MPB SOFT SAS, a french company with a capital of 1000 euros, registered in the Poitiers Trade and Companies Register under number 819 065 772 having its registered office 2 bis rue de l'ancienne comédie France (« Mpb sOFT » ou « we ») is the publisher of my-personal-business.com (« Solution »).


1 - Purpose

These Terms of Use are defining the conditions under which you may use the Solution. By opening an account on app.my-personal-business.com (« Site ») and by using the Solution you agree without restriction to be bound by these Terms of Use.
These Terms of Use may be updated or modified at any time without prior notice. You are advised to review them regularly.


2 - Account and access code

In order to have access to the Solution you shall create an account with an associated username and password.

These username and password are confidential, non-assignable and shall not be shared or disclosed to a third party. You can modify them in your account.

MPB SOFT shall not be held liable to you or to a third party for any direct, indirect or consequential damages suffered by you or a third party arising out a fraudulent access to your account or a disclosure of your login.

You hereby represent and warrant that all information you submit are truthful and accurate and that you will maintain the accuracy of such information and modify it in your account, as the case may be, and if needed.


3 - Hosting and accessibility of the Solution

The Solution and your data are stored on MPB SOFT’s or its providers’ servers.
Provider: OVH, 2 rue Kellermann –BP 80157 59053 ROUBAIS CEDEX 1, France.
A french company with a capital of 10 059 500 €, registered in the Companies Register of LILLE Métropole under the number 424 761 419 00045, code APE 2620Z.
N° TVA FR FR22424761419, tel :+33 972 101 007


MPB SOFT reserves itself the right to migrate, at any time, the Solution and your data to other servers to ensure the best possible quality of service.

MPB SOFT shall use its best efforts to secure the access and the use of the Solution in accordance with the internet usage rules. The Site is accessible 24 hours a day, seven days a week except in case of force majeure or occurrence of an event beyond the control of MPB SOFT and notwithstanding breakdowns that may occur or maintenance interventions required to ensure the proper functioning of the Site. Maintenance interventions may take place without your prior notice.

You declare that you are entirely familiar with the features and constraints of Internet and, in particular, you are aware that it is not possible to warrant that the transmission of data and information over Internet will be fully and permanently secure and reliable. MPB SOFT does not warrant that the Solution will be accessible at all times and will be uninterrupted or error free.

Similarly, MPB SOFT is not liable for a dysfunction, inability to access to the Solution or adverse conditions of use of the Solution for reasons beyond its control, such as but not limited to traffic congestion on internet network, inappropriate equipment of the user or default of your internet provider.


4 - Intellectual Property

MPB SOFT grants to you a non-exclusive, non-assignable right to use the Solution worldwide exclusively for your own professional needs.

Yous shall not (i) reverse engineer, create derivative products based on the Solution (ii) use the Solution except as authorized by MPB SOFT (iii) make the Solution directly or indirectly available to any third party by any means such as rent, lease, or sublicense (iv) represent, distribute or market the Solution for free or for valuable consideration.

MPB SOFT is and remain the sole owner of the intellectual property rights in the Solution.

The rights to use the Solution granted to you by MPB SOFT does not confer to you any title in the Solution.


5 - Right of withdrawal

The Solution being used for business purposes you will not be entitled to exercise a right of withdrawal as set forth in the legislation applicable in some countries for the consumer protection.


6 - Prices and payment conditions

Prices
All prices are expressed in euros and US dollars, exclusive of any taxes.
MPB SOFT reserves its right to modify the prices at any time
The invoiced amount is always based on the price list in force at the time of your order and will take into account the subscription term that you will select. Such amount will be payable in advance.

Payment
The payment is made by credit card.
The price shall be paid automatically by credit card in accordance with the payment procedure as described during the ordering process.


7 - Warranty

MPB SOFT warrants that the Solution shall substantially operate in accordance with the specifications as described in the documentation, if used with the appropriate configuration.
MPB SOFT does not warrant that the operation of the Solution will be error free and that all defects will be detected or corrected. MPB SOFT does not warrant that the Solution will fit with a particular purpose of the user
To the maximum extent permitted by applicable law, the foregoing statements of warranty are exclusive and in lieu of all other implied or express warranties


8 - Support and assistance

MPB SOFT will provide, for no additionnal fee, the following support services
- the regular supply of corrections and updates
- the answers to your questions, defects reports and supply of workarounds by email at contact@my-personal-business.com or via the FAQ available at the Site.


9 - Ownership and security of your data

All data and information processed during the use of the Solution remain your exclusive property. MPB SOFT shall not disclose such data to any third party except is required to be disclosed by a court or judicial or governmental authority of competent jurisdiction. MPB SOFT will use any technical means reasonably possible to ensure the security of your data including to protect them against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access, any form of unlawful processing or disclosure to unauthorized persons.


10 - Personal data and Privacy

MPB SOFT respects the privacy of its users and customers and comply strictly with all applicable laws on privacy and civil liberties protection.

