This translation is provided for information purposes only. Please refer to the French version of these terms and conditions, which is the authoritative version.
GREENSPECTOR (hereinafter “the Publisher” or “GREENSPECTOR”), a SAS company with capital of 92,530 Euros, registered in the Nantes Trade and Companies Register under number 528 071 939 and having its registered office at 6 rue Rose Dieng-Kuntz 44300 Nantes, offers software and services (hereinafter together the “Services” or the “Service”) to measure the sobriety and assess the environmental impact of mobile applications, web applications and Internet sites.
These are the General Terms and Conditions of Use (“T&C”) for these Services.
By using the Services, you (hereinafter referred to as “you” or “Customer”) acknowledge that you have read, understood and agree to abide by these T&C and that you are responsible for any breach thereof.
If you are an individual acting as a representative of a company or other legal entity that wishes to use the Services, you represent and agree that you have the authority to accept these T&C on behalf of that company or other legal entity and that all provisions of these T&C will be binding on that company or other legal entity as if it were a party to these T&C.
GREENSPECTOR provides the Services to you subject to these T&C, which may be updated by GREENSPECTOR from time to time as described below. By accessing and using the Services, you accept and agree to be bound by the terms and provisions of the T&C.
In the remainder of this document, terms with a capital letter may be used in the singular or plural, with the same meaning.
Quote
Contractual document supplementing or amending, as the case may be, the T&C (together “the Contract”) and concluded between GREENSPECTOR and the Customer. The Quotation describes in particular the conditions of access to the Service, the characteristics of the chosen subscription (examples: measurement time, number of Analyses that can be used, number of users, etc.) and the financial conditions. The Quotation may be commonly referred to as an “quotation” or “commercial proposal”. If you subscribe to the Service online, the elements making up the Quotation are displayed to you during the subscription journey. You choose and accept the subscription level that suits you from among those offered.
Customer / You
A person who has identified himself/herself when subscribing for access rights to the Service or who has accepted a Quotation. Depending on the terms of the Quotation, the Customer may grant access to the Services to one or more Users acting under his/her responsibility.
User
The natural person designated by the Customer to use the Services by means of an Identifier. The User acts under the Customer’s responsibility. When a Subscription is made online, an initial User is automatically created from the information provided by the Customer.
Identifier
Codes comprising a login and possibly one or more API token(s), required by each User to access the private space reserved for the Customer within the Software. Identifiers are unique, personal and confidential. Any use of an Identifier is considered to have been made by the User to whom it has been granted. It is therefore the Customer’s responsibility to ensure that the Identifiers entrusted to Users remain confidential and are used correctly.
Data
All the elements, information and raw data (Raw Data), entered by the Customer and processed by the Software (Processed Data). This Data is made available to the Customer within the Software.
Software
Software suite accessible in SaaS (Software as a Service) mode, generally marketed under the brand name GREENSPECTOR Studio®, made up of specific IT developments of which GREENSPECTOR is the sole owner in its capacity as publisher. SaaS mode is a set of services enabling remote access, via the Internet, to one or more software applications. This software suite may include computer programs that can be installed by the User on his/her computer or servers in order to enable or facilitate his/her use of the Services.
Service
All the services accessible in SaaS mode developed and offered by GREENSPECTOR. Among other things, the Service enables:
The purpose of the Contract is to specify the terms and conditions under which GREENSPECTOR licences the Software to you and performs the Service in accordance with the Contract.
You are reminded that the right to access the Software is granted exclusively for your professional needs.
Once the subscription has been finalised or you have accepted the Quotation, GREENSPECTOR will initiate the necessary procedures to provide the Service and to set up the licence to use the Software for your benefit and in accordance with the specifications set out in the Quotation where applicable, in particular:
The Service is presumed to be usable on the date of communication of the Identifier by GREENSPECTOR.
GREENSPECTOR shall not be held responsible for any delays attributable to you in providing GREENSPECTOR with additional information required by you for the implementation of the Services. Such delays shall not constitute sufficient grounds for termination of the Contract by you.
Once you have subscribed, you will be given an Identifier giving you access to the Service. This Identifier is unique, personal and confidential. Any connection via the Identifier is presumed to have been made by you. You undertake, without delay, to notify GREENSPECTOR of any theft or breach of confidentiality of the Identifier.
Using your Identifier, you may create other Identifiers for Users, which you do under your sole responsibility and within the limits set out in the Contract.
