The BubbleYou Solution is the property of ADS, registered in the Nanterre Trade and Companies Register under number 831 830 948, whose registered office is located at 2-4, rue Maurice Hartmann 92130 Issy-les-Moulineaux, France.

ADS’s activity notably involves the development and the operation of the SaaS Solution (Software as a Service) BubbleYou and the associated services enabling any organisation to create and administrate a collaborative social platform.

In the remainder of these terms of use, we will refer to ADS as BubbleYou.

BubbleYou intends to give the following meaning to each of the terms mentioned below. Other capitalized terms and phrases herein shall have the same meaning as set forth in the General Terms of Subscription. Any reference in the singular also includes the plural and vice versa. Any reference to one gender includes the other gender.

Administrator: the Subscriber or the person authorised by the Subscriber and acting on their behalf and under their responsibility to access the Account and use the Solution and the Services, who agrees to be bound by the terms of the General Terms of Use.

BubbleYou : the private and thematic discussion spaces created and administrated by the Administrator in accordance with the General Terms of Use and the Community Policy.

Community: the collaborative community network created and administrated by the Administrator using the Solution enabling Community Members to use the Member Services in compliance with the Community Policy.

Data Processing Agreement: the contract whose purpose is to determine the obligations between the Administrator, acting as data controller, and BubbleYou , acting as a data processor, in the framework of the processing of Community Members’ Personal Data.

Data: any information of any kind that is shared and disseminated in the Community discussion areas by the Administrator and Members when using the Services.

Personal Data: any information of any kind, on any medium, relating to an identified or directly or indirectly identifiable individual.

Personal Space: the Administrator’s personal space that is accessible from their Account, enabling them to access their profile information, that of the Community members, their invoicing, and their Community and BubbleYou configuration and customisation functionalities. 

User ID: means the username and password chosen by the Administrator when creating their Account that is required to use the Solution and the Services.

Members: the members of the Administrator’s Community, including the Administrator, invited by the Administrator to join the Community, to use the Solution and the Services and having agreed to comply with the Community Policy.

Community Policy: the standards applicable to Members of the Administrator’s Community supplementing, where applicable, the rules of procedure that are already applicable in the Administrator’s organisation that Members are required to accept upon joining the Community and upon their first use of the Solution and the Services.

Data Protection Policy the data protection policy informing the Administrator of the conditions for the collection and processing of their Personal Data when using the Solution and the Services.

Publications: any text, photo, video, musical content, without this list being limitative, published by the Subscriber, the Administrator and/or the Members on the public or private Community spaces, to which BubbleYou has no right, nor any responsibility towards the Administrator, and/or their Administrators, and/or the Members, and/or any third party having accessed it.

Administrator Services: the services provided to the Administrator described in article 6.1 hereof.

Community Services: the services provided to the Community described in article 6.2 hereof.

Services: all of the Administrator and Community Services described in article 6 hereof.

Website: the website presenting the Solution, the Services and the subscription offers accessible from the following URL dev.bubbleyou.com

The purpose of these General Terms of Use is to set the conditions of use of the Solution and the Services and to define the rights and obligations of BubbleYou and the Administrator.

They are supplemented by the Subscription Form and the General Terms of Subscription expressing the entire agreement of the Parties, cancelling and replacing any previous agreement, letter, offer or other written or oral document with the same purpose.

• Prior to any access to the Solution and the Services, the Administrator is required to have read and understood the General Terms of Use, that can be accessed and printed at the bottom of the Website homepage.
• The General Terms of Use are accepted by ticking the box provided for this purpose on the Subscription summary page and may, if necessary, be requested again the first time the account is accessed, if this is done by the Administrator. Ticking this box will have the same effect as a handwritten signature by the Administrator. By ticking this box, the Administrator undertakes to use the Solution and the Services in accordance with the GTUs. If the Administrator does not accept these general terms of use, they will be unable to use the Solution and the Services.

