ARTICLE 1. DEFINITIONS
The terms beginning with a capital letter, used in the singular or plural in the body ofthese Terms and Conditions of Use have the meaning given to them below:
Application: means the application developed by NUDGE, accessible on cell phones.The Application is a networking application for students and alumni of schools and universities.
GTC: means the application developed by NUDGE, accessible on cell phones.The Application is a networking application for students and alumni of schools and universities.
Personal Space: means the personal space created and managed on the Application by the User. The User has access to the Services via his Personal Space.
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 Application and the Site.
User: means any person using the Services.
The Application is a networking application for students and alumni of schools and universities.
These GTC determine the terms and conditions under which Users use the Application.
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. The GTC are also available on the Application when the User registers.
Access to and use of the Application are subject to acceptance of and compliance with these GTC. Consequently, any access and/or use of the Application and more generally of all the Services, implies the unconditional acceptance and respect of all the terms of the present GTC.
The User can only finalize his/her registration by accepting the present GTC. The acceptance of the present GTC by the User is materialized by a checkbox named "By registering, I accept the General Terms and Conditions of Use of NUDGE" available on the registration page of the Application.
These GTC may be subject to subsequent modifications. The version applicable to the User is the one in force on the Site and on the Application at the date of use of the Services.
If material changes are made, NUDGE will notify Users via the Application, or by other means, to give them an opportunity to review the changes before they take effect.
The modifications cannot be retroactive. If the User objects to any of these modifications, he/she may delete his/her Personal Space and cease to use the Application. The User who continues to use the Services is deemed to have accepted these modifications.
ARTICLE 3. ACCESS TO THE APPLICATION
The use of the Application is subject to its download on mobile. It is compatible with iOS and Android operating systems, and available on Play Store and App Store.
Registration on the Application is required to access the Services.
Registration is done via the form available on the Application, by providing an email address and a password.
In order to use the Services, the User must then provide: his/her last name, first name, city of residence, status (graduate or student), school, year of graduation, and if applicable, current or last position (company, position, city).
The User then has access to his/her Personal Space.
The User guarantees:
To be over 18
To be the holder of only one Personal Space on the Application, with his/her first and last names in accordance with his/her civil identity
Not to have been banned from accessing and using the Application by NUDGE.
The User agrees not to create a false identity on the Application, create a Personal Space for any third party or attempt to access or use the Personal Space of a third party.
3.2 Managing the Personal Space
The User can complete the data concerning him/her on his/her Personal Space, in particular by filling in his/her biography, his/her interests as well as his/her complete student and/or professional background.
The User can also, if he/she wishes, upload a profile photo from his/her camera. He/she must then authorize access to his/her camera.
The User undertakes to provide accurate and true information on his/her Personal Space. He/she undertakes to update it in case of modification.
ARTICLE 4. APPLICATION SERVICES
From his/her Personal Space, the User notably has access to the following Services:
User may create an alumni group on the Application. To do so, the User must select one or more common points among those proposed on the Application, which must be shared by the members of the group. Once common points are selected, an invitation to participate in a conservation on the Application is sent to all Users who share those common points. Invited Users are free to accept or decline to participate in this conversation.
The User can ask a question on the Application. To do so, the User must select a goal and a sub-category of goals among those proposed on the Application, and answer the questions allowing to refine the search. Once the fields have been completed, NUDGE identifies the peer User best able to answer the question based on the information provided during registration and on the Personal Space and invites that peer User to participate in a conversation with the User who asked the question. The invited peer-User is free to accept or decline to participate in this conversation.
4.3. Participate in a conversation
The messages exchanged on the messaging service are the full and entire responsibility of their authors. When using the messaging service, the User agrees to respect the rules of good conduct detailed in article 6.3. of the GTC.
Users may report any unlawful content to NUDGE by emailing
withanudge@gmail.com or directly through the Application, using the contact form provided. NUDGE reserves the right to delete messages and/or restrict, temporarily or permanently, access to the messaging service to any User in violation of these GTC.