You may not subscribe to the Service with more than one (1) email account in order to benefit from additional free trial periods. If you attempt to create more than one (1) free trial account, your accesses may be blocked at GREENSPECTOR’s discretion.
In order to access the Services, you represent that you are of legal age to form a commercial contract and that you are not a person prohibited from using the Services under the laws of your applicable jurisdiction. You also agree:
If you provide any information that is untrue, inaccurate, not current or incomplete, or GREENSPECTOR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GREENSPECTOR reserves the right to suspend or terminate your access and refuse any and all current or future use of the Services (or any portion thereof) if such breach continues for a period of 72 hours after GREENSPECTOR has notified you in writing.
You agree not to modify the Service or the Software in any way, or to use modified versions of the Service or the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces provided by GREENSPECTOR to access the Service.
The use of the Service and the Software and the ability to obtain accurate and efficient results are highly dependent on the User’s expertise in using the Service or the Software. Therefore, you are responsible for ensuring that you are competent to use the Service or Software and obtain optimal results in accordance with the documentation provided by GREENSPECTOR.
You must comply fully with all applicable laws and regulations when using the Service or the Software. You are prohibited from violating system or network security, which may result in criminal and civil liability, including, but not limited to, the following:
You must not use the Service or the Software to publish illegal or defamatory information about any person without that person’s consent, including any information that constitutes harassment or is likely to cause intentional emotional distress.
You must not use the Service or the Software to send unsolicited messages including, without limitation, commercial advertising or bulk email. You must not use another site’s mail server to send email without the express permission of the person authorised to act on behalf of that site.
GREENSPECTOR reserves the right, at any time, to prohibit access to the Service which is detrimental to its commercial interests, its reputation and its brand image.
As GREENSPECTOR develops new functionalities to enrich the Services offered to its customers, GREENSPECTOR reserves the right to change the content and form of any of the Services at any time and without prior notice, without you being able to object, it being understood that GREENSPECTOR undertakes to guarantee:
In general, GREENSPECTOR will endeavour to:
However, you may not reproach GREENSPECTOR for not upgrading the Services despite communication of your wishes or requests for upgrades.
3.1 – The Software is an original creation, and as such is protected by copyright (article L. 111-1 of the CPI). The Publisher is and remains the owner of all intellectual property rights relating thereto. The Contract does not transfer any intellectual property rights to the Customer.
GREENSPECTOR grants the Customer a personal, non-exclusive and non-transferable right to use the Software.
The right to use the Software is limited to the period specified in the Contract. It is granted worldwide.
3.2 – In particular, the Customer is formally prohibited, without GREENSPECTOR’s prior written consent, from
3.3 – The Customer may not grant sub-licences for the use of the Software to third parties, whether free of charge or in return for payment, without the prior written authorisation of GREENSPECTOR.
3.4 – Failure to comply with the provisions of this article may result in the immediate termination of the Contract by operation of law, to the exclusive detriment of the Customer, without prejudice to any damages to which GREENSPECTOR may be entitled.
Except for the limited and provisional rights granted under the Contract, GREENSPECTOR reserves all right, title and interest in and to the Data, including all intellectual property rights therein.
If the subscription comes to an end or if the Contract is terminated for any reason whatsoever, access to the Data will be immediately interrupted on the date on which the termination takes effect.
Unless you have GREENSPECTOR’s prior written consent, you agree not to:
GREENSPECTOR shall host the Data relating to the use of the Service on its servers or on the servers of a third-party host chosen by it.
Within the framework of a general obligation of means (see article 11.1 below), GREENSPECTOR implements the best known and reasonable means to date to preserve the integrity of the Data. GREENSPECTOR undertakes to implement known and reasonable means to prevent access to the server by any unauthorised third party within the framework of known rules of the art.
GREENSPECTOR has the right to collect, extract, compile, summarize and analyze data or information resulting from your access to the Service (“Connection Data”). GREENSPECTOR has the right to consult the data resulting from your use of the Service (“Processed Data”) and to exploit them for the purposes of supervision of the Service, improvement of the Service, statistical analysis, communication or marketing, it being understood that any public communication may only be made with strict respect for the anonymity of the Client and the Users, without making it possible to identify you or the application tested by you.
Under no circumstances will the Data be transmitted, whether free of charge or in return for payment, to third parties, whether natural persons or legal entities, unless required by law.
