This undertaking relates to the general terms and conditions of use of the Citadel Service (the "Undertaking"). The Citadel Service is developed by Thales Communications & Security S.A.S (the "Provider"). The Citadel Service is available directly from the Service Provider or a third party (the "Reseller") in particular on Apple Store or Play Store. The Citadel Service is available (i) in the form of a subscription paid by a customer to the Service Provider or the Reseller for the benefit of its users (ii) free of charge for basic services if the User has an e-mail address whose e-mail domain is eligible for the Citadel Service.
You (or the "User") expressly acknowledge that you have read the terms and conditions set out below and are bound by them when using the Citadel Service (or updates or new versions) and/or by confirming your acceptance.
Under the Undertaking,
for the duration of the contractual relationship (it being specified that this is created as from the User’s acceptance of these terms and conditions), you are granted a right of personal, revocable, non-exclusive, non-transferable and non-assignable use of the Citadel Service; and
you acknowledge and agree that you have read the Undertaking and are informed that the Citadel Service is protected by the Service Provider’s intellectual property rights; and
any use of your equipment and the Citadel Service is strictly limited to use that is non-commercial, normal and customary, in accordance with applicable local laws and regulations; and
you represent that you are an adult and able to enter into a valid contract in accordance with the law and case law in force; and
you are responsible for the content that you distribute, use and/or transfer, and you undertake in this respect not to use the Citadel Service in any way contrary to the applicable regulations; and
any fraudulent, abusive or excessive use of the Citadel Service is prohibited; and
any falsification of the logins (header of requests, authentication token, etc.) or usurpation in any way whatsoever of an identity is prohibited; and
you undertake to ensure that the content and/or hosting and/or dissemination thereof do not constitute:
a violation of public order and morality, in particular through the provocation of crimes and offences, incitement to racial hatred or suicide, the apology of crimes against humanity or elements of child pornography, and that all violent or pornographic content is not likely to be accessible to minors;
infringement of third party rights, in particular (a) infringement of intellectual property rights of third parties, (b) harm to persons (including defamation, insults, slurs, etc.) and respect for privacy; and
you are reminded that under the laws in force, the Service Provider is not subject to a general obligation to monitor the content it hosts, or to a general obligation to search for facts or circumstances that reveal illegal activities. However, in accordance with the regulations in force, the Service Provider may be required to remove all manifestly unlawful content transmitted and/or stored via the Citadel Service as soon as it becomes aware thereof, and to communicate the User’s identification information on request from the judicial and/or administrative authority; and
The Service Provider reserves the right to immediately and without prior notice suspend the User’s access to the Citadel Service if it has been informed of a failure to comply with the regulations in force or the provisions of this article; and
you have no right to duplicate, reproduce, translate, modify, adapt or correct the Citadel Service and/or update, improve, create derivative works or even disclose results of tests or technical comparisons or performance tests on the Citadel Service with those of third parties; and
you are not authorised, directly or indirectly, to share, rent, rent in the form of a lease, sell, transfer, sub-license, export or re-export the Citadel Service in any way whatsoever to a third-party without the express and formal agreement of the Service Provider; and
in the event that the Service Provider agrees in accordance with paragraph l) above, to authorise you to export or re-export the Citadel Service, you agree to obtain the prior written consent of the French or foreign governmental authorities applicable and to comply with the relevant laws and regulations; and
you also undertake to refrain from, directly or indirectly, disassembling, reverse engineering or decompiling (i) the application software used by the Service Provider to provide you with the Citadel Service and/or (ii) the Citadel Service
or to access the source code of the application software/ the Citadel Service in any way; and
you are not authorised to erase, remove or tamper with any marking for copyright, patent, trademark or any other intellectual property right and/or any proprietary or proprietary statement or markings that may appear on the Citadel Service; and
you acknowledge and expressly accept that the Service Provider is and remains the owner of the Citadel Service and that no title or right of ownership is granted to you under the Undertaking; in this respect, you acknowledge that the Citadel Service is protected by intellectual property rights including in particular copyright, patents and trademarks; and
except in the event of a new commitment relating to the general terms and conditions of use of the Citadel Service provided on the occasion of an update or a new version of the Citadel Service, you acknowledge that any update or new version of the Citadel Service provided to you shall be governed by the same terms and conditions as those of the Undertaking; and
you are informed that the Citadel Service is designed to protect sensitive and non-classified communications and data and that in this respect you agree to bear sole liability for the analysis and to check the adequacy of the level of protection required by your data and communications with the above level provided by the Citadel Service; and
the right of use of the Citadel Service described in paragraph a) of the Undertaking is granted to you for the duration of the contractual relationship, provided that:
the contractual relationship may end at any time upon the decision of the Service Provider and/or the Reseller in the event of any breach by you of any provision of the Undertaking and/or in the event of any default on your part in the payment of the subscription (assuming a subscription has been made); and
in the event that a subscription has been taken out, upon its expiry or termination, you shall immediately cease the use of the associated services; and
the unsubscribing by the User in the event of free use of the Citadel Service; and
you acknowledge and accept that the content of the exchanged data and the sharing of such data during the use of the Citadel Service are under your sole liability, and the rules for the management of the communities are set by the Users of the Citadel Service without intervention by the Service Provider; moreover, it is your responsibility to check that the environment in which the Citadel Service is used (network used, equipment, etc.) is compatible and compliant with the constraints of use; and
within the limits set by applicable law, you expressly acknowledge and agree that access to the Citadel Service—including the Application—is provided as it stands and that its use is under your sole liability; and you acknowledge and expressly accept that, without this list being restrictive, you accept and agree that there is no such thing as a guarantee of merchantability, fitness for a particular purpose, accuracy, absence of error, or non-infringement of intellectual property rights; and
within the limits set by applicable law, under no circumstances shall the Service Provider be liable for any bodily injury, incidental, special, indirect or consecutive damage of any kind, including without limitation, loss of earnings, loss of data, loss of turnover, interruption in business or any other damage arising or resulting from your use or inability to use the Citadel Service; and
Information about personal data
When using the Citadel Service, the User shall share personal data with the Service Provider, in particular the connection and geolocation data transmitted automatically by its terminal equipment. It being specified that the transmission of geolocation data is carried out as a result of a User action.
Personal data are processed for the purposes of operation of the Citadel Service; establishing statistics; security; and in particular detecting malicious behaviour; improving the service; managing requests for support, and for compliance with applicable legal requirements. The aims herein are necessary for the performance of the service provided by the Citadel Service.
For each of the purposes set out above, unless otherwise required by law, the personal data of the person concerned shall be kept for:
one (1) year following the termination or expiry of the contractual relationship with respect to the personal identification and location data.
one (1) year from collection with respect to personal login data.
If the Citadel Service is subscribed to via a subscription, the Service Provider shall send the personal data collected and processed in the context of the Citadel Service to its customer. The Service Provider also reserves the right to transmit all or part of the personal data collected to Thales Services SAS in connection with this processing.
In any event, the User has the right to access their personal data. For legitimate reasons, they may request the modification or deletion of their data or object to the processing of their personal data. Furthermore, the User also has the right to request the communication of their personal data in a structured and standard format.
For any request or complaint, the User may send an email to email@example.com. In any event, the User has the right to file a complaint with the competent data protection authority.