TERMS AND CONDITIONS OF USE

The company SALIENCE, having its registered office in TOURS, FRANCE (37000), 30 Rue André Theuriet, and registered in the Trade and Companies Register (RCS) of TROYES under number 531 258 291, publishes and offers a collaborative work application in SAAS (Software As A Service) mode called "FEATUREMAP".

These General Terms and Conditions of Use (hereinafter referred to as “GTCU”) are intended to define the terms and conditions of use of this Application and/or Website by the user. They supersede and cancel any other general terms and conditions issued previously that may appear on documents or by any other agreed-upon means.

Article 1 - DEFINITIONS

The following terms and expressions, beginning with a capital letter, have the meaning indicated below, whether used in the singular or in the plural:

“User”: means any user who opens a User Account on the Application and is registered on it for the purpose of using the Application;

“User Account”: means the User’s personal account opened on the Application;

“User Data”: means any User’s Personal Data collected by SALIENCE;

“Data”: means any files and information of all kinds (texts, images, sounds, videos, etc...) filled in the Application, under the User’s liability, and on the servers managed by SALIENCE;

“Services”: mean all paid and free of charge services provided by SALIENCE to the User through the Application;

“Application”: refers to the SaaS application developed and published by SALIENCE, the purpose of which is a collaborative tool facilitating the definition of roadmaps and the monitoring of projects by Users.

“Trademarks”: mean the following trademarks:

  • French word mark “SALIENCE” registered on June 12th, 2009 at the INPI under the number 3621359 for products and services in Classes 9, 35 and 42, and owned by Tristan THEVENIN and Samuel LIANG; 
  • French word mark “FEATUREMAP” registered on May 17th, 2013 at the INPI under the number 3977616 for products and services in Classes 9, 41 and 42, and owned by SALIENCE;

“Site”: means the website located at the URL https://www.featuremap.co, as well as the sub-sites, mirror sites, portal and web addresses related thereto, to which the User shall login in order to use the Application. 

Article 2 – GENERAL PRINCIPLES

2.1 - Acceptance

Any other conditions, provided they are not in contradiction with these general terms and conditions, shall only be valid subject to the prior and express consent of SALIENCE.

2.2 - Convention of proof

The User acknowledges that records and safeguards (including any data connection) from the Site and the Application (hereinafter the "Electronic Document") will be full proof between the User and SALIENCE. Thus, Electronic Documents (including date and time) are valid between the parties to any dispute. 

The User acknowledges therefore in its contractual relations with SALIENCE, the validity and the probative of email. Similarly, statements orders, amounts paid by the User, assets, returns, late payment penalties, and others, and their reproductions on microfilm, optical or magnetic disks, preserved by SALIENCE, are binding on the User as evidence.

A printed version of the GTCU as well as any information sent electronically shall be admitted in any legal proceedings concerning the application of these GTCU in the same way and under the same conditions as any other written document kept in paper format.

2.3 - Modifications

SALIENCE reserves the right to modify the GTCU at its sole discretion. 

The use of the Site and the Application is always subject to the most recent version of the GTCU posted on the Site and/or the Application, and available to the User at the time of use.

When using the Site and the Application, the User may be subject to guidelines or rules posted on the Site and applicable to the Application, which may contain terms and conditions that are in addition to the present GTCU.

2.4 - Breach

SALIENCE has the right to refuse future access to the Site and/or the Application to User who violates the present GTCU; to deny said latter access to any affiliated site for which SALIENCE is responsible; or to close any User account for access without prejudice to compensation that may be due to SALIENCE.

Article 3 - GENERAL DESCRIPTION OF THE APPLICATION

The Application is one of the management and engineering tools created by SALIENCE. 

The Application is a user story mapping inspired Application developed and edited by SALIENCE which allows any User to manage her/his projects by:

  • Organizing a project/an idea thanks to the creation of a map in FEATUREMAP; 
  • Listing her/his ideas and tasks in this map; 
  • Executing and organizing this project/this idea with a global and/or detailed vision. 
  • Collaborate in real-time with other Users of  the Application.

Article 4 - REGISTRATION – CONNECTING TO THE APPLICATIO

4.1 - Prerequisites

User shall connect to the Site via an internet connection. SALIENCE does not make available to the User any equipment, telephone installation, terminal equipment, consumable or other items, or any software to connect to the Site and the Application. The User acknowledges that she/he alone answers for the installation, maintenance and control of the technical configuration that is required for connection to the Site.

