Term of use

1. Legal Notice

Publisher :

Coorganiz France
Share capital: €100
Registered office: 176 Avenue Charles de Gaulle, 92200 Neuilly-Sur-Seine, France
Registered with the RCS of Nanterre, SIRET n° 85289396500016
VAT number: FR96852893965
Phone: +33 1 76 44 13 78
Email : hello@calizy.com

Host :

Digital Ocean Company
DigitalOcean LLC
101 Avenue of the Americas, 10th Floor New York, NY 10013
VAT ID: GB359343377
Phone: +1 212-226-2794

Publication Manager : Anne-Béatrice Sonnier

2. Definitions

Calizy: refers to the software solution published by Coorganiz and provided in SaaS mode to its Clients as part of a Contract.

Client: efers to the legal entity that has concluded a Contract with Coorganiz France or any other Affiliated Company to notably provide an Appointment Scheduling service to its End-Users with its Contacts, via the Selfcare Services of its choice.

Terms of Use: has the meaning given in the preamble above and refers to the present conditions applicable to access and use of the Interface by End Users.

Contract: designates the SaaS contract concluded between Coorganiz France and the Client organizing the terms of subscription to the Calizy software solution and associated services. Under this Contract, the Client has subscribed to the Selfcare module allowing you to access and use the Appointment Scheduling Interface through various Selfcare Services.

Coorganiz Genius: refers to the Société par Action Simplifiée (simplified joint stock company) registered with the Nanterre Trade and Companies Register under number 849 365 333 00020, and having its registered office at 176, avenue Charles de Gaulles, 92200 Neuilly-sur-Seine.

Coorganiz France or Coorganiz: refers to Société par Action Simplifiée, registered with the Nanterre Trade and Companies Register under number 852 893 965 00016, and having its registered office at 176, avenue Charles de Gaulles, 92200 Neuilly-sur-Seine.

Data: refers to any data or information communicated by the End-User in the context of using the Interface or produced on their behalf, including Personal Data. This term also includes any information and data downloaded, hosted, and/or used by the End-User via the Selfcare Interface and Calizy Services within the framework of these TU.

Personal Data: has the meaning appearing within Article 4 of European Regulation 2016/679 of April 27, 2016 ("RGPD").

Interface or Selfcare Interface: refers to the web page of the "Selfcare" module published by Coorganiz interfaced with the Calizy software solution and made available to End-Users via the Selfcare Services chosen by the Client. The Interface allows End-Users to make an Appointment by completing the form made available to them in accordance with the conditions described herein.

Contacts: refers to all physical persons authorized by the Client to receive appointment requests via the Selfcare Interface, which may include its employees, service providers, subcontractors, partners, etc.

Messages: messages (sms or other) or electronic communications that may be sent by the Client on the basis of Data communicated via the Interface when an Appointment is made (notifications, reminders, etc.) by an End User.

Selfcare Services: refers to the various technical access modalities chosen by the Client to allow You to access the Appointment Scheduling Interface, including making the Interface available directly on the Client's Website, via a hyperlink sent by Messages, or through chat areas, bots, etc., or any other access modalities that may be proposed by Coorganiz to the Client in the future.

Client's Website: refers to the Client's website on which it makes the Selfcare Interface available to End-Users, allowing them to access and use the appointment scheduling service through a hyperlink redirecting to the Interface, under the terms set out in the Contract. The Client's Website is one of the access modalities proposed by Coorganiz within the framework of the Selfcare Services.

Affiliated Companies: means any entity owned directly or indirectly by Coorganiz Genius.

User Final or You: has the meaning set out in the preamble to these TU and refers to any natural person, acting as a private individual or in a professional capacity, to whom the Customer allows an Appointment to be made on the Selfcare Interface, via one or more Selfcare Services, in order to enable them to make an appointment with one of its Contact Persons.

Parties: jointly refers to Coorganiz and the End-User.

Appointment Scheduling: refers to the service allowing the End-User to schedule appointments online with a Contact via the Interface.

Client's Services: refers to the services provided by the Client to End-Users in the context of its activity..