• Technical prerequisites. The Administrator must have a broadband Internet connection to connect to the Solution and use the Services. The Administrator acknowledges that they are aware that the Solution works in SaaS mode on the updated versions of the following browsers Google Chrome. In this respect BubbleYou does not guarantee the proper performance of the Solution and Services on another browser.
• Account creation. The Administrator’s access to the Solution and Services is subject to the creation of an Account, which is automatically created when the subscription is validated by the Administrator. Once their Account has been created, the Administrator must choose their User ID that they will use to login to their Account and use the Services. The Administrator may also specify one or more Administrators who will be in charge of managing their Account under their responsibility.
• Connection to the Solution. Connection to the Solution is done remotely from the domain bubbleyou.com, using their User ID. The Administrator is required to ensure the security of access to the Solution and therefore a certain level of confidentiality and integrity with regard to their User ID for which they are responsible, and undertakes to implement a unique, personal, and strong password that is to be kept strictly confidential. The Administrator acknowledges that BubbleYou cannot be held liable for any fraudulent access to their Account and Personal Space due to a defect or security breach resulting from any imprudence, error or omission by the Administrator. In such a case, the Administrator is obliged to contact BubbleYou immediately at the address mentioned in article 13.1 hereof if they notice that their Account has been used without their knowledge. They acknowledge BubbleYou ‘s right to take all appropriate measures in such a case.

The Administrator has access to the Solution and to the Administrator Services under the terms of their Subscription including:

• The Community Moderation Service allowing them to create a collaborative community network and to supervise their activity. The Administrator can invite Members to join their Community; manage their access to the Community Services and, if necessary, exclude them temporarily or permanently, and moderate their Publications posted in the BubbleYou and, more generally, in the Community spaces.

• The BubbleYou administration service enabling them, in particular, to create and set up private or public discussion groups, to invite, place and, as the case may be, to exclude Members in or from these groups, to manage the discussion threads of these groups, to share Members’ Publications in these groups, to define their visibility and, if necessary, to suspend or permanently delete these Publications.

• The Technical Support Service enabling them to use the functionalities available to them on the Solution to create, manage and moderate their Community and their Bubbles and to contact, if necessary, the BubbleYou teams by means of a chat or via a support form to assist them in resolving a technical problem.

• The Statistics Service allowing them to measure the visits and activity of the Community Members and to receive activity reports.

In addition, the Administrator and its Community Members have access to Community Services, including: 

• The Networking Service enabling them to create a profile page that can be viewed by Community Members, to be put in contact with other Members and to interact with them in the Community spaces, through online chat or videoconferencing, and to react to their Publications.

• the Sharing Service allowing them to send messages to other Members, to publish and share with Members through their profile, their Publications in the form of articles, ideas, links to news articles or simple messages to other Members.

• The Scheduling Service allowing them to access the appointment and event organisation functionalities by clicking on a time slot in the calendar made available through the Solution, to organise meetings by selecting a time in the calendar and the Members or external guests to invite and to display the appointments, meetings and events created or to which they are invited.

• The Community Members Directory enabling them notably to consult the Community Members and to find a Community Member by filtering by an area of expertise, a keyword or a hobby, and to then have access to their profile information and their dedicated page.

• The Community Database notably enabling them to consult the articles, news, and ideas published by the Members and to search for an article, a news item or an idea using the status, date of publication or tag filters, etc.