You acknowledge and accept that MPB SOFT, to the extent necessary to the proper functioning of our services or for statistical purposes, will collect and process certain personal information about you or non-personally identifiable connection information.
In accordance with the Act n°78-17 of 6 January on Information Technology, Data Files and Civil Liberties the processing of personal data by the Site has been subject to a simplified notification NS048 to the French Data Protection Authority ”Commission Nationale pour l'Informatique et les Libertés - CNIL” registered under n°1989742.

You have the right to access, modify, correct or delete the information that you provide to us by sending to us an email at contact@my-personal-business.com. MPB SOFT reserves the right to inform you by email about the modification of its services or commercial offers.

As the collector and the owner of its datas, the subscriber is subject to a free and simplified notification to the French Data Protection Authority www.cnil.fr. The contractor shall be solely responsible for the nature and the content of its datas. MPB SOFT shall not be liable for any datas, whatever it is, collected by its users.
Even, if you have accepted to receive from MPB SOFT or its partners promotional messages you may withdraw your consent to receive such promotional messages at any time, when creating your account or taking out your subscription or thereafter at any time by accessing to your account.


11 - Editor ADministration : Rights to Cancel

MPB SOFT has the right to suspend or disable any connection or any account considered doubtful by itself. This consideration is at the sole discretion of the publisher.
The holder if needed will be refunded.


12 - Limited liability

It is expressly agreed that MPB SOFT is subject to a best-endeavours obligation. Consequently MPB SOFT shall only be liable for a default evidenced by you.

The operation of the Product is under your sole liability, management and control.

Any use of the results obtained through the operation of the Solution shall be under your sole control and liability. You shall check the accuracy and the consistency of the results obtained by any use of the Solution.

MPB SOFT is not responsible for the content of the information collected, processed and displayed in connection with the use of the Solution.

MPB SOFT will not be liable in the event that any third party claims or asserts that information hosted or collected in connection with the use of the Solution violate applicable law and regulations. You will hold harmless, defend and indemnify MPB SOFT from and against any and all such claims or a third party.

In case of display of unlawful content that might incur criminal or civil liability or infringe rights of a third party, MPB SOFT reserves the right to suspend or interrupt your access to the Solution without prior notice without prejudice to the award of damages that MPB SOFT may claim.

OTHER THAN FOR CLAIMS OR LOSSES ARISING OUT YOUR BREACH OF THE CONFIDENTIALITY AND YOUR INFRINGEMENT OF MPB SOFT’S INTELLECTUAL PROPERTY RIGHTS IN NO EVENT, WILL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT DAMAGES SUCH AS (A) DAMAGES FOR LOSS OF PROFITS OR REVENUE, (B) BUSINESS INTERRUPTION, LOSS OF USE OR UNAVAILABILITY OF FACILITIES (C) LOSS OF CUSTOMERS; OR (D) INDEMNITY IN RESPECT OF ANY CLAIMS AGAINST CLIENT.

Notwithstanding the foregoing, it is expressly agreed that MPB SOFT’s liability, in case of an evidenced default, will not exceed the aggregate of all amounts paid by you during the twelve (12) months preceding your claim.


13 - Term - Termination

You will select the subscription term when you will place your order. Upon expiration of the first term you may renew your subscription for an identical or a different term.
As of August 20, 2016, by default, the subscription is automatically renewed automatically at maturity for a further similar period unless contrary action on your part.

If you fails to perform any material obligation contained in these Terms of Use and such failure remains unresolved for fifteen (15) days after written notice MPB SOFT may terminate the contract immediately.

The amount paid will not be totally or partially reimbursed in case of earlier termination foy whatever cause.

Upon expiration of the term for whatever reason, you will no longer have access to the Solution. For the return of your data, you shall activate the function Export before the expiration of the subscription period. Failing this the cost of the return of data will be invoices by MPB SOFT.


14 - Miscellaneous

Force majeure.
MPB SOFT shall not be liable for a failure to fulfill its obligations insofar as any such failure arises by reason of force majeure.
A force majeure event shall mean an event beyond the reasonable control of any party, unforeseeable, uncontrollable and independent such as but not limited to natural disaster, labour related difficulties, strikes, riot, embargo, war lock out.

Modifications
These Terms of Use may be updated or modified at any time without prior notice. For this reason, we recommend you to review them regularly.

Entire agreement
These Terms of Use represent the entire agreement between you and MPB SOFT.


15 - Applicable law - Jurisdiction

These Terms of Use shall be in all respects governed by and construed in accordance with the laws of France.
ANY LITIGATION ARISING OUT OF THE INTERPRETATION AND/OR EXECUTION OF THESE GENERAL CONDITIONS SHALL BE FINALLY SETTLED BY THE COMMERCIAL COURT OF POITIERS NOTWITHSTANDING THE CASE OF PLURALITY OF DEFENDANTS OR EMERGENCY OF PROTECTIVE PROCEEDINGS.