3. Purpose

The stipulations of these Terms of Use govern Your access to the Selfcare Interface via one or several Selfcare Services, and Your use of the appointment scheduling service available on the Interface published by Coorganiz and made available to End-Users by the Client.

Access to the Interface is granted to You, via the Selfcare Service(s) chosen by the Client, due to a Contract concluded between the Client (the company to which the Contact you seek to schedule an appointment with belongs) and Coorganiz, which allowed it to acquire the rights and licenses required to make the Interface available to You.

By using the Selfcare Interface in any way, you agree to be bound by these Terms of Use and acknowledge having read the privacy policy concerning you, appearing on the Client's Website or made available to You by the Client by any other means.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE MAKING AN APPOINTMENT AND USING THE INTERFACE. IF YOU DO NOT ACCEPT THESE TERMS OF USE AS DESCRIBED IN SECTION 4, YOU WILL NOT BE ABLE TO ACCESS OR USE THE INTERFACE.

Any other document, terms of use, commercial documentation, purchase orders issued or communicated, directly or indirectly, by the Client or made available by the Client via the Client's Website (or any other means) shall not have the effect of modifying and/or supplementing the stipulations of these Terms of Use, which exclusively govern the conditions of access and use of the Selfcare Interface by End-Users.

4. Access to the Interface and Identification Information

To access the Interface, You must use the Selfcare Service(s) chosen and communicated by the Client.

When You access the Interface, You are invited to (i) complete an identification and Appointment form, or validate a form pre-filled in whole or in part with the Data that You have communicated to the Client in the context of Your contractual/business relationship, (ii) select the Contact of Your choice, and (iii) read these Terms of Use and tick the box "I acknowledge having read and accept the Terms of Use of the Interface" provided for this purpose in case of acceptance. By ticking this box, you acknowledge having read and accepted all the stipulations of these Terms of Use, which You undertake to fully comply with. If you do not accept these Terms of Use (do not tick the box), you will not be able to validate the sending of the form and therefore the Appointment.

You do not have the possibility to create a user account on the Interface. The process described in the paragraph above must be repeated for each Appointment.

5. Appointment scheduling - Service Description

The Interface is intended to allow You a facilitated Appointment with the Contacts of the Client making the Interface available to You via one or several Selfcare Services.

The Interface is configured by the Client, who may choose to use or not certain functionalities at its disposal as described below.

You can, at any time, schedule an appointment online via the Interface with a Contact, at a time indicated as available in the agenda of the concerned Contact. Each appointment request is transmitted in real-time to the Contact. The appointment may be confirmed to You, depending on the configuration of the Interface operated by the Client, by sending a Message from the Contact.

If needed, and if the Client has chosen this setting, the Contact can delay or even cancel the appointment in their agenda. In this case, depending on the choice of the Client, You may be informed by Message.

You undertake to complete all necessary Data requested by the Client for the proper use of the appointment scheduling service.

You are informed that scheduling an appointment via the Interface constitutes a firm commitment on Your part, and that any cancellation of a scheduled appointment must be subject to prior notification of cancellation or postponement to the Contact. This notification can be made either via the cancellation system provided via the Interface, in case the Client has configured this functionality, or by any other means of contact of the Contact made available by the Client.

6. Term / Duration

These Terms of Use apply to You from their acceptance when You complete the online appointment scheduling form and remain in force for the entire duration of Your authorized use of the Interface and, in any case, for a maximum duration corresponding to the duration of the Contract concluded between Coorganiz and the Client, subject to the contrary stipulations hereafter relating to the suspension and termination of access to and use of the Interface (hereinafter the "Duration").

7. Rights of access to and use of the Selfcare Interface

Subject to compliance with all the stipulations of these Terms of Use, Coorganiz grants You a non-exclusive, non-assignable, non-transferable (including through a sublicense), worldwide, and free right, for the Duration indicated in Article 6 hereof, to access and use the Selfcare Interface under the conditions described in these Terms of Use.

You may only access and use the Interface in accordance with its purpose and solely for the internal professional needs of the Client, any commercial exploitation of the Interface being excluded.