GREENSPECTOR will use its best efforts to ensure the availability of the Service 24 hours a day, 7 days a week, except in cases of force majeure (as described in the article “Force majeure” below), events beyond GREENSPECTOR’s control, possible breakdowns and interventions necessary for the proper functioning of the service and equipment.
GREENSPECTOR undertakes to use its best efforts to guarantee the availability of the Software and the Data; availability is understood to mean accessibility to the Data. However, GREENSPECTOR shall not be held responsible for any disruptions, interruptions or anomalies which are not of its making and which may affect transmissions via the Internet network and more generally, via the communication network, regardless of the extent and duration thereof.
GREENSPECTOR reserves the right to close access to the Software in order to carry out the maintenance of the hardware and software necessary for the processing and hosting of the Data. Insofar as possible, GREENSPECTOR shall inform the Client in advance of any interruption of access to the server, whether caused by GREENSPECTOR or of which GREENSPECTOR may be aware. GREENSPECTOR undertakes to make its best efforts to carry out maintenance outside peak hours.
Technical support is included in all our licence offers. As soon as you subscribe to the Service, you have access to technical support for the duration of your subscription. No additional charge is required, provided that the assistance falls within the scope described in this article.
GREENSPECTOR shall automatically and without prior notice cease to provide assistance to the User at the end of the validity of his/her licence.
Technical support includes assistance with general troubleshooting, gathering information from the User to diagnose problems and resolving errors, bugs or other problems and malfunctions with the Software.
Questions relating to the use of the Software are not covered by the support included in your licence Contract. All questions relating to the use of the Software are covered by online documentation and tutorials, which are free of charge. These resources are regularly updated.
GREENSPECTOR and its partners offer a range of training and assistance services for the deployment and implementation of the Software. Please contact your sales representative for more information. Some of your difficulties may be due to misuse of the Software. Therefore, if you have questions that go beyond the scope of support, the support team will let you know and direct you to the sales team.
GREENSPECTOR provides support to Users from 9 a.m. to 5 p.m. CET, Monday to Friday, except on French public holidays. The language of communication is French or English. There are two ways to contact us:
All support requests will be handled via these two channels. Please provide the support team with technical details, screenshots and explanations to enable them to analyse the situation and resolve the problem. Audio calls (telephone, audio-conference or video-conference) will only be initiated by our support team and only when the situation cannot be resolved in writing.
The Contract begins as soon as your subscription is finalised, or your Quotation is accepted, as the case may be.
It is concluded for either an initial period of 1 or 12 months, then tacitly extended at its end by periods of identical duration (1 or 12 months respectively).
Any subscription may be terminated at the end of its term by either of the Parties, subject to a notice period linked to the duration of the contractual relationship:
Following the request for cancellation, the Contract will continue until its term and then cease to have effect.
No refund will be payable in respect of any non-use of the Service between the request for termination and the end of the Contract. Any unpaid balance for the Service provided up to the date of termination, and any other unpaid payment obligation during the remaining term of the Contract, shall be immediately due and payable in full.
The financial conditions for access to the Service are detailed in the Quotation or, for online subscriptions, prior to the actual subscription.
The price does not include the communication and Internet access costs (Internet service provider) required to use the software, which remain your responsibility.
The price of the “Enterprise” plan is set by our sales team at your request. The price of the plans available online depends on three main parameters:
Where a maximum limit of measurement time per month applies: any unused measurement time is not refundable and cannot be carried over to subsequent months. Once the maximum measurement time limit has been exceeded, you cannot carry out any more tests until the start of the following month.
GREENSPECTOR will send you an invoice on the day you subscribe to the Contract, and then on each anniversary date (monthly or annually depending on the plan subscribed to).
For offers subscribed to online, payments are made in Euros, by bank card (CB) or by bank transfer. Payments are due immediately. In any case, the obligation to pay is fulfilled insofar as the amount in Euros is credited definitively to the benefit of GREENSPECTOR.
In the event of non-compliance with the payment deadlines indicated above, automatically and without prior formal notice from GREENSPECTOR:
Any disagreement concerning invoicing must be justified by sending a registered letter with acknowledgement of receipt, within ten (10) days of the date of issue of the invoice. In the absence of this procedure, you will be deemed to have accepted the invoice and will be considered to be in default in the event of non-payment.
You acknowledge that you alone have the best information about your company, your activities and your projects. In this respect, you undertake to respect, from the beginning of the contractual relationship and throughout the performance of the present contract, your obligation to collaborate with GREENSPECTOR’s teams and in particular, if necessary, when GREENSPECTOR requests information, in particular in the event of an alert or the occurrence of a malfunction.
