GENERAL TERMS OF USE & PRIVACY POLICY OF THE “OFFROADLABS” WEBSITE
by STIMSYSTEM

RECITALS

The STIMSYSTEM Company provides guidance and expertise to professionals in the area of information technology systems and software.

In this context, STIMSYSTEM wanted to make the “offroadLabs” Website available to professionals so that they may, in particular, get a WordPress theme – i.e. a ready-to-use website with unified structure and graphic interface that the User can fill and customize through the WordPress content management system.

 

ARTICLE 1 – PURPOSE AND SCOPE

The purpose of these General Terms of Use (hereafter the “Terms of Use”) is to set out the conditions in which STIMSYSTEM makes the Website available to the Users, as well as the parties’ reciprocal duties as part of the use of the Service.

Accordingly, the User unconditionally accepts these Terms of Use in their entirety before using the Service. These Terms of Use can be accessed on any page of the Website.

By merely browsing the Website or using the Service – even before placing any order – the User automatically accepts these Terms of Use.

 

ARTICLE 2 – DEFINITIONS

The following words and expressions used in these Terms of Use with initial capital letters – whether in the singular or in the plural – have the meanings stated below:

“General Terms of Sale” (hereafter the “Terms of Sale”): a mandatory contract concluded between STIMSYSTEM and the User relating to a subscription to the “offroad” WordPress theme.

“Website”: a secure website belonging to STIMSYSTEM that Users can access at the URL “offroadlabs.io” to access the Service under the terms and conditions set out in these Terms of Use.

“Provision”: the provision of articles published online and of subscriptions to the “offroad” WordPress theme, both provided by STIMSYSTEM to the User through the Service offered on the Website, under the terms and conditions set out in Article 5 of these Terms of Use and governed by the Terms of Sale concerning the Provision of charged services.

“Service”: a service connecting STIMSYSTEM and the User, provided through the Website under the terms set out in Article 5 of these Terms of Use.

“Secure Payment Solution”: all payment tools made available on the Website through the PayPal payment service, published by PayPal (Europe) S.a.r.l. & Cie, S.C.A., that allow the User to pay for the Provision according to the conditions set out in Paypal’s General Terms.

“User”: any professional browsing the Website.

 

ARTICLE 3 – LEGAL NOTICES

The offroadlabs.io website is published by:

STIMSYSTEM

One-person limited liability company (Société À Responsabilité Limitée Unipersonnelle) with capital of €2,000 registered with the Aix-en-Provence Trade and Companies Register under no. B 789 985 579

Intra-community VAT number: FR78789985579

Registered office:

145 AVENUE DE PEROUSE

13090 AIX-EN-PROVENCE, FRANCE

Phone number: +33 (0) 616 816 865

Email address: contact@offroadlabs.io

Director of publication: Sébastien TIMONER

N° de déclaration CNIL : 2065755

The website is hosted by: Digital Ocean, Inc.

101 Avenue of the Americas 10th Floor

New York, NY 10013, USA

 

ARTICLE 4 – ACCESS TO THE SERVICE

Any User may freely browse the Website. However, to take out a subscription to the “offroad” WordPress theme as defined in Article 5.2 of these Terms of Use, the User shall register to the Service.

4.1 General Prerequisites

To access the Service, the User agrees that they shall:

  • Activate JavaScript,
  • Enable cookie collection in their web browser options, under the terms set out in Article 11 of these Terms of Use,
  • Have a minimum active Internet connection with a sufficient level,
  • Have a recent, up-to-date operating system, and
  • Subscribe to the Service exclusively as a professional, use the Service for their own professional business needs, and act through a legal representative or duly authorized agent.

Should the User not comply with the prerequisites, the User acknowledges that they may not be able to use all or part of the Service.

In the event of a false statement – in particular, regarding their being a professional – the User acknowledges that STIMSYSTEM may refuse to grant them access to the Service, without prejudice to any civil or penal sanctions that the User may incur in this respect.

4.2 Prerequisites for Using the Secure Payment Solution

To pay for the online Provision as defined in Article 5.2 of these Terms of Use, except as otherwise expressly accepted by STIMSYSTEM, the User may only use the Secure Payment Solution offered by the Website. To this end, the User acknowledges and agrees that they shall accept beforehand the General Terms of the publisher of the Secure Payment Solution (PayPal), which set prerequisites for payment.