8. Restrictions on use of the Interface

You must not attempt to interfere with or compromise the integrity and security of the Interface.

You must comply with all applicable laws and regulations when accessing and using the Interface.

Except in cases where applicable laws or regulations permit it and in cases expressly authorized by the Terms of Use, You must not:

• copy, modify, alter, merge, adapt, integrate, delete, duplicate, create derivative works, republish, upload, transmit, and/or distribute any part or all of the Interface and/or its content in any form or medium and by any means whatsoever;
• attempt to decompile, disassemble, reverse engineer, translate, and/or reduce in any other way to a form perceptible by humans any part or all of the Interface;
• access any part of the Interface to develop a product or service competing with the Interface or any service provided by Coorganiz or Affiliated Companies;
• use the Interface for purposes other than those explicitly provided for by these Terms of Use or in any manner prohibited by applicable law or regulation;
• use the Interface to provide third parties with services similar to those provided on the Interface or associated with the Interface;
• correct or have corrected errors, malfunctions, or any other defect in the Interface;
• use the Interface to infringe on the rights of others;
• access, store, distribute, or transmit any virus, any data, or any material during Your use of the Interface that is illegal, illicit, harmful, threatening, defamatory, obscene, abusive, or infringing on rights, or that is not in compliance with applicable laws;
• grant a sublicense, sell, rent, transfer, display, disclose, broadcast, commercially exploit, or otherwise make the Interface available to a third party;
• access without authorization, interfere with, damage, or disrupt any part of the Interface or the equipment or network on which the Interface is stored;
• use an automated system or software, including, without limitation, "robots", "spiders", and "offline readers" to (i) access the Interface in a manner that sends more request messages to the Interface than a human can reasonably produce in the same period using a conventional online web browser and/or; (ii) extract any data, information, or element from the Interface (including, without limitation, by doing "screen scraping"). Coorganiz reserves the right at any time and without notice (at its sole and absolute discretion), without being held liable to You in any way, to disable and suspend Your access to the Interface to the extent and for the duration necessary, in case of non-compliance with these stipulations.

9. Intellectual property rights

Access to and/or use of the Interface does not in any way recognize any right whatsoever and, more generally, does not grant the End-User any intellectual property right over the Interface or any of its features. In this respect, You acknowledge and agree that We and/or, where applicable, Our Affiliated Companies, and/or our licensors are and remain the exclusive owners of all rights (including all intellectual property rights) over the Interface, all its components, features, and modules (including, but not limited to, all texts, graphics, images, logos, names, brands, signs, designs, sounds, photographs, videos, drawings, data, databases, and software) and the Documentation associated therewith, made available to You under these Terms of Use.

All rights relating to know-how, techniques, programs, tools, integrations, improvements, and/or documents developed by Us in the context of the provision of the Interface or any service related thereto shall remain Our exclusive property. To this end, You agree not to remove, modify, or alter any mention of Intellectual Property Rights displayed or provided by the Interface.

Except for the limited rights expressly granted to You under the "Rights of Access and Use of the Selfcare Interface" article of these Terms of Use, You or the Client do not hold any Intellectual Property Right and/or any other right or license on or associated with the Interface.

You acknowledge that any violation of this article constitutes an act of infringement civilly and criminally punishable.

10. Indemnification

Coorganiz undertakes to defend You and indemnify You against any legal action or claim that You may be directly subject to alleging that the Selfcare Interface infringes the intellectual property rights of a third party, provided that: i) You have used the Selfcare Interface in accordance with these TU, the law, and applicable regulations; ii) the Selfcare Interface has not been modified by a person not expressly authorized by Coorganiz; iii) the Selfcare Interface has not been used in combination with any other product or service offered by a provider other than Coorganiz when the alleged infringement relates to this combination; iv) You inform Coorganiz as soon as possible of any claim or legal action filed under this article; v) Coorganiz has exclusive control of the defense of the case; and vi) You provide reasonable assistance to Coorganiz in the defense of the claim. Coorganiz will indemnify the End-User for all costs (including reasonable attorney's fees, court costs, and expenses) and damages arising from any final conviction or any transaction approved by Coorganiz. To the fullest extent permitted by applicable regulation, this Article defines Coorganiz's entire liability and the End-User's sole remedy in case of actions or claims by third parties based on an infringement of their intellectual property rights.