Regardless of the mode of connection, the costs of connection and data transmission from the User’s station to the Site’s server are to be covered by the User, including any amounts, fees, registrations, taxes or other items that might be requested by providers of access to the telecommunications networks linking the User to the Site.

4.2 - Registration

Registration on the Site in order to use the Application provided by SALIENCE, is carried out online on the Site thanks to the user identification and registration process. 

The User shall undertake to fill in, in good faith, all mandatory fields contained in the registration form.

Notably, the User shall indicate her/his:

  • Email address and email address confirmation 
  • Password

SALIENCE reserves the right to refuse an application for registration to the Site by any User who does not comply with these GTCU if applicable, or who does not fully, or in good faith, provide information on the registration forms.

At the time of registration, the User certifies:

  • For any natural person: 
    • That she/he is an adult, 
    • That she/he can freely give his/her consent. 
  • For representatives of legal entities: 
    • That it is legally authorized to bind the legal entity, 
    • That it is not subject to reorganization or liquidation.

4.3 - User Account

4.3.1 - Availability

Users are able to access a personal User Account by activating the connection parameters required on the Site. The identification Data enabling access to their Accounts are not sent as a reminder to Users via email, but Users can reset a new password.

It is the User’s responsibility to check the validity of the email address entered on the registration form because this email address is a mean of identifying to its User Account. In the event where the email address is incorrect, it is possible that the User will not be able to access its account and personal space and SALIENCE cannot be, in any way, liable. 

SALIENCE reserves the right to delete the User Account of any user who contravenes these GTCU, particularly when the Client provides deceptive or fraudulent information, or when a User Account has been inactive for at least a year. Said deletion does not constitute an offence on the part of SALIENCE or an injury for the evicted User, and the latter cannot claim any indemnification in that regard.

Finally, it is the responsibility of each User to regularly change the password which was personally chosen at the time of registration and to ensure that this password is made up of letters, numbers and is long enough.

4.3.2 - Connection settings

Each User is obligated to keep confidential her/his connection settings (username and password) which the User enters in the registration form. The User is responsible for all uses, whether or not expressly authorized. The User has no right to transfer, lend or assign her/his connection settings to any Third Party or allow any Third Party to connect to her/his Account.

The User shall further undertake to: 

  • Immediately notify SALIENCE in the event of misuse of her/his connection settings or Account or in the event of any other breach of security, 
  • Make sure to be properly disconnected from her/his Account at the end of each session using the "Logout" feature.

4.3.3 - User Account's content

SALIENCE has no right to ownership of User Data, information, or documents that he/she submits to the Application at the time of use. 

The User is solely liable for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property rights or rights of use of all User Data. Furthermore, SALIENCE shall not be held liable for the deletion, correction, destruction, damage, loss, or failure to store any User Data.  

The User is required to carry out, on their own devices, any backup that they deem necessary for their data, and it is the User's responsibility to ensure their storage and conservation.

Article 5 - USER’S RESPONSABILITY

5.1 - General

Any User is strictly required to comply with the rules set forth in these GTCU, the violation will result in an automatic termination of access to the Application with a prior notice. SALIENCE also reserves the right to pursue any User who is the author of a violation that the company would consider particularly serious.

5.2 - General compliance with the principles of morality, courtesy, and loyalty

In general, the User shall undertake to respect the laws and regulations in force in their state so as not to undermine public order and morals or the rights of others including without limitation that no data transmitted in connection with the use of the Application: 

  • Is pornographic or pedophile; 
  • Is conducive to violence, crime, felony, suicide, acts of terrorism, theft, acts of damage or deterioration; 
  • Condones war crimes, crimes against humanity and acts of terrorism or undermines the security or integrity of any State or Territory; 
  • Is conducive to discrimination, hatred or violence against a person or group of persons because of their origin or their ethnicity, nation, race or because their religion or morals; 
  • Affects in any manner whatsoever the honor or reputation of any person; 
  • Affects the security, privacy, image, and intimacy of private life of another. 
  • Presents material that is offensive or contrary to public policy or proper practices, or that may be inappropriate for minors; 
  • Harms, in any manner whatsoever, the reputation, private life or image of a Third Party; 
  • Denigrates, defames, or damages the image or reputation of a brand name or any natural person or legal entity, in any manner whatsoever; 
  • Enables third parties to obtain pirated software, serial numbers of software or any software that might cause damage to, or harm, the rights, and properties of Third Parties in any manner whatsoever; 
  • Infringes the intellectual property rights of any person; 
  • Recommends questionable or fraudulent practices; 
  • Enters in hypertext link, or advertises or promotes, a company, brand, site, blog, or forum.