Should the User not comply with the General Terms of the publisher of the Secure Payment Solution, the User acknowledges and agrees that they may not be able to order the Provision or that the Provision ordered may be automatically canceled, without the User receiving any compensation whatsoever.

 

ARTICLE 5 – DESCRIPTION OF THE SERVICE

The Website offers two types of service Provisions:

5.1 Online Publication of Articles

Articles written by STIMSYSTEM are published on the Website and the User may freely read them. The articles can be accessed directly on the Website’s homepage.

The articles may be read free of charge.

According to the provisions of Article 8.2 of these Terms of Use, the User acknowledges and agrees that STIMSYSTEM is under no obligation concerning the publication frequency or writing quality of the articles.

The User may comment on the articles by clicking “…”, filling out the comment input field – which may not exceed … characters – and clicking “…”.

The User acknowledges and agrees that STIMSYSTEM may moderate every comment prior to publication, without being bound by any deadline. STIMSYSTEM may accept or reject a comment at its discretion. The User acknowledges and agrees that STIMSYSTEM may reject a comment without explaining why. STIMSYSTEM also reserves the right to delete any previously published comment without notice or explanation.

5.2 Subscription to the “offroad” WordPress Theme

The User may obtain the right to use the “offroad” WordPress theme by taking out a subscription according to the price and payment terms set out in Article 6 of these Terms of Use and in the Website’s Terms of Sale.

5.2.1 Registration

To take out a subscription to the “offroad” WordPress theme, the User shall register. To this end, the User may click “Try offroad” on any page of the Website or “Registration” in the menu bar.

The User will then be redirected to a page summarizing the subscription packages. They shall choose the package to which they want to subscribe by clicking “Sign Up” under the corresponding package.

The User will then be redirected to a registration form where they shall provide:

  • A username,
  • An email address,
  • Their first name,
  • Their last name,
  • Their chosen password,
  • The same password, a second time, and
  • The country from which they are registering.

The User shall also confirm, by checking the corresponding boxes, that:

  • They are a professional, and
  • They agree to these Terms of Use and the Website’s Terms of Sale.

The User shall confirm their registration by clicking “Register”, after which they will receive a welcome email informing them that their account will be activated once the service Provision has been paid for.

5.2.2 Payment

After confirming their registration, the User will be redirected to the website of the Secure Payment Solution, where they may pay according to the terms set out by the publisher of the PayPal Secure Payment Solution. Should the User not have a PayPal account, they shall create one according to the terms set out by the publisher of the PayPal Secure Payment Solution.

The User acknowledges that, except for a payment confirmation, the publisher of the Secure Payment Solution does not share any information with STIMSYSTEM.

After paying on the website of the Secure Payment Solution, the User will be redirected to a page where they may log in to access the “My Account” menu of their personal area. At the same time, they will receive an email confirming payment.

Should the payment fail, the User will be redirected to a page of the PayPal website confirming that the operation has failed and that their account was not debited.

5.2.3 Logging In

On the page where they may log in to access their personal area, the User shall fill in the username and password chosen during their registration and click “Log in”.

5.2.4 Browsing the Personal Area

Once logged in to their personal area, the User has access to several menus and may freely browse them:

  • “Home”: the User may access the Website’s homepage.
  • “My Account”: the User may access the “offroad” WordPress theme and their license number – as well as various information about their account – through the following sub-menu:
    • “Overview”: the User may download the “offroad” WordPress theme by clicking the corresponding link and may view their license number.
    • “Profile”: the User may fill out their profile – in particular, to receive an invoice – by providing their address, postal code, city, phone number, intra-community VAT number and SIRET number.
    • “Subscription”: the User may access information about their chosen subscription package and may choose a different one.
    • “Orders”: the User may access the orders summary and download invoices.
    • “Sponsorship”: the User may access to the sponsorship program.
    • “Help”: the User may read the answers to Frequently Asked Questions (FAQ) about the use of the Website.
    • “Log Out”: the User may log out of their personal area.
  • “Documentation”: the User may access the online documentation, the answers to Frequently Asked Questions (FAQ), and video tutorials.
  • “Support”: the User may access technical support.