• Access to the Solution and Services. The Administrator undertakes, on their own behalf and on behalf of their Members, to access the Solution in accordance with these general terms of use. They also guarantee, on their behalf and that of their Members, that all appropriate measures to protect their User ID and computer equipment, in particular against any form of intrusion and/or contamination by viruses have been put in place. In this respect, BubbleYou shall not be held liable for any intrusion, malfunction or damage to the Administrator’s or Members’ equipment resulting from a fault, carelessness or negligence by the Administrator or the Member, from the unforeseeable and insurmountable actions of a third party or from an event of force majeure. The Administrator guarantees, on behalf of themself and their Members, that the profile information is accurate, up-to-date and complete and acknowledges that if any of this information proves to be false, incomplete, obsolete, misleading or offensive, BubbleYou reserves the right, without any notification or compensation, to suspend or close their Account or that of the Member and to refuse them access to all or part of the Services.
• Use of the Solution and the Services. The Administrator undertakes, on their own behalf and on behalf of their Members, to use the Solution and the Services in accordance with these terms and conditions and for the purpose for which they are intended. They acknowledge that any errors made while using the Solution and the Services, affecting their operation, will be their responsibility. They shall refrain , on their own behalf and that of their Members, from any behaviour likely to interrupt, suspend, slow down or prevent the proper functioning of the Solution and the Services, any intrusions or attempted intrusions into BubbleYou ‘s systems, any misappropriation of the Solution’s system resources, any actions likely to impose a disproportionate burden on BubbleYou ‘s infrastructures, any infringement of security and authentication measures, and more generally any acts likely to infringe BubbleYou ‘s rights and interests. Moreover, they undertake, on their own behalf and on behalf of their Members, to use the Solution and the Services in accordance with the laws and regulations in force, and not to infringe the rights of third parties or public order.
• 6.3. Administration of the Community. The Administrator acknowledges that they are responsible for the management of their Community vis-à-vis BubbleYou , the Members and third parties. The Administrator guarantees the acceptance and compliance by its Community Members with the terms of the Community Policy. They acknowledge that BubbleYou has no contractual or commercial relationship with the Members of its Community and that the Solution and the Services are provided to Members on the authorisation and under the responsibility of the Administrator. The Administrator undertakes to ensure that the Members of their Community do not create inactive accounts and, in such a case, to delete them without delay.
• Sharing of publications. The Publications or any other content shared with the Members of the Community are the responsibility of their author. The Administrator therefore assumes full responsibility for their Publications and the consequences of sharing them with Community Members. In this respect, the Administrator undertakes to comply with the rules provided for in the Community Policy applicable to all Community Members. In addition, the Administrator is responsible for guaranteeing the compliance of its Community Members with the rules for sharing Publications in the Community Policy. In case of the discovery of an obviously unlawful Publication, the Administrator will take the necessary steps to remove this Publication without BubbleYou being held liable. If such a Publication is made by the Administrator themself or their Administrator, and brought to BubbleYou ‘s attention, BubbleYou reserves the right to take the appropriate measures.
• Indemnification. The Administrator guarantees BubbleYou against any complaints, claims, actions and/or demands that BubbleYou may receive as a result of the Administrator’s or any of its Members’ breach of any of its obligations or guarantees hereunder or under the Community Policy. The Administrator undertakes to compensate BubbleYou for any damage it may suffer, and to pay all costs, charges and/or fines it may have to bear as a result. 

• Provision of the Solution and the Services. BubbleYou provides the Solution and the Services on an “as is” basis, according to a standard functioning, with no guarantee that it will meet the specific needs of an Administrator or its Members or that the Solution will be compatible with the Administrator’s or its Members’ computer equipment. However, the Administrator may modify the default settings of the Solution to suit their needs or the needs of their Community. Neither does BubbleYou guarantee the proper use of the Solution and the Services by the Administrator or the Members, who may not seek to incur BubbleYou ‘s liability in the event of faulty use, carelessness or negligence on their part whilst using the Solution and the Services.
• Availability and performance of the Solution and Services. BubbleYou uses all reasonable means at its disposal to ensure quality access to the Solution and the Services. BubbleYou carries out regular checks to verify the accessibility and correct functioning of the Solution and the Services. However, BubbleYou reserves the right to temporarily interrupt access to the Solution and the Services for the maintenance and/or improvement of the Solution and the Services, without this interruption giving rise to any obligation or compensation for the Administrator or its Members. BubbleYou shall not be held liable for any malfunctioning of the network and/or the Administrator’s servers, or those of their Members, having an impact on their access to the Solution and the Services, any difficulties or temporary impossibility of accessing the Solution and Services due to circumstances beyond its control, the fault of the Administrator or the Member, an event of force majeure, or due to disruptions in the telecommunications networks or to its computer equipment.
• BubbleYou will also make its best efforts to ensure the security of the Solution and the Services and to improve their performance. However, the Solution may occasionally present errors and/or bugs that may cause the Services to malfunction and for which BubbleYou cannot be held responsible in any case because of the adequate precautions put in place.
• Assistance. BubbleYou provides the Administrator with technical assistance for the administration of their Community and the moderation of Bubbles by means of the System’s functionalities that are available to the Administrator and, on their request, via online assistance from the BubbleYou teams. This assistance is purely technical, with BubbleYou  exercising no control over or surveillance of the Community Members or their use of the Solution and the Services. It is the Administrator’s responsibility to protect their Community from any harmful behaviour by its Members. Therefore, in the event of a Publication or the behaviour of a Member that is contrary to the Community Policy, the Administrator will take appropriate measures for example offering assistance, removing the content, blocking access to certain features, deactivating the account or contacting the legal authorities. Measures to remove or block a Publication or a Member’s account shall be taken by the Administrator using the features of the Solution. The Administrator shall then be personally responsible for any complaints that the Member may have on the Community spaces. As a software solution provider, BubbleYou has no rights over the administration of the communities, in particular over the management of Member accesses or their Publications which are under the authority and the responsibility of the Administrator.
• Confidentiality. BubbleYou undertakes to make its best efforts to maintain the confidentiality of the Publications, Data and Personal Data of the Administrator and the Members published on the Community spaces, by putting in place the appropriate technical and organisational security and archiving measures. However, BubbleYou shall not be liable for any accidental destruction, loss, disclosure caused by the Administrator, a Member or an event of force majeure, nor for the destruction, downloading or consultation thereof by a third party having accessed the Solution using the Administrator’s or a Member’s User ID. BubbleYou cannot be held liable for the choice of confidentiality settings made by the Administrator.