You acknowledge being responsible for the Data that You upload and generate in and/or through the Interface and/or the Selfcare Services and warrant in this regard that You hold all the necessary rights and authorizations for the use of these Data and that You have paid all possibly required rights and payments. You agree to defend and indemnify Coorganiz France, Coorganiz Genius, and/or their Affiliated Companies against any legal action, any procedure, or claim by a third party or a competent authority alleging that the Data and/or any element provided by You under these and/or any breach of these Terms of Use or any use of the Interface and/or the Selfcare Services infringes any third-party rights, including any intellectual property rights, rights to the image of goods and/or individuals, right to privacy and protection of Personal Data, public order and/or good morals, provided that Coorganiz i) informs You as soon as possible that a claim, action, or procedure is filed under this Article, ii) provides You with all reasonably necessary assistance in its defense. To the fullest extent permitted by applicable law, You will indemnify Coorganiz France and/or Coorganiz Genius and/or their Affiliated Companies for all costs (including reasonable attorney's fees, court costs, and expenses) and damages arising from any final conviction, administrative sanction, or transaction approved by You.

11. Disclaimer of warranty and liability

1. THE INTERFACE AS WELL AS ALL ITS COMPONENTS, FEATURES, AND/OR MODULES ARE MADE AVAILABLE TO YOU FREE OF CHARGE AND ARE THEREFORE PROVIDED "AS IS". IN THIS REGARD, YOU AGREE THAT YOUR USE OF THE INTERFACE IS ENTIRELY AT YOUR OWN RISK.

We exclude any warranty or representation of any kind, whether express or implied, regarding the Interface, its components, its features, and any content, media, or information contained within the Interface or accessible through it. The information (data, images, graphics, and documents) displayed on the Interface, although emanating from reliable sources, is provided for informational purposes only. We do not warrant or represent, expressly or tacitly, that the information provided on this Interface is accurate, complete, up-to-date, or error-free.

We make our best efforts to implement the means and measures necessary for the proper operation and maintenance of the continuity and quality of the Interface. However, We do not guarantee that Your access to the Interface or any part of it, or the availability of its content, will be uninterrupted. In this regard, You acknowledge that Coorganiz cannot be held responsible for an interruption of the Interface and/or any damage resulting from it and that access and the proper functioning of the Interface depend on the reliability, availability, and continuity of connections of a number of third parties (telecommunications network operators, the public Internet, the End-User's equipment, etc.). You are solely responsible for implementing appropriate antivirus and security software on your hardware and other devices to protect them from bugs, viruses, or other harmful programming routines.

You acknowledge and accept that the service made available via the Interface may be interrupted for maintenance, security, and/or any other purpose and/or due to computer problems, an interruption or malfunction of the Internet service, a failure of any reception equipment or communication lines, or other unforeseen circumstances. We cannot be held responsible for any delay or problem related to the use of the Interface.

We do not exercise any control and assume no responsibility for the content that You, or third parties provide, upload, and/or use via the Interface, in case the configuration of the Interface chosen by the Client allows it. This disclaimer applies to the maximum extent permitted by applicable law. You acknowledge and accept that only You and the Client are responsible for the Data communicated in the context of the use of the Interface, excluding any liability of Coorganiz, its Affiliated Companies, or its suppliers.

You acknowledge that the role of Coorganiz is limited to that of a mere intermediary and technical service provider. Coorganiz and its Affiliated Companies are not responsible for the behavior of End-Users as well as Clients and their Contacts, whether online or offline. As such, Coorganiz declines all responsibility in case of a dispute, whatever the cause, between an End-User and the Client (including its Contacts), not attributable to Coorganiz. Coorganiz and/or its Affiliated Companies cannot in any case be held responsible (i) for the non-performance or poor performance by the Client of appointments made via the Interface (including any cancellation or unavailability of the Contact targeted following the scheduling of an appointment by the End-User via the Interface); and/or (ii) for the non-performance or poor performance, as well as the content, of the Client's Services provided to End-Users.

