The terms beginning with a capital letter, used in the singular or plural in the body of these Terms and Conditions of Use have the meaning given to them below:
GTC: means the present General Terms and Conditions of Use concluded between the User and NUDGE
NUDGE: refers to the company NUDGE, a simplified joint stock company, registered in the Paris Trade and Companies Register under number 900 856 360, whose registered office is at 6 rue d'Armaillé, 75017 Paris.
Services: refers to all features and services offered by NUDGE through the Site.
Site: refers to the NUDGE website available at the following address: https://www.withanudge.com/nudge-eng.
User: means any person using the Services.
ARTICLE 2. Purpose
The Site is a commercial website that displays the products and services offerred by the NUDGE company.
These GTC determine the terms and conditions under which Users use the Site.
They are completed by the Privacy Policy, available here: https://www.withanudge.com/privacy-policy-eng
The GTC are accessible and printable at any time, by means of a link located on the Site, allowing their display on a stand-alone web page.
Access to and use of the Site are subject to acceptance of and compliance with these GTC. Consequently, any access and/or use of the Site implies the unconditional acceptance and respect of all the terms of the present GTC.
These GTC may be subject to subsequent modifications. The version applicable to the User is the one in force on the Site at the date of use of the Services.
The modifications cannot be retroactive. If the User objects to any of these modifications, he/she may cease to access the Site. The User who continues to use the Services is deemed to have accepted these modifications.
The User declares to know and understand: 
  • the internet network and its limits, in particular its functional characteristics and technical performance;
  • the risks of interruption of the Internet network;
  • the existence of response times to consult, query or transfer information;
  • the risks inherent in any data transfer. 
It is the User's responsibility to ensure that he/she has the appropriate computer and electronic communications equipment to access the Site. It is also the User's responsibility to take all appropriate measures to protect him/herself and NUDGE from any harm or damage to the data or content stored on the Site. NUDGE is not responsible for the User's computer media. 
All costs and authorizations required to connect, access and use the Site and the Services are and remain the responsibility of the User. 
3.1 Good conduct
The User undertakes to use the Site and the Services made available by NUDGE in accordance with these GTC and with the laws and regulations in force. 
For the use of the Site and the Services, the User undertakes in particular not to use, nor allow third parties to use them for the following purposes:
  • Contrary to public order and morality; 
  • Pornographic ;
  • Abusive, defamatory, racist, xenophobic, homophobic, revisionist or damaging to the honor or reputation of others; 
  • Incitement to discrimination, to hatred of a person or a group of persons because of their origin, their sexual orientation, their membership or non-membership of a particular ethnic group, nation, race or religion;
  • Threatening a person or group of people;
  • Degrading or injurious to the human person or his/her integrity;
  • The commission of a misdemeanor, felony or act of terrorism or the glorification of war crimes or crimes against humanity;
  • Allowing the infringement of the rights of others and the safety of persons and property;
  • And, more generally, to use them in any way tending to allow the above actions.
In particular, the User also undertakes, without this list being limitative, to: 
  • Notify NUDGE as soon as possible of any damage or malfunction of the Site at the following address: withanudge@gmail.com.
  • Not to damage, vandalize, or otherwise interfere with the use of the Site;
  • Not to deface, modify, disassemble, or generally alter in any way the Site or all or part of the Services;
  • Not to use any robot, "bot", "spider", "crawler" or any other automatic means or interface to access the Services, or extract information about other Users; 
  • Not to use the Services and in particular the Site for advertising or similar commercial purposes;
  • Not to use any software or other device to interfere or attempt to interfere with the proper working of the Site by any means whatsoever;
  • Not to interfere with the proper working of the Site and the Services in any way, including, without limitation, by transmitting any material that may contain a virus or malicious program that could damage or affect the Site and the Services and, more broadly, any component of the NUDGE infrastructure and solutions;
  • Not to alter, modify or degrade the Site or the software codes constituting it;
  • Not to take any action that may result in unreasonable or disproportionately large amounts of traffic to the Site or to any infrastructure connected to the Site;
  • Not gain unauthorized access to any of NUDGE's networks or computer systems by any means;
  • Not to decompile (reverse engineer), disassemble or otherwise reduce the code used in any software on the Site into a readable form in order to examine its structure and/or to copy or create other software based, in whole or in part, on such software, except for the applicable mandatory legal exception as provided for in Article L.122-6-1 IV of the French Intellectual Property Code;
  • Not to use meta tags or any other hidden text containing the name NUDGE without its specific prior written consent; 
  • Not to integrate any hypertext link referring to the Site by the technique of framing or automatic hyperlinks ("in-line linking") or deep.
Finally, in general, the User undertakes to comply with all the regulations in force applicable in France.
3.2. Guarantees of the User
User agrees to indemnify and hold harmless NUDGE and its respective directors, officers, employees, affiliates, agents, contractors, third party service providers and licensors from and against any and all claims or demands made by any third party, and from any and all liability, damages, losses and expenses (including costs and attorneys' fees) due to, arising out of or in connection with: (a) his/her use of the Site, (b) violation of these GTC, or (c) violation of applicable laws or regulations. 
Force majeure
NUDGE shall not be liable, or considered to have breached these GTC, for any delay or cause related to force majeure, as defined by Article 1218 of the French Civil Code and the jurisprudence of French courts and tribunals, including, without limitation, the interruption, suspension, curtailment or disruption of electricity or any interruption of electronic communications networks, or in the event of events beyond its control.
In addition to the disclaimers set forth herein, NUDGE shall not be liable for the unavailability of networks that are not under its direct control. 
These Terms of Use are entered into between NUDGE and the User upon accessing the Site. The Terms of Use are entered into for the duration of the User's use of the Site or the Services.
The User may terminate these Terms of Use at any time, without charge and for any reason whatsoever, by ceasing to use the Site and the Services.

The following articles shall survive any termination of this GTC or deletion of the Personal Space: 4, 7, 8 and 9.
The Privacy Policy explains how and why NUDGE collects, uses and shares personal data about the User when the User accesses or uses the Site.
These Terms of Use, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms of Use, constitute the entire agreement between NUDGE and the User with respect to access to and use of the Site.
NUDGE's failure to exercise or enforce any right or provision of these Terms of Use shall not be construed as a waiver of such right or provision.
In the event that one of the clauses of these GTC is invalid due to a change in legislation, regulation or by a court decision, this will not affect the validity and respect of the other clauses of the GTC.
These GTC shall remain in full force and effect regardless of any changes that may occur to the structure and legal personality of NUDGE, including, without limitation, in the event of a merger, acquisition or spin-off, whether or not a new legal entity is created.
These GTC – of which only the French language version shall prevail – and all matters relating thereto shall be governed by and construed in accordance with French law.
Unless otherwise provided, any dispute relating to the interpretation, validity and/or performance of these GTC, if not amicably resolved between NUDGE and the User, shall be subject to the exclusive jurisdiction of the courts attached to the Paris Court of Appeal, including for proceedings seeking emergency or protective measures, in summary proceedings or on petition. 
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