 

5.2.5 Technical Support

A user logged in to their client account may access the offroadLabs technical support by clicking “Support” in the menu bar. From this interface, the user may:

  • Check the status of tickets they have submitted (Tickets),
  • Create a support ticket to:
    • Report an incident, a bug or an issue, or
    • Request that a new function be added,
  • Access the knowledge base (FAQ) at their disposal, or
  • Access a dashboard displaying the number of open, pending and closed tickets.

5.2.5 Sponsorship Program

The user can be part of the Offroadlabs sponsorship program. It provides him free months of subscription by sponsoring offroadlabs to his contacts.

One new user subscription with the sponsorship code means:

  • 1 free subscription month for the new user
  • 1 free subscription month for the sponsor (with no limitation for the number of new users)

The user can get his sponsorship link within his offraodlabs account. The user has to login. He goes to the sponsorship part and copy the sponsorship link.

With this link, the new user can start the 14 days trial and when he confirm the subscription, he will get the free month for him and his sponsor.

Without this sponsorship link, there will be no way to benefit of the free month.

ARTICLE 6 – PRICE AND PAYMENT TERMS

The articles published online are provided free of charge.

The price and payment terms for a subscription to the “offroad” WordPress theme are subject to the Terms of Sale, which the User shall accept when placing an order.

Depending on the options chosen, as described in Articles 2 and 3 of the Terms of Sale, a subscription to the “offroad” WordPress theme will cost:

  • Free during a period of 14 days with the Trial offer
  • 7 DOLLARS exclusive of VAT (7$ excl. VAT) for one (1) month,

Subscriptions will be renewed automatically; to cancel a subscription, the User may log in to their Offroadlabs.io account and go to the “Subscription” section.

12 months commitment the first year, then cancel authorization at any moment.

Subscriptions will be renewed automatically; to cancel a subscription, the User may log in to their Offroadlabs.io account and go to the “Subscription” section.

In this section, the User may view all their subscriptions and may click “delete” to cancel a subscription. A cancelled subscription will remain active until the end of the initial subscription period. This action needs to be performed before the anniversary of the order.

Except as otherwise expressly accepted by STIMSYSTEM, and according to the provisions of Article 4.2 of these Terms of Use, the User may only pay for the Provision through the Secure Payment Solution (PayPal). The User acknowledges that, by accepting the General Terms of the publisher of the Secure Payment Solution, they are contractually bound with PayPal. The User acknowledges and agrees that STIMSYSTEM is not a party to the General Terms of the publisher of the Secure Payment Solution and that the said General Terms only apply to the User.

 

ARTICLE 7 – ABSENCE OF RIGHT OF WITHDRAWAL

As previously stated, only a professional may subscribe to the Service.

The User acknowledges that, as a professional, they may not invoke the provisions of the French Consumer Code – in particular, the provisions relating to consumers’ right of withdrawal.

The User waives any right of withdrawal.

Likewise, should, under Article L 221-3 of the French Consumer Code:

  • These Terms of Use not fall under the User’s main business area, and
  • The User employ five (5) or fewer people,

the User acknowledges that, according to Article L 221-28 of the French Consumer Code, by subscribing to the Service:

  • The service Provisions entrusted by the User to STIMSYSTEM through the Website will start sooner than the legal withdrawal period of fourteen (14) days from the day payment is received, and
  • At the time the order is confirmed, the User expressly waives their right of withdrawal.

Therefore, the User expressly acknowledges and agrees that they do not have any right of withdrawal, regardless of their business area and number of employees.

 

ARTICLE 8 – LIABILITY

8.1 Liability of the User

The User guarantees that they are acting as a professional.

The User guarantees that the personal information provided to the Website is accurate and up to date.

The User acknowledges that, in the event of identity theft, they may be liable to civil and criminal prosecution.

The User undertakes not to send to the Website any file that might damage it.

The User undertakes, in comments sent within the framework of the service Provision as described in Article 5.1 of these Terms of Use, to comply with customary rules of politeness and courtesy.

