare to store highly confidential data whose access could cause serious damages such as passwords, credit card numbers, professional business secrets or classified information.
Article 8. Modification of these terms
In situations related to respecting legal obligations, modifications will apply immediately.
By continuing to use the Service more than ten (10) days after application of the modifications, it will be considered that the Customer has accepted the modifications.
If not, the Customer is free to refuse the modifications and close his subscriptions while requesting reimbursement of its subscription fee for the proportion of the remaining period.
Considering free subscription, the Customer cannot ask for any reimbursement.
Article 9. Service suspension
SoftFluent Software is authorized to suspend access to the Service without any delay or indemnification in the following cases:
- SoftFluent Software is informed of an access or usage of the Service which is either abusive, fraudulent or unauthorized ;
- The Customer uses the Service in a way that can damage SoftFluent Software or third-parties.
Article 10. Termination and Refund
As soon as the Service is suspended, SoftFluent Software may terminate those terms, without any indemnification, after a legal letter or email sent to the Customer that was not answered to after eight (8) days.
The Customer can also terminate the contract. There are no cancellation fees.
If you cancel within 7 days after your signup, you can ask for a full refund.If you cancel later though, you will not be refunded and any scheduled and committed payments will still be due, except if this termination is the direct consequence of a change in these terms.
As soon as a subscription is terminated, the data will be possibly deleted from the servers by SoftFluent Software.
Article 11. Property
Property of Content
11.1 The Customer of the Service remains owner of his content that he stores on the Service. The Customer keep full intellectual property rights on his Content stored and remains responsible for it as he asks other contributors to fill data inside his tables.
11.3 This license is granted for any geography and during the whole Subscription duration until termination of the applicable period depending on the offering.
11.4 The Customer guarantees to SoftFluent Software that we are the owner of all property rights on the Content or that he has the necessary rights to use it when he stores it through the Service.
11.5 SoftFluent Software remains owner of all intellectual property rights on the Content that comes with the Service and the attached Software.
11.6 Any text, comment, icon, drawing, picture, video, visual or sound element, available on the Site and not owned by Customers are fully copyrighted by SoftFluent Software including author rights, brand rights, drawing rights and patent rights, for the whole world to SoftFluent Software’s benefit. Any partial or complete reproduction of the Site is strictly forbidden as a counterfeit.
Property of Service
11.7 SoftFluent Software is the owner of all rights related to the Service including, without any limitation, software that allows operation of the Service hosted on SoftFluent Software cloud infrastructure.
11.8 SoftFluent Software grants a non-exclusive license for use of the Service for one (1) renewable year at request of the Customer against payment of a fee according to the Price List. In case a free version of the Service is subscribed, SoftFluent Software grants a non-exclusive license for use of the Service during use of the Service by the Customer.
To allow the Customer to optimize usage of the Service, SoftFluent Software also grants a non-exclusive free personal non-transferable license available worldwide to use the Software of SoftFluent Software related to the Service.
11.9 SoftFluent Software may use third-party software to implement the Service. In this cas, SoftFluent Software guarantees to have the rights to operate this software.
Article 12. Service and software update
SoftFluent Software wished to propose an optimal Service to its Customers. Therefore, SoftFluent Software will substantially modify the Service from time to time, and this may temporarily affect operations. In the process, SoftFluent Software will update the software on Customers’ devices to improve, strengthen, repair or enhance the Service without this list being limitative. When not accepting this, Customer access to the Service might be suspended, provided that the Service does not strictly require usage of this software as it is accessible through an Internet browser.
Article 13. Responsibility
SoftFluent Software cannot be held responsible for any damage for the Customer as an impact of a malfunction. This includes loss of operations or information resulting from a malfunctions, interruption of services, delays or Internet outages.
SoftFluent Softwares responsibility towards the Customer can be considered only for established facts that are directly and exclusively attributed to SoftFluent Software.
SoftFluent Software’s responsibility cannot be attributed to SoftFluent Software in case of a bad usage of the Service by the Customer.
SoftFluent Software cannot be held responsible for direct or indirect damages resulting from unauthorized access to information or loss of Customer data, or its lack of caution in protecting its access (that can be ensured by the password of a social network).
The Customer is fully responsible for access he authorizes through his account and thus for usage of the Content by third-parties in case he shares his access. He is responsible for avoiding storage of highly sensitive data on the Service.
The Customer will indemnify SoftFluent Software for claims, liabilities, damages, loss and charges from third-parties that would be the consequence of using the Service by the Customer.