The User expressly agrees to refrain from disrupting or disturbing SALIENCE’s Application and servers, and to comply with the required conditions, procedures and general rules transmitted by SALIENCE for proper implementation of the Application. 

Article 6 - SALIENCE’S OBLIGATIONS

6.1 - Availability of the Website and Application

SALIENCE undertakes to make its best efforts so that the Website and Application are accessible to the User 24 hours a day, 7 days a week, via a connection to an Internet network.

As such, the User is warned of the technical hazards inherent to the Internet, and access interruptions that may result. Consequently, SALIENCE cannot be held responsible for any unavailability or slowdown of the Website and the Application.

In addition, SALIENCE reserves the right to restrict access to the Website and the Application without notice, in whole or in part, in order to ensure their maintenance and/or upgrade. SALIENCE shall try not to make access to the Application unavailable for an excessive period of time.

Similarly, in the event of inaccessibility of the Website and/or the Application due to technical malfunctions within SALIENCE's purview, it undertakes to make its best efforts to remedy the malfunctions as soon as possible and to make the necessary corrections, and in any case, does not guarantee that access to the Application shall be uninterrupted.

Nevertheless, SALIENCE is generally only bound by a best-efforts obligation in regards to the User's access to the Website and/or the Application.

6.2 - Hosting Users' Data

SALIENCE shall host the Data exchanged, processed, and generated by Users in connection with the use of the Website and the Application.

SALIENCE undertakes to host Users' Data so that it is accessible.

From the time they go online, SALIENCE undertakes to make its best efforts so that Users can access their Data thus stored 24 hours a day, 7 days a week, via a connection to an Internet network.

As such, Users are warned of the technical hazards inherent to the Internet, and the access interruptions that may result. Consequently, SALIENCE cannot be held liable for any unavailability of access by the User to their Data.

In addition, SALIENCE reserves the right to restrict access to the Website and the Application, and thus to the Data, without notice, in order to ensure in particular their maintenance and/or upgrade as well as that of the software, hardware, or infrastructure used for hosting the User's Data. SALIENCE shall try not to make access to the Data unavailable for an excessive period of time.

Similarly, in the event of inaccessibility of the User's Data due to technical malfunctions within SALIENCE's purview, it undertakes to make its best efforts to remedy the malfunctions as soon as possible and to make the necessary corrections, and in any case, does not guarantee that access to the Data shall be uninterrupted.

The User is required to carry out, on their own devices, any backup that they deem necessary for their Data, and it is the User's responsibility to ensure their storage and conservation.

The User undertakes and guarantees to SALIENCE that they hold all rights relating to the information, Data, and content hosted by SALIENCE. The User, therefore, assumes with respect to SALIENCE all responsibility, including attorney's fees, in case of recourse, complaint or claim against the User from any third party who considers themselves aggrieved for the Data generated, processed and exchanged within the Application.

The User is, under all circumstances, prohibited from hosting illegal content.

6.3 - Liability

SALIENCE undertakes to provide all the care and diligence necessary for the use of the Website and the Application by the User.

In the event that SALIENCE is found liable, and subject to mandatory legal provisions to the contrary, it shall only be liable for damages that are real, direct and personal, as well as certain damage suffered by the User, provided that the User reports proof that the failure or fault of SALIENCE is the cause of this damage.

Thus, SALIENCE may not be held liable under any circumstances, in particular:

  • For compensation of indirect damages, loss(es) of operation, productivity, gains, brand image, contract(s), investment(s), time, data, file(s), computer program(s), documentation during the use of the Website and the Application, even if SALIENCE has been notified of the possibility of such losses;
  • In case of force majeure as defined in Article 13 below.

In any event, SALIENCE shall not be held liable and no compensation shall be payable in the following cases:

  • Interruption of access to the Website, the Application, and the User's data, in particular in the event of maintenance or upgrades, technical malfunctions, or the Internet network;
  • Deterioration of the Website, the Application, and the User's data due to the latter;
  • Partial or total destruction of the User's data while being transmitted and generated during the use by the User of the Website and the Application, as a result of errors attributable directly or indirectly to the User, or due to a third party having accessed the Website or the Application using the User's username and password;
  • In the event of damage resulting from technical causes and in particular the unavailability of the Website and the Application, as well as any defect affecting the functioning of the latter;
  • Failure of transmission systems operator networks to the Internet world, and in particular of the User's access provider(s). As such, SALIENCE informs the User that its services are dependent on other technical operators and that it cannot assume any liability due to their failure.