According to French law, the User acknowledges that no abusive, libelous, xenophobic comment, nor any comment advocating hatred or violence against anyone on account of their origin, their belonging or not belonging to any given ethnicity, nation, race or religion, their gender, sexual orientation or identity, or their disability, will be tolerated on the Website. Any User contravening the provisions in this paragraph may be liable to civil and criminal sanctions.

The User acknowledges, understands and agrees that, in the event of any failure to comply with these Terms of Use, as well as any breach or suspected breach, the Service will cease immediately and without notice.

8.2 Liability of STIMSYSTEM

Concerning the online publication of articles as described in Article 5.1 of these Terms of Use, since this service is provided for free, the User acknowledges and agrees that STIMSYSTEM may not be liable for the writing quality and publication frequency of the articles.

The articles published on the Website may contain links to other websites. The User acknowledges and agrees that STIMSYSTEM only controls the content of the Website that is the subject of these Terms of Use and that, since the Internet is constantly evolving, STIMSYSTEM may under no circumstances be liable for the content of any websites to which the articles may link.

Concerning the subscription to the “offroad” WordPress theme as defined in Article

5.2 of these Terms of Use:

Should the User notice any failure, they shall first contact technical support under the terms set out in Article 5.2.5 of these Terms of Use. STIMSYSTEM undertakes to provide an answer and a solution as soon as possible.

“Should the failure noticed by the User last two (2) or more days worked, be attributable to STIMSYSTEM and not fall under the scope of Article 12 of these Terms of Use, the User shall be refunded pro rata temporis no more than twelve (12) monthly payments per year – provided that, according to the terms of the subscription, their access to technical support has not expired.

In the event of any damage attributable to STIMSYSTEM outside the scope of Article 12 and without prejudice to the provisions of Article 13 of these Terms of Use, the User acknowledges and agrees that STIMSYSTEM may only be liable for the amounts paid by the User for the yearly subscription period during which the incident occurred.”

Should the User blame STIMSYSTEM for any failure or damage, the User shall prove the failure or damage through any means.

 

ARTICLE 9 – INTELLECTUAL PROPERTY

This article applies without prejudice to the rules set out by WordPress.

All the components that make up the Website belong to STIMSYSTEM.

These Terms of Use do not grant the User any property right over the components that make up the Website made available to them for the purpose of the Service.

None of the components that make up the Website may be displayed, reproduced or modified, in any way whatsoever, on any medium whatsoever, in whole or in part, without STIMSYSTEM’s prior written consent.

In particular, the User acknowledges and agrees that the sole purpose of the illustrations appearing on the demo pages of the Website is to provide the User with examples of use of the “offroad” WordPress theme and that STIMSYSTEM alone holds the licenses to the said theme. In this context, the User agrees that these Terms of Use do not entail any transfer of intellectual property or license in any form whatsoever concerning the said illustrations. Accordingly, the User expressly undertakes not to use the said illustrations.

The User that has taken out a subscription to the “offroad” WordPress theme acknowledges and agrees that they are the sole beneficiary of the license for the said theme.

The User acknowledges that any failure to comply with this article will constitute an infringement punishable under Articles L335-2 and following of the French Intellectual Property Code, and that any offender may be liable to civil and criminal prosecution.

 

ARTICLE 10 – PERSONAL DATA

10.1 Data Collection

For the purpose of providing the Service, STIMSYSTEM collects Users’ personal data.

The data may be shared with any third party that helps provide the Service, such as providers hosting the Website or providing the Secure Payment Solution.

In this context, STIMSYSTEM may also instruct the above-mentioned third parties to collect the following data about the User, without STIMSYSTEM accessing the said data directly:

  • First and last name,
  • Date and place of birth,
  • Address,
  • Intra-community VAT number,
  • SIRET number, RCS number,
  • Email address and website,
  • Landline and cell phone numbers,
  • IP address, and
  • Debit card / payment data.

Save in the cases mentioned above, STIMSYSTEM may only share the personal data upon judicial requisition and strictly in compliance with applicable regulations.