Similarly, it is your responsibility to ensure that GREENSPECTOR’s Services are suited to your own needs, in particular on the basis of the information provided in the documentation and/or the commercial proposal sent to you, which you acknowledge having read.
By failing to contact GREENSPECTOR to request further details and/or attend an additional demonstration of the Services prior to signing this agreement, you acknowledge that you have been sufficiently informed.
You acknowledge that you are subscribing to the Service with full knowledge of its content and performance and in a professional capacity. Except in the event of malfunctions preventing you from accessing the Data, you therefore accept the provision of the Service as it stands, with any imperfections, which do not constitute sufficient grounds for terminating the Contract.
You are strictly forbidden to search for statistical analysis models from the processed Data and, in general, from the results obtained from the Software. These models are strictly confidential and are part of GREENSPECTOR’s know-how. As such, you are contractually liable for any direct or indirect use and/or exploitation of the statistical analysis models resulting from the use of the Software. This obligation is an essential contractual obligation such that without this commitment on your part, GREENSPECTOR would never have contracted with you. Any breach of this obligation shall result in the wrongful termination of the Contract attributable entirely to you, and the immediate allocation of the sum of 50,000 Euros (fifty thousand Euros) by way of penalty clause, without prejudice to any damages that GREENSPECTOR may claim in the context of legal action.
11.1 – You expressly acknowledge that GREENSPECTOR’s obligations under the Contract are obligations of means. GREENSPECTOR therefore implements the best known and reasonable means in accordance with best practice, in compliance with the laws and regulations in force, and in accordance with the ethics of its profession to perform the services thus contracted, in particular with regard to the fight against intrusions and other malicious acts.
You are reminded that the Service is provided in SaaS mode. As such, the Service may be directly affected (response times, difficulty in reaching servers, etc.) by disturbances on the global telecommunications networks (“Internet”). You declare that you are aware of the complexity of these networks and of the congestion that may result, at certain times, from the influx of Internet users.
You are expressly reminded that the Service is a decision-making aid and does not replace the expertise of a professional or your own expertise in making decisions about intervention and management of the performance, energy efficiency and environmental impact of the components of your information system.
11.2 – GREENSPECTOR acknowledges that it complies with the provisions of the European General Data Protection Regulation EU 2016/679 (RGPD) and with the provisions of French Law n°78-17 of 6 January 1978 relating to information technologies and liberties, as amended. In the context of the provision of Identifiers, GREENSPECTOR acts as data controller. The purposes of the processing of personal data are linked to the performance of the Contract and the commercial activities of GREENSPECTOR, in particular for the pursuit of its legitimate interests, including the management of customer relations or the sending of information on the development of services. The personal data concerned are the surname, first name, e-mail address and telephone number of the User.
The storage period applied is strictly that stipulated by law. No personal data is stored outside France or transferred to third parties. Some personal data is hosted by OVH in France.
Users may exercise their rights of access, rectification, deletion, opposition, limitation and portability at any time by sending an email to Mr Olivier PHILIPPOT, DPO, at the following address: ophilippot@greenspector.com.
It is expressly agreed between the Parties that GREENSPECTOR’s liability, if GREENSPECTOR’s fault is recognised, does not cover any indirect loss, in particular operating loss, loss of profit, commercial or financial loss, increase in overheads, which may be suffered by the Customer.
GREENSPECTOR may only be held liable if it can be shown to be at fault.
It shall not be liable in the event of Force Majeure as described below.
GREENSPECTOR may not be held liable in the event of non-compliant use of the Services by the Customer or if the Customer has not really assessed the capacity of its technical and IT environment (software, Internet flows, etc.) or effectively carried out the maintenance and updates of its software or has failed to fulfil its obligation to cooperate as described above in the article “Obligations and Responsibilities of the Customer”.
It is expressly agreed that, if GREENSPECTOR is found liable by a court of law in the performance of the present contract, the Customer shall not be entitled to any compensation or damages other than the reimbursement of the payments made by the Customer in the last 12 (twelve) months in respect of the subscription concerned.
13.1 – In the event of a breach or non-performance by one of the Parties of any of its obligations under the Contract, the other Party may send the Party responsible for the non-performance formal notice, by registered letter with acknowledgement of receipt, to perform its obligation or to cease its behaviour prohibited by the Contract.