If You use the Interface for professional purposes:

To the fullest extent permitted by applicable regulations, Coorganiz, its Affiliated Companies, its suppliers, or its licensors cannot in any case be held liable for any indirect damage of any kind (i.e., including any loss of profit, loss of earnings, business loss, loss of confidential information or other data, business interruptions, breaches of privacy, failure to meet any duty, including the duty of good faith and care, for acts of negligence, and for any pecuniary or other loss), resulting from, or related to the use or the impossibility of using the Interface.

Aside from the types of liabilities that We cannot legally limit, We limit our liability to You to the lump sum and overall amount of twenty euros (€20).

If You use the Interface as a consumer residing in the EU:

The stipulations set forth above do not apply to You when they are prohibited by the provisions of consumer law, and We remain, in such a case, liable to You under common law conditions.

12. Messages sent to the End User

By making an online Appointment, You request and therefore authorize the Client, via the Interface, and/or where applicable via Calizy, to send You Messages (i) confirming, modifying, canceling, or reminding of an appointment; (ii) informing about the sending of document(s); and (iii) any other type of information related to appointments made on the Interface.

These Messages are sent by Coorganiz on behalf of the Client with whom You have made an Appointment via the Interface. Coorganiz declines any responsibility in case of non-reception of a Message for technical reasons beyond its control.

You may oppose the sending of Messages. To do so, You must make a request to the Client with whom you have made an appointment. The Client is solely responsible for disabling the sending of Messages if You oppose it.

Coorganiz declines any responsibility in case of error in entering the contact details by the End-User making it impossible to send any Message necessary for the proper functioning and good administration of the Appointment Scheduling.

13. Protection of Personal Data

Under this clause, all terms with a capital letter, including the terms "Personal Data", "Data Controller" "Data Processor" "Processing" "Data Subjects" have the meaning given to these terms in Article 4 of the GDPR.

"Applicable Data Protection Regulation" means the GDPR and the French law No. 78-17 of January 6, 1978, known as the Data Protection Act, as well as any applicable national law transposing the European Directive 2002/058/EC of July 12, 2002, known as the e-Privacy Directive, as regularly updated, amended, and/or replaced.

In the context of providing appointment scheduling services via the Interface, Coorganiz is only involved in processing Your Personal Data as a Data Processor and only on instructions from its Clients (acting as independent Data Controllers). Coorganiz makes no proprietary use of Your Personal Data and is never involved in renting or selling Your Personal Data.

In the context of these processing activities, Coorganiz may be involved in processing different categories of Personal Data on behalf of the Client depending on the configuration chosen by the Client for the collection form on the Interface. In the context of this configuration, the Client has the option to choose an option allowing You to be offered a pre-filled form with the Data that you have directly or indirectly communicated to the Client as part of your previous exchanges.

For more information regarding the Processing of your Personal Data, please consult the applicable provisions on the processing of Personal Data operated by the Client and on how to exercise your rights, appearing within the Client's privacy policy available notably on its Client's Website or any other means made available to You by the Client.

14. CONFIDENTIALITY

We mutually commit to keeping strictly confidential the information exchanged in the context of the use of the Interface. For the purposes of this Section, any non-public information, know-how, and trade secret of any nature, communicated by You or Us and/or to which You or We have access on any support, in writing, orally, or by any means whatsoever, shared, contained, or generated via the Interface during the Duration, will be considered as "Confidential Information".

Each party receiving Confidential Information undertakes to, i) keep said Confidential Information in the strictest confidentiality and not to publish or disclose it to third parties, except in the cases provided for below; ii) not use the Confidential Information for purposes other than the use of the Interface under the conditions described in these Terms of Use; iii) take all necessary measures to protect confidentiality; iv) limit disclosure and access to the Client and its Contacts. All Confidential Information remains the exclusive property of the party originating it.

You acknowledge and accept that We may transmit certain Confidential Information to Our employees, consultants, subcontractors, or those of Our Affiliated Companies to the extent that this information is necessary to make the Interface available to You.