10.2 Users’ Rights

According to French law no. 78-17 of 6 January 1978 (amended), the User has – and may use at any time – the right to:

  • Access the data pertaining to them and have it modified, rectified or deleted,
  • Oppose, for legitimate reasons, the processing of some personal data pertaining to them,
  • Oppose, free of charge, the use of the data pertaining to them for canvassing purposes – including but not limited to business canvassing, and
  • Ask STIMSYSTEM, as the data controller, to:
    • Confirm that personal data pertaining to them is or is not the subject of a file,
    • Provide information about the purposes of the file, the categories of personal data collected, and the recipients with which the data is shared, and
    • Transfer, in an accessible format, the personal data pertaining to them as well as any information available regarding the origin of the said data.

To exercise these rights, the User may send an email at the following address: contact@offroadlabs.io or a letter by mail at the following address: 145 AVENUE DE PEROUSE, 13090 AIX-EN-PROVENCE, FRANCE. For the request to be processed, the User shall attach a copy of a proof of identity.

 

ARTICLE 11 – COOKIES

For the purpose of improving the Service, the User acknowledges that the Website uses cookies.

Cookies are “tracking” files that may be installed in the User’s terminal when visiting the Website.

Since the sole purpose of the cookies is to enable or facilitate electronic communication and cookies are strictly necessary for providing the Service at the User’s request, they do not require the User’s consent.

The User may, at any time, delete the cookies or prevent their collection by changing their web browser parameters. In that case, the User acknowledges and agrees that there is no guarantee that they can use the Service.

 

ARTICLE 12 – FORCE MAJEURE

Neither STIMSYSTEM nor the User may be liable for any damage resulting directly from any force majeure event – as recognized by French case-law – or in the event of any interruption, suspension, decrease or outage of power or telecommunications networks.

After a force majeure event, the defaulting party will promptly notify the other party and do its utmost to minimize the consequences.

 

ARTICLE 13 – CHANGES TO THE TERMS OF USE, SUSPENSION OR FINAL CESSATION OF THE SERVICE, TERMINATION

The User expressly acknowledges and agrees that STIMSYSTEM may, at any time, unilaterally modify these Terms of Use and suspend or stop the Service. The User shall be notified of any change to these Terms of Use and of any suspension or cessation of the Service through any means at STIMSYSTEM’s convenience.

Should STIMSYSTEM modify these Terms of Use, the applicable Terms of Use will be those that were in force at the time the service Provision was ordered.

The User acknowledges and agrees that refusing the changes will entail their immediate forfeiture of the use of the Service.

Should the Service cease permanently, STIMSYSTEM may terminate these Terms of Use by the sole operation of law, without the User receiving any compensation whatsoever.

 

ARTICLE 14 – ASSIGNMENT OF THE TERMS OF USE

The User acknowledges and agrees that STIMSYSTEM may, at any time, freely assign its rights and obligations under these Terms of Use to any third party of its choice, in any form whatsoever. STIMSYSTEM shall notify the User of the assignment through any means at its convenience.

In the event of an assignment, the User acknowledges and agrees that STIMSYSTEM will be immediately and fully released from its obligations.

The User acknowledges and agrees that opposing the assignment will entail their immediate forfeiture of the use of the Service.

Except as otherwise expressly agreed by STIMSYSTEM, the User expressly acknowledges and agrees that they may not assign these Terms of Use to any third party, in any form whatsoever.

 

ARTICLE 15 – DIVISIBILITY

Should any article of these Terms of Use turn out to be invalid or unenforceable by virtue of any law or rule or following any court ruling, the other articles will retain their full force and effect.

 

ARTICLE 16 – WAIVER

Should STIMSYSTEM not exercise one or more rights acquired by virtue of any provisions of these Terms of Use, STIMSYSTEM will not be deemed as having waived all the rights acquired by virtue of the said Terms of Use.

 

ARTICLE 17 – SETTLEMENT OF DISPUTES

Should any dispute arise between the User and STIMSYSTEM, the Parties undertake to attempt to find an amicable solution. Should their attempt fail, the Parties designate the Aix-en-Provence Commercial Court as the competent court.

These Terms of Use are drafted in French. Only the French version may be interpreted.

These Terms of Use are governed by French law.