4.4. Programs and training at partner schools and universities
NUDGE may communicate and promote, via the Application, programs, training or other operations organized by its partner schools and universities.Participation in these operations is the sole and entire responsibility of the User, who is invited to consult the general conditions of the organizing partner.
ARTICLE 6. OBLIGATIONS OF THE USER
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 and the Application. 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 Application and the Site. NUDGE is not responsible for the User's computer media.
All costs and authorizations required to connect, access and use the Application, the Site and the Services are and remain the responsibility of the User.
6.2. Security of the Personal Space
The use of the Application requires the creation of a Personal Space, by means of a personal identifier and a password, and if applicable, a code communicated by NUDGE’s partner school, university or association. The User's password and code are strictly personal and confidential.
As such, the User agrees to:
Choose a strong password;
Keep his/her password secret;
Not to share his/her password nor his/her code with third parties in any form whatsoever;
Not to allow access to his/her Personal Space by third parties;
If the User loses or forgets his/her password, he/she may reset it and create a new one.
The registered User is solely responsible for the use of his/her personal identifiers, as well as any actions and/or statements made through his/her Personal Space. The User must maintain the security of his/her Personal Space and immediately notify NUDGE if he/she discovers or suspects that someone has accessed his/her Personal Space without his/her authorization.
To be taken into account, the User's reports must be sent by e-mail to the following address:
withanudge@gmail.com or directly via the Application, using the contact form provided for this purpose.
Upon receipt of the above report, NUDGE will verify the identity of the User of the Personal Space. If there is any doubt as to the identity of the User, NUDGE will promptly terminate access to the User's Personal Area in order to stop the fraudulent use of the Services. This action will also prevent the User from accessing his/her Personal Space. NUDGE's response time is not immediate, but will be as soon as possible after receipt of the notification.
The User undertakes to use the Site, the Application 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, the Application 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 or the Application at the following address: withanudge@gmail.com, or directly via the Application, using the contact form provided for this purpose;
Not to damage, vandalize, or otherwise interfere with the use of the Site or the Application;
Not to deface, modify, disassemble, or generally alter in any way the Site, the Application 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 and the Application 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 or the Application by any means whatsoever;
Not to interfere with the proper working of the Site, the Application 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 Application, the Site and the Services and, more broadly, any component of the NUDGE infrastructure and solutions;
Not to alter, modify or degrade the Site, the Application or the software codes constituting them;
Not to take any action that may result in unreasonable or disproportionately large amounts of traffic to the Site or Application or to any infrastructure connected to the Site or Application;
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 and the Application 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 or the Application 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.
6.4. 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 Application, (b) violation of these GTC, or (c) violation of applicable laws or regulations.
ARTICLE 7. RESTRICTIONS ON ACCESS AND USE OF THE APPLICATION
In NUDGE's sole discretion, any content, including but not limited to any message, that:
violates all or part of the GTC;
violates NUDGE's rules of good conduct, as set forth in Article 6.3. of the GTC;
limits or inhibits any other person from using or enjoying the Application; or
could expose NUDGE or Users to any type of damages or liability.
If NUDGE deletes content posted by a User, NUDGE will notify the User and provide reasons for the deletion, unless prohibited by law.
7.2 Suspension or deletion of a Personal Space
NUDGE reserves the right to limit the User's use of the Application, including the number of relationships and the ability to contact other Users.
If the User has manifestly, seriously or repeatedly violated these Terms and Conditions of Use, including the rules of good conduct set forth in Article 6.3, NUDGE reserves the right to suspend or permanently disable access to the User's Personal Space.
In such event, NUDGE will send a notice to the User and the User is responsible for responding within a reasonable time. In any event, NUDGE reserves the right to automatically terminate the User's account.
NUDGE also reserves the right to terminate the Personal Space of a User who has accessed the Application in an illicit manner, particularly by unauthorized use of the code provided by the partner school, university or association.