The following information is not considered confidential: (a) information that is already in the possession of a party at the time of disclosure, as duly proven by that party in writing, or (b) information that is now in or enters the public domain otherwise than by an unauthorized disclosure by the receiving party and without violation of these Terms of Use, or (c) information that is legitimately received by a party from a third party who has the right to disclose such information and without obligation to keep it confidential, or (d) information independently developed by a party without use or reference to any of the Confidential Information, (e) information whose disclosure is required under applicable legislation, regulatory law, or judicial decision (in which case they will only be disclosed to the extent required and when the law permits it after having informed the disclosing party in writing).

The obligations of the Parties concerning Confidential Information will remain in force during the Duration and for a period of five (5) years after the expiration of said Duration.

15. THIRD-PARTY WEBSITES OR SERVICES

The Interface may contain links to or call the servers of websites, software, APIs, or more generally services of third parties that are beyond our control ("Third-Party Websites").

We are not responsible and offer no guarantee, express or implied, for the information, content, or other products or services contained in Third-Party Websites or accessible through them (including Client Websites).

16. SUSPENSION AND TERMINATION OF ACCESS

Without prejudice to any other remedy or compensation that We could exercise otherwise, We reserve the right, without notice and at any time, to refuse to make available or to limit, suspend or terminate the use of all or part of the Interface and to take technical and legal measures to prevent the Client and/or You from accessing the Interface in the following cases:

• in case of violation by You or the Client of these Terms of Use, the Contract, or any applicable law or regulation;
• when the use of the Interface is likely to violate and/or infringe on any third-party rights;
• when the use of the Interface by You or the Client is likely to harm or interfere with the proper functioning of the Interface and its use by Our Clients or other End-Users;
• if the law or any applicable regulation and/or any judicial, administrative, or governmental authority requires it; and
• if the Client requires it for any reason.

Your access to the Interface will automatically be withdrawn upon the expiration or termination of the Contract under the circumstances provided for in these Terms of Use.

17. MODIFICATION AND SUSPENSION OF THE INTERFACE

We may, at our sole discretion, update and modify any function, module, or content of the Interface.

18. MODIFICATIONS TO THESE TERMS OF USE

We reserve the right to modify all or part of these Terms of Use at any time.

In any case, You must read the Terms of Use and accept them at each Appointment. The latest version in force will be accessible during this acceptance process, as described in Article 4 of these TU.

You can consult at any time the applicable version of the Terms of Use in the Interface tab.

19. MISCELLANEOUS

The fact that one of the Parties does not act against the other Party for a breach of its obligations shall not be interpreted as a waiver of the obligation in question or as an addition to these terms of use and cannot prevent the non-defaulting party from invoking it.

If one (or more) of the provisions of these Terms of Use is rendered or declared null and void under a law, regulation, or decision of a competent jurisdiction, the Parties will agree on one or more provisions replacing the null and void provisions and allowing to achieve as closely as possible the goal sought by the initial clauses. All other provisions of these Terms of Use retain their full force and scope.

For any question relating to the use of the Interface or these Terms of Use, you can send an email to the following address: hello@calizy.com

20. Applicable law and jurisdiction

The contract formed by the acceptance of these Terms of Use is subject to French law. The language of these Terms of Use is French.

In case of a complaint or dispute concerning access and use of the Interface, the End-User undertakes to contact Coorganiz first by email at the following address: hello@calizy.com or by registered mail with acknowledgment of receipt (LRAR) to Coorganiz France, 176 avenue Charles de Gaulle 92200 Neuilly-Sur-Seine, France.

If the End-User is a professional (e.g., a physical person acting in the context of their professional activity), any dispute between the Parties concerning matters related to these Terms of Use, their validity, enforceability, interpretation, or execution, which could not be settled by an amicable solution, will be submitted to the exclusive jurisdiction of the Nanterre Commercial Court, it being understood that each Party may request an immediate injunction from any competent court.

If the End-User is a consumer and their habitual residence is located in a country of the European Union, the User also benefits from rights protecting them under the mandatory provisions of the applicable law of their country of residence. In the absence of an amicable agreement with the consumer, French courts will have sole jurisdiction.