The website https://apirunrun.com and the application APIRunRun offer Users a service of access to mass data management interfaces and other remote services via API connections.
These General Conditions of Sale and Use have the purpose of defining the terms and conditions under which these services are provided to the User Clients.
Any use of the website https://apirunrun.com and the application APIRunRun entails the unreserved and unrestricted acceptance of these General Conditions of Sale and Use by the User Client.
These General Conditions of Sale and Use prevail over any other document of the User Client, and particularly its conditions of purchase.
The designs, illustrations, photographs, and more generally any representation of our Services on the website https://apirunrun.com or the application APIRunRun have a purely figurative and non-contractual nature.
These General Conditions of Sale and Use are accessible at any time on the website https://apirunrun.com. We reserve the right to amend them at any time. Any use of the Services by the User Client following an amendment to the General Conditions of Sale and Use shall entail unreserved and unrestricted acceptance of the new General Conditions of Sale and Use by the User Client.
In the case of annulment of any of the clauses of these General Conditions of Sale and Use, it shall be deemed unwritten and shall not entail annulment of these General Conditions of Sale and Use in their entirety, save where it has to be considered as substantial and key.
The website https://apirunrun.com and the application APIRunRun are published by MISE EN PROD, SARL [limited liability company] with a share capital of €5,000.00, with its registered office at 8, Evariste Galois, 86130 JAUNAY MARIGNY, registered with the RCS of POITIERS under no. 813 547 700.
The publication director is Mr Vincent MILLET.
The website https://apirunrun.com is hosted by OVH, 2 rue Kellerman, 59100 ROUBAIX – Telephone: 1007
In the context of these General Conditions of Sale and Use, the terms hereunder are defined as follows:
“General Conditions of Sale and Use” or “GCSU”: these General Conditions of Sale and Use.
“Website”: the website https://apirunrun.com
“Application”: the application APIRunRun
“Digital Supports” denotes jointly the website https://apirunrun.com and the application APIRunRun.
“Content”: all information and data accessible on the Digital Supports, notably the general structure, texts, photos, hypertext links and distinctive signs (trademarks, designs and models, etc.).
“Services”: all services provided by MISE EN PROD via the Digital Supports, the use of which is subject to these General Conditions of Sale and Use, and particularly the Service of access to the API interfaces.
“We”, “Us” or “MISE EN PROD”: the company MISE EN PROD.
“You” or the “User Client”: any professional private individual or corporate entity using the Services in any way.
“Access Code”: email address and password communicated by the User Client upon creating its account and enabling access to the Services.
“Remote Services”: applications to which the API interfaces make it possible to log in.
Prior to using the Services, the User Client must ensure it has the necessary technical resources, which are as a minimum: high speed internet access.
We moreover recommend using the Google Chrome browser.
It is incumbent upon the User Client to verify the compatibility of the configuration of its personal hardware (computer, tablet, internet connectivity, firewall, antivirus, WiFi access points, software, etc.) with the Services.
Any use of our Services entails the recognition by the User Client of the conformity of its hardware with the technical requirements.
MISE EN PROD cannot be held liable if the User Client’s personal hardware does not work or is incompatible with the Services. Similarly, no cancellation or termination of the order will be admissible owing to absence of compatibility.
The User Client must take all steps to ensure that the software and network configurations and the connections to the internet, telephone and electricity networks, and any other necessary connection, is constantly in good working order. It must take all appropriate measures to protect its own data and software from infection with viruses circulating on the electronic communication networks, particularly via the internet.
The hardware (computers, tablet, etc.) enabling access to the Services is the exclusive responsibility of the User Client, along with the costs of communication owing to their use.
To access the Services you must first create your account on the Website and configure your login.
By creating your account on the Website, by installing the application, and by using our Services, you guarantee that you are a professional acting for the purposes of your business and that you have capacity to contract.
When creating your account, you must enter the API access of your e-store.
You guarantee that the information you communicate upon creating your account is accurate, complete and true. You undertake to inform us of changes to the data communicated when creating your account.
You must inform us immediately if you learn of any security breach or any unauthorized use of your account.
You acknowledge that you are solely responsible (in respect of MISE EN PROD and any third party) for all activity conducted from your account.
By using the Digital Supports and the Services, you are prohibited:
Any breach of the bans listed above constitutes a serious breach by the User Client of its obligations for which we may automatically, without prejudice to any other avenues of recourse, suspend or permanently delete the account of the User Client in question and suspend or terminate any subscription in progress.
If the User Client does not respect the provisions and prescriptions of these General Conditions of Sale and Use, it undertakes to compensate MISE EN PROD in the case of complaint, action, prosecution or conviction initiated by any third party and in any way.
We undertake to make every effort to secure the access, consultation and use of the Digital Supports in compliance with the rules for use of the internet.