Article 14. Hosting responsibility
SoftFluent Software is not legally responsible Content forwarded or stored through the Site. However, acting as a data hosting company, SoftFluent Software has obligations related to (i) protection against some specific content (apology for the crime against humanity, incitement to ethnic hatred, child pornography, encouragement of violence, offense to human dignity) ; (ii) tracking of data connection of Customers, under professional secret and respecting legal obligations and (iii) withdrawal of any obviously illegal content, as soon as SoftFluent Software is informed of it.
Article 15. Complaints
15.1 SoftFluent Software is committed to respecting intellectual property rights of all Customers as well as third-parties that could complaint from a violation of their rights.
As a consequence, SoftFluent Software commits to answer any complaint related to intellectual property right violation that would be communicated to SoftFluent Software.
However, SoftFluent Software cannot take direct legal action to ensure intellectual property rights of any third parties. These third-parties are responsible for the opportunity to start a legal action.
15.2 Customers of the Service who would meet issues are invited to submit them to SoftFluent Software using the dedicated form available on the Site. SoftFluent Software will as much as possible answer all complaints within a short delay.
Article 16. Applicable law
In case of any dispute, a friendly solution should be considered first before taking any legal action.
Article 17. Miscellaneous
Article 18. Data Processing Clause
All the Personal Data of Clients collected on the Site and/or during registration for the Service and during its use, is processed by SoftFluent Software as Data Controller.
On the other hand, the parties recognize that for the Personal Data of third parties contained in the tables created by the Client during use of the Service (hereafter the “Personal Data of User Content”), SoftFluent Software only acts as a Subcontractor on behalf of the Client who is the Data Controller.
The Client acknowledges that he alone decides which documents and information he provides in the tables created via the Service and that SoftFluent Software is, therefore, not responsible for the quantity and nature of the Personal Data to which it has access and which it must Process on behalf of the Client, or for the legality of this data communication.
In this context, the Personal Data Processing operations carried out by SoftFluent Software are described below:
- Service(s) concerned: RowShare
- Nature of the Processing operation(s): Hosting, consultation, deletion
- Purpose(s) of Processing: To provide the Service (including its monitoring and maintenance)
- Categories of Data Subjects: third parties whose Personal Data is entered in the tables created and shared by the Client
- Categories of Personal Data: any Personal Data likely to be entered by the Client in the tables created and shared by the latter
- Duration of Processing operations: For the paid version of the Service, Personal Data of User Content will be kept for the duration of the Subscription plus a period of 90 days; For the free version of the Service, the Personal Data of the User Content will be kept for the time of use of the Service by the Client and may be deleted after a period of 90 days of inactivity, after notification. Nonetheless, in certain cases SoftFluent Software will allow the Client the possibility of extending these retention periods.
Within the framework of the obligations incumbent on it in application of the Legislation in Effect on the Protection of Personal Data, SoftFluent Software agrees to:
- Limit access to Personal Data of User Content to members of its staff who are subject to an obligation of confidentiality;
- Implement reasonable technical and organizational measures to protect the Personal Data of User Content against any destruction, loss, alteration, disclosure or unauthorized access, occurring accidentally or unlawfully;
- Inform the Client of the existence of any Personal Data Breach as soon as possible after becoming aware of the Breach in question, and provide the Client, at his request and to the extent possible, with the information he considers useful to allow him to comply with his notification obligations to any other competent authority;
- Respond, as soon as possible and to the extent possible, to any reasonable request from the Client relative to the Personal Data of User Content processed in order to permit him to respond to the requests which data subjects refer to him in order to exercise their rights;
- Delete all Personal Data of User Content at the end of a period of 90 days following the end of the Subscription for the paid Service or at the end of a period of inactivity of 90 days for the Free Service;
- Take, in the event of transfers of Personal Data of User Content outside the European Economic Area, the appropriate guarantees aimed at ensuring the protection of such Data - the Client hereby consents to the implementation of such transfers by SoftFluent Software and/or any subsequent Sub-contractors;
- Assist the Client, at his request and to the extent possible, (i) in carrying out an Impact Analysis relative to Data Protection and (ii) by informing him as soon as possible if SoftFluent Software considers that instructions that he has given constitute a breach of Applicable Legislation on the Protection of Personal Data;
- Provide the Client with the information reasonably requested by the latter to demonstrate compliance with the obligations provided for in this clause and to allow audits to be conducted, subject to advance notice of one (1) month and within the limit of one (1) audit per year, by the Client or another auditor appointed by him, at the Client's expense. If the Client wishes to mandate a third-party auditor to perform the audit, the latter must have been previously accepted by SoftFluent Software. The audit will be conducted so as not to interfere with performance of the services entrusted and, in general, the activities of SoftFluent Software. The audit must be kept confidential and may only be used by the Client to comply with its own obligations with regard to the protection of Personal Data.