In such a case, if the formal notice remains without effect, in whole or in part, on the expiry of a period of thirty (30) days from the date on which it was sent, the Party that has been the victim of the non-performance may, if it sees fit, terminate the Contract as of right by simple notice sent by registered letter with acknowledgement of receipt to the other Party, without prejudice to any claim for compensation for the loss suffered.
Nevertheless, the Publisher reserves the right to automatically suspend performance of the Contract, without the Customer being entitled to claim any compensation from the Publisher, in the following cases:
Suspension of the Service(s) concerned will take effect 7 (seven) calendar days from the date on which the Publisher sends the Customer a formal notice to do so, by e-mail to the address indicated by the Customer. For the duration of the suspension, the contractual provisions not affected by the suspension remain in force.
Abuse of service means any act by any Customer, whether intentional or unintentional, which has an impact, of whatever magnitude and nature, on the normal operation of the services provided by the Publisher to other Customers.
13.2 – In all cases of termination, the Customer’s Identifier will be disconnected and the Customer Space deleted. The Customer will no longer be able to access the Data. This deletion will take place within a period of time at the Publisher’s discretion.
In addition to the events usually accepted by French case law as constituting force majeure, the obligations of the Parties will be automatically suspended in the event of events beyond their express control preventing the normal performance of the Contract, such as earthquakes, fire or flooding of the operating premises of the business of one or other of the Parties, storms, blockage of means of transport for any reason whatsoever, total or partial strikes outside the company, total or partial regional, national or international blockage of telecommunications and total or partial regional, national or international blockage of computer networks. Technical breakdown caused by malicious acts (e.g. hacker attacks) also constitutes force majeure.
The Party noting the event must immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations shall under no circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
However, as soon as the cause of the suspension of their mutual obligations has disappeared, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible.
If the case of force majeure is extended beyond a period of 3 (three) months, the Contract may be terminated by registered letter with acknowledgement of receipt, unless the Parties agree otherwise.
GREENSPECTOR reserves the right to modify these T&C (for example, to reflect changes in legislation or changes to the Service), including, but not limited to, the fees and charges associated with the use of the Services. You are responsible for regularly reviewing these T&C, and your use of the Services will be deemed acceptance of these amended T&C. Modifications will not have retroactive effect and will come into force at the earliest 14 days after their publication. If you do not agree to the modified T&C, you must stop using the Service and send an email notification to GREENSPECTOR. No modification or amendment of these Terms will be binding unless:
16.1 – Declaration of mutual independence
Each Party is an independent contractor and none of the provisions of the Contract creates a de facto or de jure company, a joint venture, a mandate, a franchise or commercial agent contract or a salaried employment relationship between the Parties.
16.2 – In the event of translation of any of the contractual documents making up the Contract, only the French version shall be deemed authentic.
16.3 – The Parties accept and acknowledge as valid evidence, which may be produced in court, any exchange by e-mail between them.
16.4 – The nullity of any clause of the Contract shall not affect the validity of the other clauses; it shall continue in the absence of the nullified clause.
16.5 – Tolerances
The fact that either Party does not avail itself of a breach by the other Party of any of its obligations hereunder shall not be construed for the future as a waiver of the possibility of a claim for the application of the obligation in question.
The Contract is governed by French law.
Any dispute relating to the Contract, resulting in particular from its signature, performance, interpretation, termination or validity, must be resolved amicably by the Parties.
To this end, the Parties agree to meet within 15 (fifteen) days of receipt (date of first presentation of the mail by the postal services), by one of the Parties, of the notification of the said dispute by registered letter with acknowledgement of receipt sent by the other Party.
In the absence of an amicable solution to the dispute within 15 (fifteen) days of the meeting of the Parties under the conditions referred to in the above paragraph, the dispute shall then be submitted to the competent jurisdiction in accordance with the terms hereinafter defined.
In the absence of an amicable Contract, the Parties shall submit all disputes, even in the event of recourse to a guarantee or multiple defendants, to which the Contract may give rise, whether for their validity, interpretation, performance or termination, to the Commercial Court of NANTES (44), except in cases where the dispute falls within the jurisdiction of the High Court of RENNES pursuant to the applicable provisions of the Intellectual Property Code.
Subscribe to our newsletter to stay up to date on features and releases.
By subscribing, you agree to our privacy policy and consent to receive updates from our company.
©Greenspector, 2010-2025. All rights reserved.