ARTICLE 8. INTELLECTUAL PROPERTY
NUDGE respects the intellectual property of others and requires that Users of the Application do the same. If a User believes that any content on the Application infringes a copyright, design right or trademark owned by him/her, the User may notify NUDGE at
withanudge@gmail.com or directly through the Application using the contact form provided. If NUDGE removes content in response to a copyright, design patent or trademark notification, NUDGE will notify the User who posted the content. If the User considers that his/her content has been wrongly removed, he/she may send a counter-notification to the contact information provided above.
By posting content on the Application, User represents and warrants that he/she has the rights, power and authority to grant the rights detailed below.
User retains all ownership rights in the content, but grants NUDGE a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, perform, copy, publicly perform or publicly display, translate, and create derivative works from the content for the duration of the intellectual property rights protecting the content.
8.3. NUDGE Intellectual Property
These GTC do not grant the User any intellectual property rights to the Application and/or its identifying elements, which remain the sole and exclusive property of NUDGE. The graphic charter and the contents of the Application, other than those that may be downloaded and/or entered by the User, are protected by the legislation relating to intellectual property in France. NUDGE and/or its partners are the owner of all related rights. The User shall not represent, reproduce, modify or exploit the graphic design and/or content of the Application without the prior written consent of NUDGE. Any unauthorized use of the graphic design and/or content of the Application constitutes an act of copyright infringement and/or infringement of the right to distinctive signs, and is likely to engage the responsibility of the User.
8.4. Suggestions, proposals and recommendations from Users
In the event that a User chooses to provide NUDGE with any suggestions, proposed ideas or recommendations for improving the Services, the User acknowledges and agrees to grant NUDGE a license to use such suggestions, proposals or recommendations.
This license shall be irrevocable, free of charge, transferable, unlimited in duration and worldwide. It will allow NUDGE to incorporate these suggestions or proposals into its Services and, more generally, to exploit them without restriction, without identifying the User and without the User's prior consent.
ARTICLE 9. RESPONSIBILITY
If the User encounters a problem while using the Application, or has any questions regarding the Application, the User may contact NUDGE at
withanudge@gmail.com or via the contact form available on the Application.
NUDGE shall use its best efforts to respond promptly to User's complaints.
9.2. Availability of the Application
NUDGE shall be liable to the User only on a best-efforts basis and shall not provide any warranty, express or implied, including any warranty of quality and fitness for a particular purpose of the Services provided to the User, subject to the legal warranties of compliance and against hidden defects.
It is technically impossible to provide the Application free of defects and such defects may result in the temporary unavailability of the Application. The operation of the Application may be affected by events and/or things beyond NUDGE's control, such as, for example, transmission and communication facilities between NUDGE, Users of the Application, networks, suppliers.
NUDGE may, at any time, temporarily or permanently modify or discontinue all or part of the Application to perform maintenance and/or make improvements and/or changes to the Application.
NUDGE may, at any time, temporarily or permanently modify or discontinue all or part of the Application to perform maintenance and/or make improvements and/or changes to the Application.
It is also specified that maintenance and/or updates of the Site or the Application may be carried out without prior notice to the User.
NUDGE is not responsible for the consequences of any modification, suspension or discontinuance of the Application.
NUDGE has no obligation to store or continue to display in the Application any information or content posted by the User, except to the extent required by applicable law and as described in the Privacy Policy.
The Application may contain links to other sites that NUDGE does not operate.
NUDGE cannot be held responsible in any way for the provision of these links allowing access to these external sites and sources, and cannot be held responsible for the content, advertising, products, services or any other material available on or from these external sites or sources, which are neither verified nor approved by its teams.
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.
ARTICLE 12. PERSONAL DATA
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 or Application.
ARTICLE 13. GENERAL PROVISION
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 and the Application.
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.
ARTICLE 14. APPLICABLE LAW AND JURISDICTION
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.