Article 7 - USER'S DATA POLICY – COOKIES

7.1 - User's personal data

For the purposes of and in connection with the use of the Website and the Application, the User may be required to provide personal information concerning them, in particular when creating their personal account, which SALIENCE may thus use for its own purposes.

The collection of personal data is primarily necessary for SALIENCE to allow the use of the Website and the Application by the User, and is thus founded on the latter. Failure to provide data may impact the use of the Website and the Application by the User.

This data is intended in this context to be communicated to the service providers and technical partners that it uses in connection with the operation of the Website and the Application, as well as to the tax administration or jurisdiction in the context of compliance with SALIENCE's legal and administrative obligations or in the context of the management of a dispute.

Secondly, some of the data thus collected may also be used by SALIENCE to send the User, if they have expressed their agreement to this effect, emails and information in order to inform them of their news.

SALIENCE undertakes to take all necessary precautions to preserve the security of the data provided by the User, or to which it may have access for its own needs, and, in particular, to prevent the data from being distorted, damaged, or accessed by unauthorized third parties.

SALIENCE informs the User whose data may thus be collected that they have, in accordance with the General Data Protection Regulation (EU Regulation 2016/679), a right of access, modification, deletion, limitation, opposition, and portability of the data concerning them. In addition, in accordance with the right of objection applicable according to the relevant regulations, the Users may also refuse to receive information emails from SALIENCE concerning its news.

These rights can be exercised by sending an email: team@featuremap.co, or according to the procedure set out in the information email sent by SALIENCE.

The User also has the right to lodge a complaint concerning the processing of their personal data by SALIENCE with the CNIL: 3 Place de Fontenoy – TSA 80715 – 75334 Paris Cedex 07; telephone: 01 53 73 22 22; website: www.cnil.fr.

SALIENCE undertakes to keep the personal data that it may thus collect for a period not exceeding the purposes for which it ensures their processing.

7.2 - Cookies

For the purposes of the operation of the Website and the Application, certain pages thereof may use "cookies", which are small text files containing specific information about the User stored on the hard disk of the computer equipment with which the latter is connected to the Website and/or the Application, and which can be read only by the server that provided them.

SALIENCE makes limited use of "cookies", and those used on the Website and the Application are only intended to optimize the consultation and use of the Website and the Application by the User

These include cookies allowing registration of the User's identifiers for their connection to their User account.

If the User does not want this technology to be used, it is possible for them to deactivate this function in their browser software, while maintaining access to the Website and the Application, by following the procedure provided for this purpose on the information banner on the Website.

Most web browsers are configured by default to accept cookies that are the very essence of how the Internet works. But they also make it possible to choose or refuse all cookies or even to select precisely those that the User wants to keep.

To do this, each browser has its specificities, the configuration remains relatively accessible via the help menus of each of them, by way of example:

  • On Google Chrome:
    • https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=fr
  • On Internet Explorer:
    • https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies
  • On Mozilla Firefox:
    • https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences
  • On Opera:
    • http://help.opera.com/Windows/10.20/fr/cookies.html

CLARIFICATION: SALIENCE cannot guarantee the durability of these URLs, nor the quality of the information contained therein.

SALIENCE informs the User that configuring their browser to refuse or restrict a particular cookie can have two significant consequences:

  • limitation or restriction of access to a service, page or content of the Website and the Application;
  • diminished user experience (obligation to retype the same information several times, for example).

For more information on the personal data collected by SALIENCE, the User can consult the privacy policy available on the Website and the Application.

Article 8 - SECURITY

8.1 - User’s Obligations

The User undertakes to:

  • Safekeeping usernames, IDs, passwords and security statements (SALIENCE may change these data at any time if it deems it necessary to protect public safety). Any unauthorized use of such access is the sole responsibility of the User;  
  • Take all appropriate measures to minimize the risk of security breaches in connection with the Application;  
  • Inform SALIENCE as soon as it becomes aware of any breach of security, SALIENCE reserves the right to intervene in its sole discretion and the way SALIENCE deems appropriate, including the right to identify, isolate, block the source of the attack and, if appropriate, prosecute its author;  
  • Comply with identification checks made by SALIENCE and if asked to do so by SALIENCE, use passwords when the User wishes to instruct. 