If BubbleYou ‘s liability is incurred following a breach of one of its obligations under the GTU, compensation will only apply to direct, material, personal and certain damages, to the express exclusion of compensation for all indirect and immaterial damages and/or prejudices, such as financial and commercial prejudices, operating loss, loss of turnover, or a loss of data.

Such compensation shall, in any event, be limited to the amount of the Subscription.

The General Terms of Use are applicable as from their acceptance by the Administrator and until the termination of the Subscription, with it being specified that the Subscription termination conditions are specified in the General Terms of Subscription in Article 9.

• Ownership. The systems, software, structures, infrastructures, databases and content of any kind, operated by BubbleYou on the Solution, are protected by all intellectual property rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without BubbleYou ’s authorisation, is strictly forbidden and may be subject to legal proceedings
• License of use. BubbleYou grants the Administrator a non-exclusive, personal and non-transferable global license to use the Solution and Services, in its version existing on the date hereof and in any future versions, for the duration of the use of the Solution and Services. This license is granted solely for the use of the Solution and the Services by the Administrator, its Administrators and Members under its direction and responsibility.
• The Administrator undertakes not to reproduce, arrange or adapt all or part of the Solution and Services, proceed with any form of commercial exploitation of the Solution and Services with third parties, assign, provide, lend the Solution and Services, grant sub-licenses or other rights of use to a third party, other than Members and Administrators or create any derivative work of all or part of the Solution.
• The provisions of this article shall continue to apply after the termination of the Subscription.

• BubbleYou collects and processes the Administrator’s Personal Data within the framework of their use of the Solution and the Services, the processing of which is subject to compliance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and of law no. 78-17 of 6 January 1978, as amended by the law of 6 August 2004, and then by the law of 20 June 2018, relating to information technology, data files and civil freedoms and any other French or European regulations applicable in this regard (the “Applicable Legislation on the Protection of Personal Data“), and governed by BubbleYou ’s Personal Data Protection Policy.
• BubbleYou is also required to process the Personal Data of the Administrator’s Community Members that will be transmitted on the Solution. In this capacity, the Administrator acts as a Data Controller within the meaning of the Applicable Legislation on Personal Data Protection and BubbleYou acts as a Data Processor in charge of providing the Solution and the Services in accordance with the Data Processing Agreement.

The Solution may contain links to other websites, content or applications that

BubbleYou does not control nor endorse the content of this site in any way and nor the use that may be made of it. BubbleYou cannot be held liable for the content of any of these third-party websites, content or applications to which the Administrator may have had access by means of these links.

• Election of domicile. BubbleYou has elected domicile at the following address: BubbleYou 2-4, rue Maurice Hartmann 92130 Issy-les-Moulineaux, and the Administrator at the billing address provided when the Subscription was taken out.
• Autonomy of provisions. If any provision of the General Terms of Use or any part thereof is invalid with regard to an applicable law or regulation, it shall be deemed unwritten, without this invalidating the entire General Terms of Use.
• Agreement on proof. The emails, and SMS messages exchanged between them or the notifications on the Solution will be deemed authentic between the Parties until proven otherwise.
• Modifications. BubbleYou reserves the right to freely and at its own discretion develop the Solution and the Services, in particular for legal or technological reasons, in order to create new functionalities or new services or to improve them. Such changes requiring the GTU to be updates will be indicated by any useful means and in particular by the publication of a notice of the update and the date thereof in the GTU and binding on the Administrator without prior notice as of its production and the updating of the GTS, except in the event that such modifications would result in a change in pricing, for which the procedure provided for in article 7.2 of the GTS will be applicable.

The General Terms of Use are subject to French law.

The Parties agree to make their best efforts to find an amicable solution to any disputes that may arise from the interpretation, performance and/or validity of these General Terms of Use.

Failing this, any dispute pertaining to the validity, performance or interpretation of these General Terms of Use will be submitted to the exclusive authority of the courts within the jurisdiction of the Caen Court of Appeal, to which jurisdiction is expressly granted, even in the event of interim proceedings or multiple defendants.