We will endeavour to enable access to the Digital Supports 24 hours a day, 7 days a week, save in the case of force majeure or events outside of our control, and subject to any outages and maintenance operations necessary for the smooth operation of the Digital Supports, which may be undertaken without the User Client being informed in advance.
Consequently, the User Client recognizes that MISE EN PROD cannot guarantee continuous availability of the Digital Supports and the Services, and that it cannot claim any compensation from MISE EN PROD in the case of unavailability of the Digital Supports and the Services.
The User Client declares to accept the characteristics and limits of the internet; in particular, it declares to know:
We reserve the right to make to the Digital Supports and Services all modifications and improvements we deem necessary or useful, without obligation to notify the User Client thereof in advance, and without these modifications being able to generate any entitlement to compensation for the User Client.
The User Client recognizes and accepts that, for the specific technologies chosen within the framework of its subscription, we may be required to install a module on its server in order to be able to complete the dialogue with the remote services.
Without prejudice to the other obligations specified by other clauses of the GCSU, You guarantee:
You recognize being solely responsible for the choice of remote servers you access via APIRUNRUN.COM.
You recognize being solely responsible for your data and their storage; these data are not stored on our servers.
Generally, you guarantee the accuracy, legality and security of all data you transmit and/or that come from you and transit via our servers. You notably guarantee that these data do not infringe the rights of a third party (notably such as property right, copyright, privacy right) and do not infringe any contractual commitment (confidentiality or exclusivity undertaking, etc.).
You guarantee being the holder of all rights and authorizations necessary to communicate these data, and more generally to process your subscription and provide the Services.
Unless stipulated otherwise, any request for assistance or complaint concerning the use of the Digital Supports and the Services must be made to MISE EN PROD by email at the following address: firstname.lastname@example.org
Updates may be made in order to integrate upgrades made to the application and/or the Services, and to the module installed on the Client’s server, resulting from new developments and/or integrating new technologies and functionalities. The User Client shall be notified thereof by email or by any other means. The User Client undertakes to install the said updates in compliance with the recommendations of MISE EN PROD.
Outside of trial periods, access to the Services entails taking out a subscription with MISE EN PROD.
Depending on the offers presented on the Website, you can opt for a monthly, quarterly or annual subscription.
The price of our subscriptions varies according to the technologies implemented, in accordance with our tariffs that can be viewed on the Website.
The prices of our subscriptions are indicated in euros. Save in the case of specific agreement otherwise, they exclude taxes.
The prices of our subscriptions do not include the costs linked to the technical requirements set out in Article 4 of the GCSU (cost of hardware, connection costs, etc.). They also do not include any costs of the remote services to which des APIRUNRUN.COM enables access.
The price of the subscription is payable on the first day of the subscription period chosen on the secure space accessible on the Website.
Any subscription period (whether monthly, quarterly or annually) having begun is due. The decision of the User Client to terminate its subscription before the term shall not give rise to any prorata refund.
In any event, any late payment shall incur late payment interest, without formal notice being necessary, at the rate of 12% per annum, and shall give rise to application of the fixed penalty of 40 euros set out in Articles L. 441-3, L. 441-6 and D. 441-5 of the French Commercial Code, without prejudice to our company’s right to suspend access to the service or terminate the subscription in progress.
As professional client contracting for the purposes of your principal activity, you do not benefit from the 14-day cooling-off period specified in Articles L. 221-18 of the French Consumer Code.
In the case of total or partial failure by the User Client to execute any of the obligations under its responsibility in these GCSU, MISE EN PROD may decide to terminate any subscription in progress, without prejudice to the right of MISE EN PROD to seek compensation of its loss.
This termination shall take place automatically 15 days after sending of formal notice, by email or by registered letter with acknowledgement of receipt, having remained wholly or partly without effect.
The sums paid by the client shall remain acquired to MISE EN PROD in initial damages.
Within the framework of the provision of the Services, the liability of MISE EN PROD can only be of due care, considering the nature of the Service.
In any event, we cannot be held liable for the remote services to which APIRUNRUN.COM enables access. Notably, we cannot be held liable in any way for the quality or performance of the remote services.
We cannot be responsible for difficulties with or impossibility of connection to the remote services linked to the operators of the said services, or for any technical problem outside of our control.
We cannot be held liable for losses, damage, impairment or theft of data within the framework of the use of the Services.
In any event:
Furthermore, without prejudice to the exclusions of liability specified in other clauses of the GCSU, MISE EN PROD cannot be held liable in the case of damage resulting:
Within the framework of this document, events of force majeure shall notably include, in addition to the cases recognized by case law of the French Court of Cassation, all natural disasters, all acts of war, infringements of public order, epidemics, fires, floods and other disasters, all acts of State, all strikes, lock-outs, including of our staff or that of our usual carriers, any supply shortage of our own suppliers, and all electrical and technical problems external to the parties preventing communications.