8.2 - Data provided publicly on the Application by the User

The User may elect to publicly post personally identifying or sensitive Data about themselves in their normal use of the Application. This could occur through use of the optional profile fields, in interactions on public blogs and documentation of the Application, or if a previously private map is made public. Data like that, which is voluntarily posted in publicly visible parts of the Application, is considered to be public, even if it would otherwise be considered to be personally identifying or sensitive. As such, it is not subject to the protocols listed below, because SALIENCE does not control/collect it; the User does. 

Additionally, voluntarily publicizing such Data means that the User loses any privacy rights she/he might normally have with regards to that Data. It may also increase her/his chances of receiving unwanted communications, like spam.

If the User chooses to provide personally identifiable Data using certain public features of the Application, individuals reading such Data may use or disclose it to other individuals or entities without SALIENCE’s control and without their knowledge, and search engines may index that Data. SALIENCE therefore urges the User to think carefully about including any specific Data she/he may deem private in content that she/he creates or Data that she/he submits through the Application.

8.3 - Data given to other people by the User

These GTCU only apply to Data collected by SALIENCE through the Application. They do not apply to the practices of companies that SALIENCE does not own or control, or employees that SALIENCE does not manage. Data on the Application maps may contain links to Third Party websites, and any Data provided by the User to those sites will be covered by any privacy policies they may have. In that perspective, the User may have read the privacy policies of any Third Party sites they visit. It is those sites' responsibility to protect any Data given to them by the User, so SALIENCE cannot be held liable for their wrongful use of the User’s personally identifying Data.

Article 9 - INTELLECTUAL PROPERTY

SALIENCE is the owner of intellectual property rights of both the general structure of the Site, and the Application.

As part of the use of the Site and the Application, SALIENCE grants the User a personal, non-assignable, non-exclusive, and non-transferable right of use and access to the Site and the Application, within the limits and conditions set out in these Terms and Conditions

As such, the User acknowledges and accepts that the use granted by SALIENCE, on the basis of access to the Site and the Application, especially excludes access to them for the purpose of reproduction, resale, exchange, rental, modification, adaptation, correction of all or part of them, even free of charge.

The Site allows the establishment of a hyperlink pointing to its contents, subject to: 

  • Not using the technique of “deep linking”, namely, the pages of the Site must not be nested within the pages of another website, but accessible through the opening of another window; 
  • Mentioning the source that shall open after clicking on the hypertext link directly from the targeted content; 
  • Data must be used for personal, associative or professional purposes alone; 
  • Any use for commercial purposes or advertising is excluded; 
  • Said permission does not apply to websites containing information that is controversial, pornographic, incite racial hatred or any form of discrimination or which may, to a broader extent, affect the sensibilities of the greater majority. 

For other uses, please contact SALIENCE.

*Links pointing to other sites that are inserted on the Site:

This Site may contain links to Third Party websites. The latter is in no manner liable for the content of other websites that Users may access from the Site. When the User accesses a website other than SALIENCE's, she/he does so at their own risk, and SALIENCE may not be held liable for the accuracy or reliability of the information, data, opinions, advice or statements made on this other website, nor the quality of products and services offered there. SALIENCE provides these links only as a convenience and the existence of such links does not imply that SALIENCE endorses or accepts any liability for the content or uses of such websites.

Excluding the Data of the User, all trademarks and other intellectual property rights in any content of the Site (including, information, text, images, copyright and designs) and the structure of the website belong to SALIENCE, or had their use granted by their holder to SALIENCE. No use of this content and intellectual property rights relating thereto shall be permitted without first required the express written consent of SALIENCE. All these rights are expressly reserved.

The User agrees to respect SALIENCE’s intellectual property rights, in particular concerning the Site and the Application, and enforces these rights by Third Parties.

As such, Users are expressly forbidden to: 

  • Sell, publish, display, disclose or make available to any Third Party the Site and the Application. 
  • Perform reverse engineering, decompiling or disassembling the Site and the Application, except as expressly authorized by law. 
  • Remove identifying and ownership references of the Site and the Application. 
  • Lease, lend or use the Site and the Application with the objective of sharing it or making it available to Third Parties hereto. 
  • Publish any test or analysis or evaluation of performance relative to the Site and the Application without prior written permission from SALIENCE. 
  • Access the source codes of the software characterizing the Site and the Application. 
  • Use or copy the Site and the Application by any manner which is not expressly authorized by SALIENCE.

Any failure to comply with the present provisions would cause an infringement to copyright, Trademarks or other intellectual property rights which could expose the User to civil and/or criminal penalties. 

