Last Updated 07/01/21
Thank you for choosing to be part of our community at DecisionBrain S.A.S., doing business as DecisionBrain (“DecisionBrain”, “we”, “us”, or “our”). Please read them carefully. These terms and conditions may be updated and amended by us from time to time, so please visit this page periodically to review them.
1. Consent and Modification
By visiting or using the Site, you signify your assent to these Terms. These Terms apply to all visitors to and users of the Site. If you do not agree to these Terms then please do not access or otherwise use the Site. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
2. Ability to Accept Terms
The Site is not intended for individuals under the age of 18 years of age. If you are under 18 years of age and, notwithstanding the foregoing, you still wish to use the Site, then you must first review these Terms with your parent or guardian to make sure that you and your parent or guardian understand these Terms and agree to them.
3. Site Access
For such time as these Terms are in effect, we hereby grant you non-exclusive permission to visit and use the Site solely for your personal informational, and your internal business informational purposes and provided that you comply with these Terms and applicable law.
4. Restrictions
You shall not: (i) copy, distribute or modify any part of the Site without our prior express written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose any Content, except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
5. Intellectual Property Rights
5.1. Content and Marks. The (i) content on the Site, including without limitation, text, documents, articles, blogs, brochures, descriptions, products, software, graphics, webinars, podcasts, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), and (ii) the trademarks, service marks and logos contained therein ("Marks", and together with the Materials, the “Content”), are the property of DecisionBrain or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “DecisionBrain”, the DecisionBrain logo, and other marks are Marks of DecisionBrain. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and Content. 5.2. Use of Content. Content on the Site is provided to you solely for your personal informational, and your internal business informational, purposes and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, commercialized, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior express written consent. If you download or print a copy of any Content you must retain all copyright and other proprietary notices contained therein. You must not remove, obscure, or alter DecisionBrains’, or any third party's, copyright and other proprietary notices that are affixed to or provided as part of the Content and Site.
6. User Submissions
6.1. Background. The Site may permit the submission, sharing and publishing of text, documents, comments, descriptions, and other materials and content by you and other third parties ("User Submissions"). For example, a User may submit a PDF resume to the Careers page in the Site. 6.2. Responsibility. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. 6.3. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize DecisionBrain to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions. 6.4. License to User Submissions. By submitting the User Submissions to DecisionBrain, you hereby grant DecisionBrain a worldwide, perpetual, irrevocable, non-exclusive, fully paid-up, wq royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site and DecisioBrains' business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms. 6.5. Prohibited Content. You agree that you will not submit, publish, upload or transmit a User Submission that: (i) you know if incorrect, incomplete, or misleading; (ii) disparages, or creates a negative image of, DecisionBrain and/or its products and services; (iii) make any warranties, representations or undertakings with respect to DecisionBrain and/or its products and services that are inconsistent with any promotional materials and literature distributed by DecisionBrain; (iv) is unfair or deceptive under the consumer protection laws of any jurisdiction; (v) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (vi) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (vii) impersonates another person; (viii) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (ix) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (x) involves theft or terrorism; (xi) is malicious or fraudulent; or (xii) breaches these Terms. 6.6. Personal Information. If your User Submission contains the contact information or any personally identifiable information of any person you hereby expressly represent and warrant that: (i) you have complied, and will comply, with all applicable privacy laws; (ii) you have obtained the express consent of the person to include their contact information or personally identifiable information in your User Submission; and (iii) that the person is aware that they may be contacted as a result.
7. Information Description
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right at any time to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of and reliance on the Content, or any part thereof, is made solely at your own risk and responsibility.
8. Disclosure
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of DecisionBrain, its users and the public.
9. Privacy
We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at https://decisionbrain.com/privacy-policy/ ("Privacy Policy"). You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
10. Warranty Disclaimers
10.1. This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. 10.2. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. DECISIONBRAIN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. DECISIONBRAIN DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUSES. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT DECISIONBRAIN WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT RESULT FROM TECHNICAL PROBLEMS RELATED TO THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY THIRD PARTY CONTENT, PRODUCT OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE. 10.3. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, DECISIONBRAIN DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DECISIONBRAIN SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF DECISIONBRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnity
You agree to defend, indemnify and hold harmless DecisionBrain, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; and (ii) your violation of these Terms.
13. Term and Termination
These Terms are effective until terminated by DecisionBrain or you. DecisionBrain, in its sole discretion, has the right at any time, with or without notice, to: (i) immediately terminate your access to the Site, or any part thereof, with or without cause (including, without any limitation, for a breach of these Terms); and (ii) discontinue or modify any aspect of the Site. DecisionBrain shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 13 and Sections 5 (Intellectual Property Rights), 6 (User Submissions) 8 (Disclosure), 9 (Privacy), 10 (Warranty Disclaimers), 11 (Limitation of Liability), 12 (Indemnity), 15 (Governing Law and Dispute Resolution) and 16 (General) shall survive termination of these Terms.
14. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by DecisionBrain without restriction or notification to you.
15. Governing Law and Dispute Resolution
These Terms and the relationship between you and DecisionBrain shall be governed by and construed in accordance with the laws of France and any dispute arising out of or in connection with the use of the Site or the Services shall be brought before the exclusive jurisdiction of the competent Courts of France.
16. General
These Terms shall constitute the entire agreement between you and DecisionBrain concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