The Digital Supports and the Services and each of the elements composing them are the exclusive intellectual property of MISE EN PROD, in compliance with the provisions of the French Intellectual Property Code.
These General Conditions of Sale and Use do not confer on the User Client any property right over the Digital Supports and the Services and all their components, which are and remain the exclusive property of MISE EN PROD.
Consequently, the User Client is prohibited from any act or deed that could directly or otherwise infringe the intellectual property rights held by MISE EN PROD. It shall be personally responsible and shall hold MISE EN PROD harmless from any action that may be brought by third parties against it for the reason that the information the Service allows to be downloaded, stored and recovered is the subject of intellectual property rights that these functionalities breach.
The User Client is not permitted to reproduce, represent, modify, translate and/or adapt, partially or fully, each of the elements of the service composing it, or to reproduce or represent such translations, adaptations and/or modifications, partially or totally, without the prior written agreement of MISE EN PROD.
All trademarks of products or services contained in or associated with the Services which are not trademarks of MISE EN PROD belong to their owners.
Any deterioration, and, in the absence of permission, any representation, reproduction, modification or commercial use, total or partial, of the various elements of the application is prohibited and shall expose its perpetrator(s) to legal proceedings.
MISE EN PROD may wish to promote that it has provided Services to the User Client.
In this way, the User Client expressly authorizes MISE EN PROD to cite its name, accompanied if applicable by its trademark, logo or other distinctive sign related thereto, and shall provide MISE EN PROD, on its request, with evidence of the right of property, reproduction and characteristics of the graphics attached to the said distinctive signs.
MISE EN PROD undertakes that personal data will be collected and processed in compliance with the French Data Protection Act no. 78-17 of 6 January 1978, as amended by the law of 6 August 2004.
The personal data you transmit, notably when creating your account or making an order, are collected by MISE EN PROD, responsible for processing these data. The data will be kept for a duration of ten years.
MISE EN PROD shall take all useful precautions, given the nature of the personal data collected and processed and the risks presented by the processing, to protect the security of these data.
The User Client is informed that its personal data may only be processed by partners of MISE EN PROD on the instructions of MISE EN PROD. The User Client benefits from a right of access to and rectification of the information concerning it, which it may exercise by contacting MISE EN PROD, subject to having evidenced its identity by attaching to its request a copy of its valid identity document and indicating its email address. Under the terms of the law, as the beneficiary of this right has to evidence its identity, MISE EN PROD, for security reasons, reserves the right to demand other evidence in the case of doubt over the value and authenticity of the supporting documents produced by the User Client.
It has the right to object to its data being used for canvassing purposes.
The User Client recognizes to MISE EN PROD the right to use its data for statistical purposes, and, when they have been anonymized, to transfer or assign the corresponding statistical results to any third party.
On the basis of the data processed by MISE EN PROD, the User Client recognizes and accepts that MISE EN PROD may offer it, from its first use of the application, the opportunity to receive recommendations via links accessible from the said Application or documents that will be sent to it directly, in order to benefit from offers of third party service providers meeting some of its needs.
In this way, the User Client may receive publicity messages concerning offers of products or services, which it expressly accepts.
The said third parties may not under any circumstances have access to personal information when the User Client has not agreed to access the services of these third party service providers, for example and where applicable by clicking on their links.
The Digital Supports may contain hyperlinks to other websites that do not belong to MISE EN PROD or are not controlled by MISE EN PROD. MISE EN PROD exercises no control over the content, the data protection charters or the practices of the third party websites, and declines any liability in this respect.
You recognize and accept that MISE EN PROD is not responsible for the availability of these websites and external resources and does not support the advertisement or the products and other materials presented on these websites or external resources or accessible from them.
You recognize and accept that MISE EN PROD cannot be held liable for any loss or damage you may suffer owing to the provision of these websites or external resources or owing to the trust you put in them regarding the exhaustiveness, accuracy or existence of any advertisement, product or other material on these websites or resources or accessible from them.
MISE EN PROD encourages you to be vigilant when you leave the Digital Supports and to read the general conditions and the data protection principles of the other websites you may visit or other applications or software you may download.
These General Conditions of Sale and Use, and all points resulting therefrom or relative to them and their application, including their content, are subject to French law, regardless of the place of execution of the substantial or secondary obligations.
In the absence of amicable agreement, any dispute relative to the application of these General Conditions of Sale and Use, their validity, their interpretation or their execution, and more generally any dispute relative to the service provision, shall be brought before the Commercial Court of POITIERS, which has exclusive jurisdiction, including in interlocutory proceedings, notwithstanding introduction of third parties or multiple defendants.