Article 10 – SUSPENSION – TERMINATION

In the event of a breach by the User of one of their obligations under these GTCU and failure by the User to remedy this breach within a period of 10 days from the receipt of a formal notice sent by any means by SALIENCE, the latter may ipso jure on simple written notification sent by any means to the User suspend the use of the Application by the User until the termination of the breach of the latter.

If the User's breach persists beyond a period of 20 days from receipt of the formal notice from SALIENCE, SALIENCE may automatically terminate the User's use of the Application upon simple written notification sent by any means to the User.

Article 11 – FORCE MAJEURE

In the event of failure to perform any obligations by one of the Parties due to force majeure, its liability cannot be sought.

Any event beyond the control of the debtor of the obligation, which could not reasonably have been foreseen at the time of the conclusion of this Contract, the effects of which cannot be avoided by appropriate measures, and which prevents the performance of its obligation by the debtor, shall be considered a case of force majeure.

This shall be the case in particular, without this list being exhaustive, of cases usually retained by the jurisprudence of the courts, cases of war, riot, natural disaster, embargo, epidemic, disruption of means of transport or communication channels, acts of government, changes in the regulations applicable to these General Terms and Conditions, to the Website or to the Application, internal or external strikes, internal or external failures or breakdowns, epidemic, pandemic, and in general any event not allowing the proper performance of contractual obligations.

Article 12 - NOTIFICATIONS

Except in cases where a stipulation of this GTCU provides otherwise, it results from a specific agreement between the Parties that correspondence between them may take place by any means, including by electronic mail at the e-mail mentioned in their correspondence, invoices and / or purchase orders, or other document. 

The Parties agree that printing paper mail allows properly prove up the discussion. 

The Parties shall implement all security measures to ensure the availability, integrity and confidentiality of e-mail files sent over the Internet. 

They implement the same time, all appropriate measures, such as firewalls and antivirus software regularly updated and properly configured, to protect themselves in the most efficient manner possible against intrusions, attacks and spread viruses to ensure availability, integrity and confidentiality of e-mail files received. 

Parties will save by the most appropriate and safest practical the messages transmitted and relating to the subject of these GTCU.

Article 13 - GOVERNING LAW AND JURISDICTION

These GTCU are exclusively subjected to French law.

The official language hereof is French. The use of any other language is only informative. In case of difficulty relative to the GTCU, the Parties shall refer exclusively to the French text.

All disputes concerning the GTCU shall be submitted, before any judicial proceeding, to a conciliator, each Party hereto designating one, except to agree on the choice of only one. 

To this end, in the event of a dispute, either Parties shall notify the other by registered letter with acknowledgment of the name of the proposed mediator, the other Party having eight days to notify the one she designated; no reply within this period will be worth agreement of the second Part on the first conciliator chosen by the other Party. 

In case of default of the Party referred to in the receipt or post office withdrawal of a notification by registered letter with acknowledgment, notification may be made by any means. 

Within a maximum period of three months from their appointment(s) mediator(s) shall attempt to resolve the difficulties that will be submitted and accepted by the parties for an amicable Application. 

Whatever the outcome of that amicable settlement, a Minute of conciliation or non-conciliation will be writing and signed by the conciliator(s). 

In the absence of such an agreement in a timely manner, and subject to production of the minutes of non-conciliation, the dispute will be shall be submitted to the competent Court located in Troyes (France). 

For Users acting exclusively as consumers:

In accordance with Articles L. 611-1 et seq. of the Consumer Code, the User acting as a consumer has the right to directly resort to a conventional mediation procedure for any dispute that may arise with SALIENCE.

To use this mediation procedure, the User must first send their complaint to SALIENCE by registered letter with acknowledgement of receipt.

In the absence of a satisfactory response within one month, the User may refer the matter to the mediator indicated above according to the procedure provided by the latter.

This mediation is free of charge for the User, with the exception of any costs for lawyers or expertise that shall remain at the User's own expense.

In accordance with Article L. 611-2 of the Consumer Code, the dispute may not be heard by the mediator when:

  • the User does not justify having tried, beforehand, to resolve their dispute directly with SALIENCE by a written complaint in the manner prescribed, if appropriate, in the contract,
  • the request is manifestly unfounded or abusive
  • the dispute has previously been examined or is being examined by another mediator or by a court,
  • the User has submitted their request to the mediator within a period of more than one year from their written complaint to SALIENCE,
  • the dispute does not fall within their purview.